HomeMy WebLinkAboutItem 29 - ZOA No. 2022-04 (Outdoor Dining) & ZOA No. 2022-05 (Mobile Food Trucks) Planning and Building Agency
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Item # 29
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
December 6, 2022
TOPIC: ZOA No. 2022-04 (Outdoor Dining) & ZOA No. 2022-05 (Mobile Food Trucks)
AGENDA TITLE:
Public Hearing - Zoning Ordinance Amendments (ZOAs) Nos. 2022-04 and 2022-05
Amending Chapter 41 of the Santa Ana Municipal Code to Establish Permit
Requirements and Standards for the Development of Outdoor Dining Areas and the
Operation of Mobile Food Trucks on Private Properties
RECOMMENDED ACTION
1. Find and determine that the adoption of these ordinances are exempt from
further review under the California Environmental Quality Act (CEQA) pursuant to
sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines, as amended from
time to time; and
2. Adopt an ordinance approving Zoning Ordinance Amendment No. 2022-04
establishing permit requirements and development and operational standards for
outdoor dining areas on private properties; and
3. Adopt an ordinance approving Zoning Ordinance Amendment No. 2022-05
establishing permit requirements and operational standards for the operation of
mobile food trucks on private properties.
DISCUSSION
At the request of the City Council, staff has prepared two zoning ordinance amendments
(ZOAs). The first, ZOA No. 2022-04, proposes to amend sections 41-130, 41-522, and
41-1341, and adds Section 41-130.5 and Article XXI (Outdoor Dining On Private Property)
to Chapter 41 (Zoning) of the Santa Ana Municipal Code (SAMC) establishing regulations
relating to the permit requirements and placement, development, and operational
standards of outdoor dining areas on private properties. The second, ZOA No. 2022-05,
proposes to amend Section 41-121 and adds Article XXII (Mobile Food Trucks On Private
Property) to Chapter 41 of the SAMC establishing regulations relating to permit
requirements and operational standards for mobile food trucks operating on private
properties.
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Planning Commission Action
At its regularly scheduled meeting on November 14, 2022, the Planning Commission
voted 4:0 (Vice-Chair Calderon, Alderete, and Morrissey absent) to recommend that the
City Council adopt an ordinance approving ZOA No. 2022-04 and an ordinance
approving ZOA No. 2022-05. After the Planning Commission meeting, minor changes to
the mobile food truck ordinance were made to reflect feedback from the business
community.
ZOA No. 2022-04 for Outdoor Dining
Chapter 41 of the SAMC currently regulates outdoor dining areas as an ancillary use to
eating establishments and requires that such area provide off-street parking at a rate of
eight parking spaces per 1,000 square feet of gross floor area but exempts such area to
be parked if the area of outdoor dining is less than 25 percent of the gross floor area of
the eating establishment, or 1,000 square feet, whichever is smaller. This current
parking requirement can make outdoor dining costly and infeasible for small
businesses. No additional specific outdoor dining regulations are currently prescribed
within Chapter 41 of the SAMC.
ZOA No. 2022-04 proposes to establish a streamlined administrative permit process
and flexible regulations pertaining to the placement, development, and operation of
outdoor dining areas that benefit eating establishments and enhance the pedestrian
ambiance of the City. In addition, it proposes provisions to ensure that such areas do
not adversely impact adjacent uses, properties, and surrounding neighborhoods. The
proposed regulations build upon those regulations established by the Take It Outside
guidelines (attached hereto as Exhibit 3 for reference) established pursuant to
Executive Order No. 5-2020. In addition, ZOA 2022-04 proposes to reduce the off-street
parking requirements for outdoor dining areas. Table 1 below illustrates the proposed
regulations which would be applicable to all new outdoor dining areas and those
proposed to be expanded.
Table 1: ZOA No. 2022-04 Proposed Outdoor Dining Regulations
Topic Proposed Regulations
Application & Permit Require submittal of an administrative permit application and approval by the
Planning and Building Agency (PBA).
Zone Requirements Allow outdoor dining as an ancillary use in all zones that currently allow
eating establishments, restaurants, cafes, etc.
Placement, Development,
& Design Standards
1. Allow a 15-percent encroachment into required front and street side yard
setbacks.
2. Require landscape buffers between outdoor dining area and property
lines and parking spaces/drive aisles.
3. Require the use of durable construction materials and compatibility with
the architectural style of primary building/use.
4. Require measures to reduce potential impacts on nearby sensitive land
uses.
5. Limit the signage to a menu board/sign.
6. Require lighting in accordance with Chapter 8 of the SAMC.
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Topic Proposed Regulations
Operational Standards 1. Require proper maintenance of the outdoor dining area and development
site.
2. Require that the hours of operation be consistent with the eating
establishment.
3. Require that the sale and consumption of alcohol be in accordance with
an approved Conditional Use Permit.
4. Prohibit outdoor cooking.
Parking Requirements Reduce the number of required off-street parking for outdoor dining areas.
Outdoor dining areas of 500 square feet or less serving an eating
establishment of less than 2,500 square feet will not be required to provide
additional off-street parking. Outdoor dining areas less than 25-percent of the
gross floor area of the eating establishment or 1,000 square feet, whichever
is smaller, will continue to be exempt from providing additional parking as
currently allowed per the SAMC. Outdoor dining areas exceeding these
thresholds will require to provide off-street parking at a rate of one parking
space per 250 square feet of outdoor dining area. In addition, parking
exemptions have been included to allow up to three required parking spaces
to be converted into outdoor dining for an integrated development site and up
to 25-percent of the required parking spaces for a stand-alone eating
establishment site.
Executive Director
Modifications
Establish an administrative modification process that allows the Executive
Director to grant modifications based on special circumstances and findings.
Permit Enforcement,
Modification, Revocation &
Termination
Establish an enforcement, modification, revocation, and termination process
in which the outdoor dining permit can be revoked or modified by the City if
the outdoor dining area turns into a public nuisance. In addition, it will
establish a termination process in the event that the outdoor dining area is
unoccupied or untenanted for more than six months.
