HomeMy WebLinkAboutNS-2334 - Changing Various Sections of the Santa Ana Municipal Code Regarding the Processing of Alcoholic Beverage Control LicensesORDINANCE NO. NS-2334
AN ORDINANCE OF THE CITY OF SANTA ANA
CHANGING VARIOUS SECTIONS OF THE SANTA
ANA MUNICIPAL CODE REGARDING THE
PROCESSING OF ALCOHOLIC BEVERAGE CONTROL
LICENSES
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS
FOLLOWS:
SECTION 1: That the Santa Ana Municipal Code is hereby
amended by adding a section, to be numbered 41-132, which said
section reads as follows:
Sec. 4L-~32 Overooncentration of alcohol licenses
Overconcentration of off-premise alcohol beverage control
licenses for markets less than 20,000 square feet shall be defined
as:
(1)
any off-premise license within 1,000 feet of another off-
premise license, excluding markets over 20,000 square
feet;
(2)
any off-premise license within 1,000 feet of any property
used as a school primarily attended by minors, for a
church or for park purposes;
(3) any application for a location that is determined to be
overconcentrated by the State Department of Alcohol
Beverage Control.
SECTION 2: That Santa Ana Municipal Code Section 41-196 is
hereby amended to read as follows:
Seo. 4L-~96. Establishments selling alcoholic beverages.
(a) Except as provided in subsection (b), no establishment may
sell alcoholic beverages for either on-site or off-site consumption
unless a conditional use permit has been approved for such
establishment pursuant to Article V of this chapter.
(b) A conditional use permit shall not be required for any
establishment for which a land use certificate has been issued
pursuant to sections 41-675 through 41-677. A land use certificate
shall be issued for an establishment which serves alcoholic
beverages for either on-site or off-site consumption only if the
establishment falls within one (1) of the following categories:
03Z ORD NA C S-2334
(1)
Club or lodge establishments where admittance is limited
to members and guests invited by members and where the
sale of alcoholic beverages is clearly incidental to
other activities conducted on the premises.
(2) Florists shops offering the sale of a bottle of an
alcoholic beverage together with a floral arrangement.
(c) Prior to the approval of a land use certificate for
alcoholic beverage control license requests the Zoning
Administrator and Planning Commission must approve the preparation
of a letter of public convenience and necessity by the City
Attorney where applicable.
SECTION 3: That Santa Ana Municipal Code Section 41-632 is
hereby amended to read as follows:
Bec. 41-632.
Conditional use permit, variance and
exception applications-Initiation, scope.
(a)
article,
(1)
(2)
(3)
(a)
minor
In accordance with the procedures outlined in this
application may be made for:
Conditional use permit for a specific use of land or
buildings in a land use district wherein such use may be
so conditionally permitted.
Variance to use land or buildings in a manner at variance
with the provisions of this chapter.
Minor exception to obtain a waiver or modification of
those zoning provisions which pertain to the following:
Lineal dimensions of yards. Modifications granted shall
not exceed by more than twenty (20) per cent the minimum
requirements.
(b) Separation between buildings and other structures.
Modifications granted shall not exceed by more than fifty
(50) per cent the minimum requirement.
(c) Lot coverage. Modifications granted shall not exceed by
more than twenty (20) per cent the maximum coverage
permitted.
(d) Height of buildings. Modifications granted shall not
exceed by more than twenty-five (25) per cent the maximum
height permitted.
(e) Signs. Area modifications granted shall not exceed by
more than twenty (20) per cent the maximum area
permitted.
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ORDINANCE NS-2334 033
(f) Setback and future right-of-way lines.
(g)
Off-street parking. Modifications granted for reductions
in required number of stalls shall not exceed by more
than twenty (20) per cent the minimum ordinance
requirement.
(h)
Operational standards. Modifications granted may include
minor exceptions to screening and landscape requirements
but shall not include exceptions to provisions pertaining
to uses permitted in the open.
(i) Walls and fences.
(J)
Any other regulation that the planning commission may
from time to time declare.
SECTION 4: That Santa Ana Municipal Code Section 41-645.5 is
hereby amended to read as follows:
Bec. 41-645.5. Same-preparation of a letter of public convenience
and necessity, variances for overconcentration of
off-premise liquor licenses for markets less than
20,000 square feet, conditional use permits for the
sale of alcoholic beverages and for laundromats.
(a) Notwithstanding any other provision of this article, and
subject to subsection (b) of this section, the decision of the
planning commission on any application for the preparation of a
letter of public convenience and necessity, variances for
overconcentration of off-premise liquor licenses for markets less
than 20,000 square feet,or a conditional use permit for the sale of
alcoholic beverages pursuant to section 41-196 or for a laundromat
shall be final and shall not be subject to appeal to the city
council.
(b) Within two (2) days following the date of a planning
commission decision on the preparation of a letter of public
convenience and necessity, variances for overconcentration of off-
premise liquor licenses for markets less than 20,000 square feet,
a conditional use permit for the sale of alcoholic beverages or for
a laundromat, the planning manager shall send a written report of
such decision to the members of the city council. If, within
twenty-one (21) days following the date of such a planning
commission decision, the city council sets the matter for public
hearing, then the decision of the planning commission shall be
vacated and the decision regarding preparation of a letter of
public convenience and necessity, variance or conditional use
permit application shall be heard and decided by the city council.