ZOA No. 2022-05 for Mobile Food Trucks
The operation of mobile food trucks on private property on a semi-permanent basis is
currently not allowed in the City. Mobile food trucks are currently only allowed to operate
on a temporary basis during special events on private property through the issuance of
a land use certificate by the PBA. ZOA No. 2022-05 proposes to allow mobile food
trucks to operate on private property on a semi-permanent basis subject to the approval
of a mobile food truck permit by the PBA and operational standards. The proposed
operational standards build upon those established by the Take It Outside guidelines.
Table 2 below illustrates the proposed mobile food truck regulations that would apply to
mobile food trucks operating on private property citywide.
Table 2: ZOA No. 2022-05 Proposed Mobile Food Truck Regulations
Topic Proposed Regulations
Application & Permit Require submittal of an administrative permit application and approval by the
PBA for all mobile food trucks proposing to operate on private property. The
permit would be required to be renewed yearly.
Zone Requirements Allow mobile food trucks to operate as an ancillary use in all mixed use,
professional, commercial, and industrials zones.
Property & Location
Requirements
1. Require that mobile food truck can only operate from a private property
that is located along and adjacent to an arterial street, as identified by the
Mobility Element of the General Plan.
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Topic Proposed Regulations
2. Require that the private property be in compliance with all applicable
development standards, such as parking, landscape, signage, etc.
Nonconforming properties will have to provide site enhancements (i.e.
new landscaping, trash enclosure, repaving and restriping parking, etc.)
to bring the site into closer compliance.
3. Prohibit mobile food truck from operating on undeveloped/vacant lots
and property developed as a standalone parking lot or a service/gas
station.
4. Prohibit mobile food trucks from operating on private property that
contains an existing eating establishment and/or is located within 300
feet of a site/property containing an eating establishment that operates
during the proposed mobile food truck hours of operation. Requirement
was modified after the Planning Commission hearing based on
feedback from the business community.
Number of Mobile Food
Trucks per Lot Area
Allow one mobile food truck per 10,000 square feet of lot area/integrated
development site area, with a maximum of three total.
Operational Standards 1. Require compliance with all applicable federal, state, and local laws.
2. Prohibit mobile food trucks from operating before 6:00 p.m. and after
2:00 a.m. daily.
3. Prohibit mobile food trucks from operating after 10:00 p.m. on Sundays
through Thursdays and after 11:59 p.m. on Fridays and Saturdays, if
within 200 feet of a property zoned and/or used strictly for residential
purposes.
4. Prohibit mobile food trucks from operating on properties zoned and/or
used strictly for residential purposes.
5. Prohibit overnight parking of mobile food trucks on the subject private
property.
6. Prohibit mobile food trucks from encroaching into any required yards,
path of travel, fire lanes, line of sight, etc.
7. Require that a unisex restroom be available to employees and
customers within 50 feet of the mobile food truck.
8. Allow mobile food trucks to have a seating area of up to 350 square feet.
9. Require waste receptacles to be provided.
10. Require proper maintenance of the mobile food truck and its operations
and development site.
11. Prohibit the use of generators and require direct connection to an
electrical source.
Permit Enforcement,
Modification, Revocation,
& Termination
Establish an enforcement, modification, revocation, and termination process
in which the mobile food truck permit can be revoked or modified by the City
if the operation of the mobile food truck turns into a public nuisance.
Consistency with the Santa Ana General Plan
The proposed zoning ordinance amendments are consistent with various goals and
policies of the Santa Ana General Plan. Goal 2 (Diverse Economic Base) of the
Economic Prosperity Element (EP) encourages the maintenance and enhancement of
the diversity and regional significance of the City’s economic base. Policy EP-2.6 (Small
Business Assistance) supports and encourages small business development,
incubators, and microenterprises through start-up assistance and identification of fiscal
resources for entrepreneurship. The proposed amendments will provide small eating
establishments the ability to expand their operations outdoors and provide
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entrepreneurial opportunities for small businesses to start their own mobile food truck
business. In addition, the actions will allow brick-and-mortar businesses to expand their
operations to different locations and markets in the City.
Goal 3 (Business Friend Environment) of the EP promotes a business friendly
environment where businesses thrive and build on Santa Ana’s strengths and
opportunities. Policy EP-3.5 (Simplify The Process) encourages the development of
streamlined processes and business assistance through the permitting process. Policy
EP-3.6 (Responsive to Trends) encourages the maintenance of flexible and up-to-date
land use regulations that are responsive to changing business trends, best practices,
technological advancements, and community needs. The proposed zoning ordinance
amendments will create a streamlined and flexible permitting process for outdoor dining
areas and mobile food trucks and establishes best practice development and
operational standards. The amendments are also responsive to market conditions that
were impacted by COVID-19.
Goal 2 (Land Use Needs) of the Land Use Element (LU) encourages a balance of land
uses that meet Santa Ana’s diverse needs. Policy LU-2.2 (Capture Local Spending) in
particular encourages a range of commercial uses to capture a greater share of local
spending, and offer a range of employment opportunities. Policy LU-2.7 (Business
Incubator) encourages the support of land use decisions that encourage the creation,
development, and retention of businesses in Santa Ana. The proposed zoning
ordinance amendments will encourage the development of new businesses and help
retain current businesses by providing them with tools to help them stay competitive
with neighboring markets.
Lastly, Goal 4 (Complete Communities) of the LU supports a sustainable Santa Ana
through improvements to the built environment and a culture of collaboration. Policy LU-
4.1 (Complementary Uses) encourages the promotion of complete neighborhoods by
encouraging a mix of complementary uses, community services, and people places
within a walkable area. The proposed zoning ordinance amendments will provide
ancillary and complementary uses and services, which will help promote the creation of
complete and walkable neighborhoods and streets. Outdoor dining areas and mobile
food trucks can assist with beautifying and activating retail centers and creating people
places.
ENVIRONMENTAL IMPACT
Pursuant to the California Environmental Quality Act (“CEQA”) and the CEQA
Guidelines, the adoption of these ordinances are exempt from CEQA review pursuant to
sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because these
ordinances will not result in a direct or reasonably foreseeable indirect physical change
in the environment, as there is no possibility these ordinances will have a significant
effect on the environment and are not a "project", as defined in Section 15378 of the
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CEQA Guidelines. As a result, a Notice of Exemption, Environmental Review (ER) No.
2022-88 for ZOA No. 2022-04 and ER No. 2022-99 for ZOA No. 2022-05, will be filed
upon adoption of these ordinances.
FISCAL IMPACT
There is no fiscal impact associated with the adoption of these ordinances.
EXHIBIT(S)
1. Ordinance Approving ZOA No. 2022-04
2. Ordinance Approving ZOA No. 2022-05
3. City of Santa Ana: A Guide for Outdoor Business Operations "Take It Outside"
4. Copy of Public Hearing Notice
Submitted By: Minh Thai, Executive Director, Planning and Building Agency
Approved By: Kristine Ridge, City Manager
Ordinance No. NS-XXXX
Page 1 of 12
ORDINANCE NO. NS-XXX
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.
Ordinance No. NS-XXXX
Page 2 of 12
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. – ReservedOutdoor 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.
Ordinance No. NS-XXXX
Page 3 of 12
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. Ancillary outdoor dining facilities located in the front yard area.
hg. Banquet facilities, subject to development and operational standards set
forth in Section 41-199.1 of this Chapter.
ih. Banquet facilities as an ancillary use, subject to development and
operational standards set forth in Section 41-199.1 of this Chapter.
ji. Automobile repair and automobile servicing.
kj. 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.
lk. 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.
Ordinance No. NS-XXXX
Page 4 of 12
(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.
(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.
Ordinance No. NS-XXXX
Page 5 of 12
Sec. 41-2201. – Applicability.
(a) The provisions of this Article shall apply to:
(1) All new outdoor dining areas located on private property; and
(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.
Ordinance No. NS-XXXX
Page 6 of 12
Sec. 41-2203. – Zone Requirements.
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.
Ordinance No. NS-XXXX
Page 7 of 12
(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.
(j) Lighting in accordance with Chapter 8 of the SAMC shall be provided to
illuminate the outdoor dining area during nighttime hours.
(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.
Ordinance No. NS-XXXX
Page 8 of 12
(i) The outdoor dining area shall be operated in a manner that complies with
all applicable federal, state, county and city laws and regulations.
(j) 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.
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:
Ordinance No. NS-XXXX
Page 9 of 12
(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.
(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;
Ordinance No. NS-XXXX
Page 10 of 12
(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
(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 shall 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.
Ordinance No. NS-XXXX
Page 11 of 12
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.
ADOPTED this _______ day of ___________, 2022.
________________________________
Vicente Sarmiento
Mayor
APPROVED AS TO FORM
Sonia R. Carvalho, City Attorney
By: _________________________
John M. Funk
Chief Assistant City Attorney
AYES: Councilmembers: __________________________________
NOES: Councilmembers: __________________________________
ABSTAIN: Councilmembers: _________________________________
NOT PRESENT: Councilmembers: _________________________________
Ordinance No. NS-XXXX
Page 12 of 12
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, ____________________, Clerk of the Council, do hereby attest to and certify
that the attached Ordinance No. NS-_______ to be the original ordinance
adopted by the City Council of the City of Santa Ana on ___________________,
2022 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
Ordinance No. NS-XXXX
Page 1 of 9
ORDINANCE NO. NS-XXX
ZONING ORDINANCE AMENDMENT NO. 2022-05 – AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA AMENDING SECTION 41-121 OF, AND
ADDING ARTICLE XXII (MOBILE FOOD TRUCKS ON
PRIVATE PROPERTY) TO, CHAPTER 41 (ZONING) OF
THE SANTA ANA MUNICIPAL CODE ESTABLISHING
REGULATIONS RELATING TO THE OPERATION OF
MOBILE FOOD TRUCKS 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 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.
C. On July 7, 2020, the City Council approved Resolution No. 2020-055,
which temporarily allowed food vending vehicles to use private properties
for vending activities and updated the Guide for Outdoor Business
Operations to include guidance and safety measures for the operation of
food vending vehicles on private properties.
D. 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.
E. On June 15, 2021, the State moved beyond the Blueprint for a Safer
Economy.
F. On July 11, 2022, the City Manager, acting as Director of Emergency
Services, approved Executive Order No. 18-2022 allowing the continued
operation of food vending vehicles on private property until December 31,
2022. In addition, City Council directed staff to evaluate best practices and
present City Council with options and recommendations on permanent
regulations for food vending vehicles on private property prior to
December 31, 2022.
Ordinance No. NS-XXXX
Page 2 of 9
G. The proposed amendments to the Santa Ana Municipal Code (SAMC)
support the objectives and policies of the City’s General Plan.
H. 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.
I. 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 41-121 (Reserved) of Chapter 41 of the SAMC is hereby
amended to read as follows:
Sec. 41-121. – ReservedMobile Food Truck.
Mobile Food Truck means a motorized vehicle or mobile food unit. licensed by the
California Department of Motor Vehicles, designed and equipped to prepare, serve, and
sell food and/or non-alcoholic beverages. For purposes herein, the term “food” shall
mean fruit, meat, vegetables, or other nutritious substance, dispensed in prepared,
packaged or other form suitable for immediate ingestion or consumption by human
beings. “Mobile Food Truck” shall not include a trailer or any wagon or pushcart, either
propelled or drawn by motorized or other force, or any other vehicle incidentally used for
dispensing food.
Section 4. Article XXII (Mobile Food Trucks on Private Property) to Chapter 41
of the SAMC is hereby added in its entirety to read as follows:
ARTICLE XXII. – MOBILE FOOD TRUCKS ON PRIVATE PROPERTY
Sec. 41-2300. – Purpose.
The purpose and intent of this Article is to create a streamline administrative permit
process allowing mobile food trucks to operate on private property in order to provide
entrepreneurial opportunities for small businesses to operate in the City and benefit the
community by providing gourmet and fast food services to the City residents, workers,
and visitors, and to establish regulations that ensure mobile food trucks are operated in
a safe manner and do not create a public nuisance.
Sec. 41-2301. – Applicability.
(a) The provisions of this Article shall apply to all mobile food trucks operating on
private property, unless exempted by Section 41-2305(b). Mobile food trucks
may operate on City owned property with prior written consent and approval by
the City Manager or designee and shall be subject to the provisions of this Article
as deemed appropriate by the City Manager or designee.
Ordinance No. NS-XXXX
Page 3 of 9
(b) The provisions of this Article do not apply to any of the following:
(1) Mobile food trucks operating in the public right-of-way subject to the
provisions of Article XIV (Food Vending Vehicles) of Chapter 36 (Traffic) of
the SAMC.