034 ORDINANCE NS-2334
(c) In the event that authority to grant or deny preparation
of a letter of public con~enience~ and necessity, variances for
overconcentration of off-premise liquor licenses for markets less
than 20,000 square feet, conditional use permits for the sale of
alcoholic beverages or for laundromats is delegated to the zoning
administrator pursuant to section 41-630(b), then, with regard to
any such preparation of a letter of public convenience and
necessity, variance or conditional use permit, the hearing
referenced in section 61-643 shall be by the planning commission
rather than the city council, and an appeal from the decision of
the zoning administrator pursuant to section 41-645 shall be to the
planning commission rather than the city council.
SECTION 5: That Santa Ana Municipal Code Section 41-647 is
hereby amended to read as follows:~
Beo. 41-647.
Utilizing conditional use permits, variances, minor
exceptions; time limits, extensions.
A conditional use permit, variance or minor exception shall
not be deemed valid until all of the conditions as approved by the
Zoning Administrator, Planning Commission and/or City Council have
been complied with and released by the Planning Manager. A
conditional use permit, variance or minor exception approved in
accordance with the procedures and considerations as provided in
this article, shall automatically become void after two (2) years
from the effective date of such approval when the owner fails to
institute an action to erect, build, alter, move or maintain the
use of the property as specified in the terms and conditions of the
conditional use permit, variance or minor exception; however, at
the initialhearing the planning commission or zoning administrator
may provide, by appropriate condition of approval, for extensions
of time beyond the two-year period. Furthermore, the city council
may, by resolution, extend the date On which a conditional use
permit, variance or minor exception becomes void for a period or
periods not exceeding three years in total beyond the date it would
otherwise become void.
Acceptable action shall be considered to be actual construc-
tion, alteration, repairs and use of structures and land. Prepara-
tion of plans, financial negotiations, estate settlements, or
change of property owners are not considered sufficient evidence of
an action.
SECTION 6: That the Santa Ana Municipal Code
amended by adding a section, to be numbered 41-647.5,
section reads as follows:
is hereby
which said
Section 41-647.5
Violation of conditions of conditional use
permits, variances and minor exceptions.
(a) Failure to comply with any condition of a conditional use
4
ORDINANCE N$-2334 035
(b)
permit, variance or minor exception as approved by the
Zoning Administrator, Planning Commission and/or City
Council is a misdemeanor.. ~
Failure to maintain any condition of a conditional use
permit, variance or minor exception as approved by the
Zoning Administrator, Planning Commission and/or city
Council is a misdemeanor.
SECTION 7: That Santa Ana Municipal Code Section 41-675 is
hereby amended to read as follows:
Bec. 41-675. Land use certificates.
Whenever a land use certificate is required for any use or
activity by the provisions of this chapter, the procedures for
issuance of such land use certificate shall be as follows:
(a)
Applications for a land use certificate shall be filed by
the applicant with the director of planning and
development services on such forms as may be provided by
the director and shall be accompanied by such filing fee
as may be set by resolution of the city council. The
application shall provide such information and
documentation as the director shall, by departmental
regulation, determine to be appropriate.
(b)
The director of planning and development services shall
issue the land use certificate if he determines that the
use or activity will be conducted in accordance with the
applicable requirements specified in this chapter;
otherwise, he shall deny the land use certificate. The
land use certificate, if granted, shall specifically
identify the grantee and the nature and location of the
use or activity to be permitted, and the limitations
imposed by this chapter on such use or activity. In the
event that the use or activity is one which is limited by
the provisions of this chapter to a maximum number of
days per period of time, the land use certificate may
designate the dates on which such use or activity is
permitted.
(c) See Sec. 41-196 for land use certificate ABC license
requests.
SECTION 8: 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,
5
036 ORDINANCE NS-2334
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 9: Neither the adoption of this ordinance nor the
repeal hereby of any ordinance shall in any manner affect the
prosecution for violation of ordinances, which violations were
committed prior to the effective date hereof, nor be construed as
affecting any of the provisions of such ordinance relating to the
collection of any such license or penalty or the penal provision
applicable to any violation thereof, nor to affect the validity of
any bond or cash deposit in lieu thereof, required to be posted,
filed or deposited pursuant to any ordinance and all rights and
obligations thereunder appertaining shall continue in full force
and effect ....
ADOPTED this
ATTEST:
3rd
ice C. GUy .
~Cl~e~'k of the C~unc~
day of November , 1997.
guel A/. Pulido
yor
COL~CILMEMBERS:
Pulido Aye
Richardson ~¥e
Espinoza Aye
Franklin Ave
Lutz Absent
McGuigan Aye
Moreno Ave
AP~VED AS TO FORM:
6
037
CERTI~CATE OF ORIGINALITY & PUBLICATION
State of California
County of Orange
I, JANICE C. GUY, Clerk of the Council, do hereby certify the attached Ordinance No.
d]S- ,x9 ~,~ ~ to be the original ordinance adopted by the City Council of the City of Santa
Am on //- ~ - ~ 7 ; and that said ordinance was published in accordance with the Charter
of the City of Santa Ana.
Date: ///'-~ / q 7'
Clerk of the/Co~fl~r'~
City of Santa Aha '