(2) Mobile food trucks operating in conjunction with any city-sponsored event
where the operator of the mobile food truck is operating pursuant to a valid
contract with the City.
(3) Mobile food trucks operating in conjunction with an approved land use
certificate and/or special event permit for temporary outdoor activities.
(4) Mobile food trucks operating in a construction site (site with a valid
building or grading permit) or business which does not vend to the general
public during the time on the site and does not conduct operations on any
single private property for more than forty-five (45) minutes.
(c) The provisions of this Article are not intended to provide exclusive regulation of
the operation of mobile food trucks on private property. Mobile food trucks 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. 41-2303. – Application, Permit, and Review Requirements.
(a) No mobile food truck shall operate on private property without obtaining approval
of an administrative mobile food truck application and permit as established by
the Executive Director of the Planning and Building Agency. Approval of the
mobile food truck permit shall be granted only to the business owner/operator of
the mobile food truck that holds a valid City business license and a health permit
from the County of Orange Health Care Agency.
(b) An approved permit for a mobile food truck shall be renewed on an annual basis
on the anniversary date of the original approved permit. An application for
renewal shall be submitted to the Planning and Building Agency no later than
sixty (60) days prior to the expiration of the approved permit.
(c) The business owner/operator of the mobile food truck shall maintain and store a
copy of the mobile food truck permit within the mobile food truck and shall
present the permit, upon request, to a city police officer, code enforcement
officer, or any other person designated by the City to enforce this Article.
Ordinance No. NS-XXXX
Page 4 of 9
Sec. 41-2304. – Zone Requirements.
Mobile food trucks may operate on private property, as an accessory use, that is zoned
as mixed use, professional, commercial, or industrial, and all specific development and
specific plan areas that have similar zones.
Sec. 41-2305. – Property and Location Requirements.
Mobile food trucks may only operate on private property that comply with the following
property and location requirements:
(a) The private property is located along an arterial street, as identified in the Mobility
Element of the General Plan.
(b) The private property is developed in accordance with the development standards
of this Chapter for the primary use(s) and the zoning designation of the property.
Mobile food trucks may operate on a nonconforming site only if the following
conditions are satisfied, as deemed appropriate by the Executive Director of the
Planning and Building Agency:
(1) All signage on the building(s) and site shall be brought into conformity with
the requirements of this Chapter;
(2) Landscaping shall be improved to bring the site closer into compliance
with the landscaping requirements of this Chapter;
(3) Parking areas in poor condition shall be improved and maintained in
accordance with Section 41-1304 of this Chapter;
(4) Bicycle parking shall be provided in accordance with Section 41-1307.1 of
this Chapter.
(5) Building(s) on the site shall be repainted as need; and/or
(6) A trash enclosure in accordance with this Chapter shall be constructed or
rehabilitated if one is already built on site.
(c) The private property is not a stand-alone parking lot or undeveloped vacant
property.
(d) The private property is not developed as a service or gas station.
(e) The private property does not contain a legally established eating establishment
and/or is not located within three hundred (300) feet, as measured from the
outermost boundary of the property, of a lot that contains a legally established
eating establishment and which operates during the proposed mobile food truck
hours of operation. If an eating establishment is established within this separation
requirement subsequent to the mobile food truck being approved, nothing shall
prohibit the mobile food truck from continuing to operate at the approved location.
Ordinance No. NS-XXXX
Page 5 of 9
Sec. 41-2306. – Maximum Number of Mobile Food Trucks Per Lot Area.
No more than one (1) mobile food truck per ten thousand (10,000) square feet of lot
area or integrated development site area, as defined in Section 41-83.5 of this Chapter,
shall be allowed. However, in no event shall more than three (3) mobile food trucks be
allowed to operate on a single lot or integrated development site.
Sec. 41-2307. – Operational Standards.
All mobile food trucks operating within private property shall comply with the following
operational standards:
(a) Mobile food trucks shall comply with all applicable federal, state, and local laws,
ordinances and regulations including, without limitation, state food labeling and
preparation requirements, fire codes and regulations, and Americans with
Disabilities Act (ADA) and regulations.
(b) Mobile food trucks shall not operate before 6:00 p.m. or after 2:00 a.m., including
set-up and clean-up. If operating within two hundred (200) feet of a residential
zone or property used for residential purposes, the mobile food truck shall not
operate after 10:00 p.m. on Sunday through Thursday and 11:59 p.m. on Friday
and Saturday.
(c) Mobile food trucks shall not be parked or stored overnight on the permitted
vending site.
(d) Mobile food trucks shall only be parked and operate from the area approved on
the site plan by the Planning and Building Agency.
(e) Mobile food trucks shall only occupy parking spaces not required to meet the
minimum parking requirements of the primary use(s) on the property per Article
XV (Off-Street Parking) of this Chapter. This requirement does not apply if the
hours of operation for the mobile food truck and primary use(s) do not coincide.
However, in no case shall a mobile food truck and its operations occupy more
than twenty-five-percent (25%) of the entire parking area. If multiple mobile food
trucks operate on a lot, then no more than fifty-percent (50%) of the entire
parking area shall be occupied.
(f) The outdoor dining area shall comply with corner and driveway obstruction line-
of-sight standards, as modified from time to time.
(g) A minimum of one (1) permanent and accessible public restroom shall be
provided on-site and within fifty (50) feet of the mobile food truck and shall be
available for use by the employees and customers of the mobile food truck during
all hours of operation. Portable restrooms are prohibited to satisfy this
requirement.
Ordinance No. NS-XXXX
Page 6 of 9
(h) A maximum three hundred fifty (350) square-foot, uncovered seating area, may
be provided to serve the patrons of the mobile food truck. The seating area may
consist of portable chairs, tables, canopies, and barricades which shall be
removed prior to closure of the mobile food truck. The seating area shall be
located in an area of the site that does not interfere or obstruct any landscape,
parking stalls, driveways and circulation, walkways, or fire lanes and hydrants.
(i) No part of the mobile food truck operations, including seating and equipment,
shall encroach onto the public sidewalk or street. The mobile food truck operator
shall manage customer queuing and ensure pedestrian accessibility is
maintained.
(j) At minimum, two (2) waste receptacles shall be provided on-site and adjacent to
the mobile food truck during all hours of operations and shall be removed prior to
the closure of the mobile food truck.
(k) Litter generated by the mobile food truck and its patrons, within a fifty (50) foot
radius of the mobile food truck, shall be removed prior to the closure of the
mobile food truck and disposed at an approved commissary.
(l) Lighting shall be provided during hours of darkness to ensure customer safety.
Lighting shall not create glare and shall be directed downward and away from
adjacent properties.
(m) The mobile food truck and its operations shall at all times comply with the noise
provisions pursuant to Section 10-153 of Chapter 10 of the SAMC.
(n) Mobile food truck operators shall be responsible for controlling smoke and odors
caused by the mobile food truck and its operations.
(o) No signage other than that exhibited on the mobile food truck may be displayed.
(p) No alcoholic beverages shall be served or sold by the mobile food truck.
(q) No mobile food truck shall cause or dispose of oil or grease on the lot.
Wastewater generated on-site shall not be released on-site or into the storm
drainage system.
(r) The mobile food truck shall be entirely self-sufficient in regards to gas, water, and
wastewater. The use of generators (i.e. portable or vehicle mounted) to supply
electricity to the mobile food truck and its operations is prohibited. A mobile food
truck shall utilize an electrical connection to maintain power. The electrical
connection shall be approved by the Planning and Building Agency and shall be
installed adjacent to the mobile food truck and in a manner that does not create a
public safety hazard.
Ordinance No. NS-XXXX
Page 7 of 9
Sec. 41-2308. – Enforcement, Modification, Revocation and Termination of Mobile
Food Truck 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 a mobile food truck without a mobile food truck
permit, or to fail to comply with each and every condition of that mobile food truck
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 mobile food truck permit,
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 the mobile food truck 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 the mobile food truck permit:
(1) The mobile food truck permit was issued, in whole or in part, on the basis
of a misrepresentation or omission of a material statement in the
application;
(2) One (1) or more of the requirements of the mobile food truck permit have
not been substantially fulfilled or have been violated;
(3) The mobile food truck and its operations authorized in compliance with the
mobile food truck permit are in violation of any code, law, ordinance,
regulation or statute of the city, state or federal government; or
(4) The mobile food truck and its operations authorized in compliance with the
mobile food truck permit have 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 shall become effective until the mobile food 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) A mobile food truck permit shall be terminated if the mobile food truck permit is
not renewed pursuant to Section 41-2303 of this Article.
Ordinance No. NS-XXXX
Page 8 of 9
Section 5. The City Council may, by resolution, establish a fee for the
administrative mobile food truck permit required by this ordinance. The City Council
shall from time to time by resolution adopt a schedule of fees to be charged.
Section 6. 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. 2022-99, will be filed upon
adoption of this ordinance.
Section 7. 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 8. This Ordinance shall become effective thirty (30) days after its
adoption.
Section 9. The Clerk of the Council shall certify the adoption of this ordinance
and shall cause the same to be published as required by law.
ADOPTED this _______ day of ___________, 2022.
________________________________
Vicente Sarmiento
Mayor
APPROVED AS TO FORM
Sonia R. Carvalho, City Attorney
By: _________________________
John M. Funk
Chief Assistant City Attorney
Ordinance No. NS-XXXX
Page 9 of 9
AYES: Councilmembers: __________________________________
NOES: Councilmembers: __________________________________
ABSTAIN: Councilmembers: _________________________________
NOT PRESENT: Councilmembers: _________________________________
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, ____________________, Clerk of the Council, do hereby attest to and certify
that the attached Ordinance No. NS-_______ to be the original ordinance
adopted by the City Council of the City of Santa Ana on ___________________,
2022 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
REV 8/12/2020 2 | Page
TABLE OF CONTENTS
PREFACE .....................................................................................................................................3
REOPENING CALIFORNIA.........................................................................................................3
RESTAURANT + RETAIL RECOVERY PROGRAM ...........................................................................3
GUIDELINES TO EXPAND SEATING AND SALES AREAS.............................................................3
TEMPORARY OUTDOOR DINING + RETAIL ACTIVITY IN PUBLIC RIGHTS-OF-WAY IN ONLY IN
DOWNTOWN ..........................................................................................................................4
Sidewalks ............................................................................................................................. 4
Food Islands/Parklets in Downtown ..................................................................................... 4
Café & Retail Zones .............................................................................................................. 5
TEMPORARY OUTDOOR DINING + RETAIL ACTIVITY ON PRIVATE COMMERCIAL PROPERTY
CITYWIDE ................................................................................................................................6
Tents, Umbrellas, and Other Shade Structures ..................................................................... 6
MOBILE FOOD VENDING .........................................................................................................6
TEMPORARY SALE & CONSUMPTION OF ALCOHOL ................................................................7
OUTDOOR PERSONAL SERVICES .................................................................................................8
ADDITIONAL RESOURCES............................................................................................................9
EXHIBIT A: Downtown Santa Ana Business Improvement District Boundaries ........................10
EXHIBIT B: Outdoor Seating Area Guidelines............................................................................11
EXHIBIT C: Sample Street Closures ...........................................................................................12
EXHIBIT D: Sample Layout of Outdoor Dining in Parking Lots ..................................................13
EXHIBIT E: Guidelines for Tents, Umbrellas, or Shade Structures .............................................14
EXHIBIT F: Sample Layout for Mobile Food Vending in Parking Lots ........................................15
EXHIBIT G: Temporary Catering Authorization .........................................................................16
EXHIBIT H: Flyers and Other Resources ....................................................................................17
REV 8/12/2020 3 | Page
PREFACE
REOPENING CALIFORNIA
Governor Gavin Newsom issued Executive Order N-33-20 on March 19, 2020. After many
businesses and activities were allowed to reopen, Governor Newsom ordered many indoor
operations to cease statewide and added new restrictions in counties including Orange County
in July 2020. Restaurants, retail, and personal services are authorized to open outdoors only,
and must abide by the safety guidelines issued by the State, CDC, and OSHA.
RESTAURANT + RETAIL RECOVERY PROGRAM
The City of Santa Ana is taking steps to ensure businesses have the ability to operate safely and
successfully during the COVID-19 economic recovery using available private and public right-of-
way.
GUIDELINES TO EXPAND SEATING AND SALES AREAS
Per Executive Order 5-2020, the City of Santa Ana provides the following guidelines:
Restaurants and food establishments licensed under Chapter 41 of the Santa Ana
Municipal Code (SAMC) may allow outdoor consumption of food and beverages, so long
as they adopt appropriate social distancing measures.
All outdoor seating must be spaced at least 6 feet between parties. Outdoor seating and
sales areas shall be separated by stanchions, barriers, planters, or similar means to
outline the specific area.
Restaurants using Food Islands or participating in the “Café and Retail” zones are
required to use a reservation process to prevent patrons from congregating while
waiting for service.
Businesses should thoroughly clean and disinfect all surfaces after each use. Businesses
should also provide easily accessible sanitizer for patrons and employees.
It is strongly encouraged to test your workforce for COVID-19. No symptoms or
insurance is necessary.
Businesses should also use disposable paper menus and are strongly encouraged to
implement contactless ordering and payment processes.
Outdoor alcohol sales is permitted in full accordance with California Department of
Alcoholic Beverage Control (ABC) and City approved standards.
Facial coverings should be worn for all those in face-to-face interaction roles (e.g.
servers, retail workers) and where six-foot social distancing cannot be
maintained.
Bars, pubs, and nightclubs shall continue to comply with the state order.
REV 8/12/2020 4 | Page
TEMPORARY OUTDOOR DINING + RETAIL ACTIVITY IN PUBLIC RIGHTS-OF-
WAY IN ONLY IN DOWNTOWN
In accordance with Executive Order 5-2020, the City of Santa Ana is temporarily authorizing
restaurants and retail businesses to expand dining and retail operations onto sidewalks and
parking spaces (Food Islands/Parklets) on City roads or parking lots within Downtown Santa
Ana. The City will also identify certain roadways for full road closures (Café & Retail Zones) and
will be temporarily making these street areas available for expanded dining and retail activity. It
is the business’s responsibility to ensure that minimum life safety requirements and Americans
with Disability Act (ADA) requirements are maintained at all times. See Exhibit A for a map of
Downtown Santa Ana.
Sidewalks
For the duration of Governor Newsom’s stay-at-home
order, City Code requirements regarding certain
permitting of sidewalk cafes shall be temporarily
suspended. Businesses utilizing City rights-of-way
shall comply with the following requirements during
this time period. Operational requirements for
Sidewalk Cafes per the SAMC shall remain in effect as
described below and shall apply to all private business
operations including retail establishments.
General Requirements:
Outdoor seating or sales area operations within
sidewalks and public rights-of-way shall maintain the following:
Adequate and unobstructed pedestrian flow of at least 4 feet
Access to public utilities, crosswalks, bus stops, and other required entrances/exits
Access to fire hydrants, fire hose connections for sprinkler systems, and building
entrances/exits shall not be obstructed. The twenty (20) feet fire lane shall not be
obstructed at any time.
The operational hours of the outdoor space shall be restricted to the operating hours
of the business.
See Exhibit B for outdoor seating parameters.
Food Islands/Parklets in Downtown
Food Islands (or parklets) are on-street parking spaces that have been temporarily
converted for other use, such as expanded outdoor dining areas. Food Islands can
be used by one or more businesses, and don’t require streets to be closed. The City
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will be temporarily suspending certain codes and permitting requirements for private use of on-
street parking spaces within the public right-of-way.
Metered parking spaces must be requested and approved in advance by contacting the
City at (714) 647-5477. The City will bag metered spaces at no cost to the business, and
the business will be permitted to temporarily use the additional space for restaurant or
retail use.
Non-metered spaces may be activated by an adjacent business at any time without
notification to the City.
Temporary Barriers and Surface Materials
Temporary barrier materials, such as pedestrian rails, bike racks, wood, plants, A-frames, or
painted plastic, can be utilized to better define boundaries of extended business operations.
Any equipment or furniture placed in the parking space cannot be placed closer than two
(2) feet from the edge of the adjacent travel lane. Safe pedestrian pathways between barrier
walls must be provided. For questions relating to barrier wall placement, please call Victor
Chaidez with the Public Works Agency at (714) 647-5609 or Julie Castro-Cardenas from the
Community Development Agency at (714) 673-3619. Temporary surface materials, such as
chalk or turf, are permitted for application on sidewalks and parking spaces.
Café & Retail Zones
Café and Retail Zones involve closures of portions of a street near a concentration of businesses
to provide additional space in a safe and protected setting that can serve multiple businesses.
Full street closure locations and hours of operation will be approved and deployed by the City
of Santa Ana in advance. The City will provide the maintenance of traffic plans to close the
roadway for vehicles and deploy necessary detours and signs to direct traffic away from the
closure. It is the business’s responsibility to activate these spaces with temporary materials
such as tables, chairs, umbrellas, and visual/physical barrier materials.
These zones will be installed 24 hours a day/7 days per week for the duration of this pilot
program. To request consideration of a Café & Retail Zone in front of your business, please call
the Community Development Agency at (714) 673-3619 or William McGovern from the Police
Department at (714) 647-5840. See Exhibit C for sample street closure maps.
City of Santa Ana Right to Clear Right-of-Way
The City reserves the right to remove an outdoor seating or sales area that (i) creates an
obstruction to, or causes congestion of, pedestrian or vehicular traffic due to existing
conditions on the surrounding public right-of-way if it finds the installation represents a
danger to the health, safety or general welfare of the public or (ii) a business
violates the requirements of these Guidelines or Executive Order 5-2020.
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The City may require the removal, temporary or permanent, of the outdoor seating or sales area
when necessary, or the permittee fails to comply with the criteria set forth in Chapters 10,
36, and 41 of the SAMC. Any costs incurred by the City for removal or storage of sidewalk
café tables, chairs and other equipment shall be the responsibility of the business. The C ity
is not responsible for any damages or loss of equipment removed pursuant to this subsection.
TEMPORARY OUTDOOR DINING + RETAIL ACTIVITY ON PRIVATE
COMMERCIAL PROPERTY CITYWIDE
Up to 50% of off-site private parking
spaces counted for required parking
may be converted to outdoor dining or
retail space, when the lot is immediately
adjacent to the parent property. The
converted use must be in
conformance with all Orange County
Fire Authority (OFCA) requirements for
building accessibility, and social
distancing requirements that provide at
least six feet spacing between tables and
pathways. Additionally, no parking for disabled persons may be repurposed for restaurant or
retail use. See Exhibit D for a sample layout.
The required landscape and buffer areas for the off-site private parking spaces (Vehicular
Use Areas), shall not be used as an expanded converted use for restaurants or retail
operations. There shall not be parking, outside seating, or retail activities in these areas.
Tents, Umbrellas, and Other Shade Structures
Tents that are 10 feet by 10 feet in size or smaller may be placed in parking spaces to provide
shade for outdoor dining and retail areas. Businesses must adhere to OCFA requirements. See
Exhibit E for additional guidelines on the use of tents, umbrellas, or shade structures within
public spaces.
MOBILE FOOD VENDING
Mobile food vendors may operate within private or city-owned parking lots with the permission
of the property owner and in accordance with guidelines and regulations from the CDC, County
of Orange, and the City of Santa Ana. Mobile food vendors that are interested in vending in
private or city-owned parking lots must register with the City of Santa Ana to
participate.
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Mobile food vendors must adhere to the following:
• Receive written permission from the private parking lot property owner.
• If it is a city-owned parking lot, please contact Julie Castro-Cardenas, Economic
Development Specialist II from the Community Development Agency at
(714) 673-3619 or William McGovern, Special Events Coordinator from the Santa Ana
Police Department at (714) 647-5840.
• Maintain a valid City of Santa Ana Business License.
• Maintain a current County of Orange Health Care Agency permit for mobile food
vending and have access to restroom facilities for employees.
• Parking lots must be zoned commercial, industrial, or specific plans allowing for
commercial and industrial use.
• Each mobile food vendor may occupy a maximum parking space of 30 feet x 20 feet,
but may NOT exceed 25% of the entire parking lot. Multiple food vendors may operate
in a lot, but may not occupy more than 25% of the lot. Up to 50% of a private parking
lot can be used cumulatively for restaurants, retail, mobile food vending, and personal
services.
• May not impose on primary business use of parking requirements when open for
business.
• May not operate on a property with a competing business during business hours.
• Operate no later than 2 a.m. daily. If operating within 500’ from a residential zone, may
only operate until 12:00 a.m.
• Set up 4 feet from any structure or building.
• Depending on the parking area and spaces allotted, vendors may use TWO 10’x10’
canopy and up to 4 tables maximum per mobile food vendor.
• May NOT block parking stalls for patrons with disabilities, driveways, or emergency and
designated fire access.
• May NOT create dangerous situations for pedestrians, cyclists, or motorists (i.e. blocking
visibility at corners or driveways).
• Ensure COVID-19 distance protocols as recommended by the County of Orange and
other State agencies.
• Parking area and radius must be maintained clean at all times.
• At night, low voltage lighting may be permitted.
• No amplified noise. If operating as public nuisance, permission to operate may be
revoked.
See Exhibit F for a sample layout for mobile food vending.
TEMPORARY SALE & CONSUMPTION OF ALCOHOL
The City of Santa Ana will temporarily allow the sale and consumption of alcohol
within private or public outdoor dining or Food Islands that are operated and
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approved by business owners that have permits and authorization from the Alcoholic Beverage
Control, as outlined in the Fourth Notice of the ABC guidelines: https://www.abc.ca.gov/fourth-
notice-of-regulatory-relief/
See Exhibit G for additional information on applying to ABC for temporary catering
authorization.
OUTDOOR PERSONAL SERVICES
In July 2020, Governor Gavin Newsom announced guidelines for hair salons and barbers as well
as guidelines for Expanded Personal Care Services to operate outdoors.
The City of Santa Ana is temporarily authorizing personal services to be offered outdoors
citywide with the following requirements:
• May operate on private parking lots with written permission from the property owner.
• The City is temporarily suspending the requirement of a land use certificate and
permitting requirement for sidewalk use.
• May occupy a maximum parking space of 30 feet x 20 feet, but may NOT exceed 25%
of the entire parking lot. Up to 50% of a private parking lot can be used cumulatively
for restaurants, retail, mobile food vending, and personal services.
• May operate on sidewalks directly adjacent storefront if businesses do not have private
outdoor areas or an onsite parking lot.
o Must maintain Americans with Disability Act (ADA) requirements at all times,
including adequate and unobstructed pedestrian flow of at least 4 feet.
• Must maintain a minimum of 15 feet away from any other businesses during normal
business hours.
Hair salons and barbershops must also be in accordance with all State guidelines as follows:
• Outdoor operations may be conducted under a tent, canopy, or other sun shelter as
long as no more than one side is closed, allowing sufficient outdoor air movement.
• Salons/barbershops should not perform a service that would require a customer to have
to enter the establishment.
• Maintain at least six feet between and among workers and customers, except when
providing services.
• Establish an outdoor reception area where customers can check in while following
physical distancing guidelines. If possible, implement virtual check-in technology.
• Stagger appointments to reduce reception congestion and ensure adequate time for
proper cleaning.
• Perform thorough cleaning in high-traffic areas and clean at the beginning
and end of each shift and in between customers.
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• Must continue to follow existing California Board of Barbering and Cosmetology rules
ADDITIONAL RESOURCES
The City of Santa Ana has established a Business Resource Hotline for local businesses to
communicate and get resources during economic recovery from the COVID-19 pandemic.
Available Monday through Thursday during normal business hours.
Call: (714) 647-5477
Visit: https://www.santa-ana.org/businesses-and-workers-impacted-coronavirus
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EXHIBIT A: Downtown Santa Ana Business
Improvement District Boundaries
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EXHIBIT B: Outdoor Seating Area Guidelines
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EXHIBIT C: Sample Street Closures
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EXHIBIT D: Sample Layout of Outdoor Dining in
Parking Lots
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EXHIBIT E: Guidelines for Tents, Umbrellas, or
Shade Structures
The following requirements shall apply to use of tents or shade structures within public
spaces:
The maximum size tents that may be placed within sidewalks and parking spaces
will be 10-foot by 10-foot.
No more than five tents that are 10x10 may be positioned side by side.
No staking of tents is permitted in public rights-of-way.
All tent legs must be weighted.
Each leg must have a minimum of 40lbs.
Weights must be securely attached to canopy roof and canopy leg separately.
o Ropes and straps should be high quality.
o Bungee or rubber straps are prohibited.
Weights must be on the ground and not dangling.
Weights and lines must not pose a hazard and be clearly visible.
For maximum safety, tents should be secured as soon as they are put up, and brought
down as soon as weight is removed. Do not leave unsecured tents at any time.
Heaters of any kind shall not be used under tents or umbrellas.
Smoking is prohibited under tents and shade structures.
Tents must not have closed walls in place while open to the public, and all sides
should be open for air flow.
Items that make acceptable weights:
5 gallon bucket full of water, sand, or concrete
4” PVC pipe at least 36” long filled with concrete
Large commercially available tent weights
Sandbags or salt bags 40lbs or heavier
Requirements for tents larger than 10-foot by 10-foot:
Shall only be placed on private property or city parks (not sidewalks or streets)
Must comply with OCFA requirement
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EXHIBIT F: Sample Layout for Mobile Food
Vending in Parking Lots
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EXHIBIT G: Temporary Catering Authorization
A COVID-19 Temporary Catering Authorization allows the on-sale consumption of those alcoholic
beverages for which the licensee has on-sale privileges on property that is adjacent to the licensed
premises, that is under the control of the licensee, and where bona fide meals are being served.
The COVID-19 Temporary Catering Authorization Application (Form ABC-218 CV19) shall include:
1. A diagram of the currently licensed premises and the proposed temporary area, clearly
delineating the respective spaces;
2. An explanation of the licensee’s legal ability to control the proposed temporary area (e.g., the
licensee owns or rents the area, the local governing authority has authorized the licensee to use
the area for the service of meals and alcoholic beverages, or the licensee has another type of
permission to use it);
3. What temporary or fixed barriers or delineations will be utilized that will enable the licensee to
control the temporary area;
4. Whether the temporary area will be shared with any other person, whether or not a licensee,
and whether any other licensee will be permitting the consumption of alcohol in the area;
5. A statement that a copy of the application has been forwarded to the appropriate local law
enforcement agency;
6. A statement by the licensee that the temporary authorization is consistent with the terms
herein, as well as all state and local directives regarding the operation of an on-site food service;
and
7. A non-refundable application fee of $100.
Upon filing of the application and payment of the fee, the applicant may begin exercising retail privileges
in the temporarily authorized area. The authorization will be valid indefinitely, unless cancelled as
provided below.
The authorization may be cancelled as follows:
1. Upon the termination of this COVID-19 Temporary Catering Authorization program;
2. For any violation of the ABC Act, or for violation of applicable laws, rules, ordinances, and other
directives pertaining to business activities conducted on the premises and expanded area;
3. For disturbance of the quiet enjoyment of nearby residents;
4. Upon objection by local law enforcement;
5. If operation of the temporarily authorized area is inconsistent with State or local public health
directives, including social distancing directives or guidance; or
6. If in the discretion of the Department continuance of the temporary authorization will
negatively impact the public’s health, safety, or welfare.
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EXHIBIT H: Flyers and Other Resources
CITY OF SANTA ANA
Planning and Building Agency
20 Civic Center Plaza ● P.O. Box 1988
Santa Ana, California 92702
www.santa-ana.org/pba
NOTICE OF PUBLIC HEARING
BEFORE THE CITY COUNCIL OF THE CITY OF SANTA ANA, CA.
The City of Santa Ana encourages the public to participate in the decision-making process.
The following notice is being provided so that you can ask questions, make comments and
stay informed about projects that might be important to you. We encourage you to contact
us prior to the Public Hearing if you have any questions.
NOTICE IS HEREBY GIVEN - The City Council of the City of Santa Ana will hold a public hearing
to receive public testimony and will take action on the item described below.
Proposed Actions: (1) Adopt an ordinance approving Zoning Ordinance Amendment No. 2022-
04 relating to permit requirements and placement, development, and operational standards for
outdoor dining areas on private properties; and (2) Adopt an ordinance approving Zoning Ordinance
Amendment No. 2022-05 relating to permit requirements and operational standards for mobile food
trucks on private properties.
Environmental Impact: Pursuant to the California Environmental Quality Act (“CEQA”) and the
CEQA Guidelines, the adoption of these ordinances are exempt from CEQA review pursuant to
sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because these ordinances will not
result in a direct or reasonably foreseeable indirect physical change in the environment, as there is
no possibility these ordinances will have a significant effect on the environment and are not a
"project", as defined in Section 15378 of the CEQA Guidelines. As a result, a Notice of Exemption,
Environmental Review (ER) No. 2022-88 for ZOA No. 2022-04 and ER No. 2022-99 for ZOA No.
2022-05, will be filed upon adoption of these ordinances.
Meeting Time and Date: This matter will be heard on Tuesday, December 6, 2022, at 5:45
p.m. or thereafter in the City Council Chambers, 22 Civic Center Plaza, Santa Ana, CA 92701. All
interested persons can refer to the following link on the date of the meeting for more information and
instruction for participating in the meeting https://www.santa-ana.org/agendas-and-minutes/.
How To Make Comments: If you do not wish to appear at the public hearing, you may also
send your written comments to the Clerk of the Council, by mail to City of Santa Ana, 20 Civic Center
Plaza – M30, Santa Ana, CA 92701 or via e-mail at ecomments@santa-ana.org (reference “City
Council meeting”) by 12:00 p.m. on Monday, the day before the meeting; e-mails received after said
time will be on file for public viewing the day after the meeting.
Who To Contact For Questions: Should you have any questions, please contact the Planning
and Building Agency at (714) 667-2705 or you can send an email to ecomments@santa-ana.org.
Where To Get More Information - All staff reports regarding any item on this agenda are
available for public inspection in the Clerk of the Council Office during regular business hours and
posted on the City’s website the Tuesday before a Council meeting at: https://www.santa-
ana.org/agendas-and-minutes/.
Si tiene preguntas en español, favor de llamar al (714) 647-6520.
Nếu cần liên lạc bằng tiếng Việt, xin điện thoại cho Tony Lai số (714) 565-2627.
If you challenge the decision on the above matter, you may be limited to raising only those issues
you or someone else raised at the public hearing described in this notice, or in written
correspondence delivered to the City Council of the City of Santa Ana at, or prior to, the public
hearing.
Clerk of the Council
Publish Orange County Reporter - Legal Section;
Date: November 25, 2022