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Home My WebLink AboutNS-2383 - Amending Santa Ana Municipal Code Article VI Section 33-173, Section 33-174...ORDINANCENO. NS- 2 38 3 AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING SANTA ANA MUNICIPAL CODE ARTICLE VI SECTION 33- 173, SECTION 33-174 AND SECTION 33-175 OUTDOOR DINING AREAS IN THE PUBLIC RIGHT-OF-WAY. WHEREAS, on May 14, 1998, the City Council adopted an amendment to Santa Ana Municipal Code chapter 33 to allow outdoor dining in the public right-of-way; and WHEREAS, in implementing the program, the Public Works Agency has found that certain modificationsto the chapter are necessary to improve the process. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA ANA HEREBY ORDAINS AS FOLLOWS: SECTION 1: That Section 33-173 of the Santa Ana Municipal Code is amended to read as follows: Sec. 33-173. License-Fees. (a) Upon approval of an application for a new license, a one time nonrefundable license fee for each outdoor dining area, in an amount established by resolution of the city council, shall be submitted. Each new license issued shall expire one year from the date of issuance. (b) The license holder may renew the license, subject to an annual renewal fee. Each license may be renewed, provided: (1) a renewal application is filed at least 30 days prior to the expiration date of the existing license; (2) an annual renewal fee, as established by resolution of the city council, is paid; (3) all past due fees, as established by resolution of the city council, are paid; and (4) the license holder has complied with all provisions of this Code. SECTION 2: That Section 33-174 of the Santa Ana Municipal Code is amended to read as follows: Sec. 33-174. License-Indemnity; insurance, security. Prior to issuance of any license under this article, each applicant shall: (a) Enter into a license agreement, representing, stipulating, contracting and agreeing that such applicant will indemnify, defend and hold the City of Santa Ana and its officers, agents, volunteers and employees harmless against liability for any and all claims for damage to property, or injury to, or death of persons arising out of or resulting from the issuance of the license or the placement of outdoor dining areas. A new license agreement is not required with each renewal application. (b) Obtain and file with the clerk of the council, and thereafter maintain during the term of any such license: (i) a comprehensive general liability insurance policy or policies, approved as to form by the city attorney, issued by an insurance company or companies authorized to do business in the State of California. The City of Santa Ana, its officers, agents, volunteers and employees shall be named as additional insureds on said policy or policies. The policy limits of said insurance policy or policies shall be not less than one million dollars ($1,000,000.00) combined single limit for both bodily injury and property damage, or equivalent; (ii) workers' compensation as required by the Labor Code of the State of California and employers' liability insurance with a limit of one million dollars ($1,000,000.00) per accident. (iii) property insurance for all Licensee's contents, inventory, equipment, and for any improvements or betterments made by Licensee to the outdoor dining area. The executive director of the public works agency may increase the dollar amount of coverage required under any of the polices described above, upon prior written notice to the license holder. (c) A cash deposit or letter of credit, issued by a financial institution and in a form acceptable to the public works agency and the city attorney's office, in the amount of one thousand dollars ($1,000.00) per outdoor dining area shall be posted by the license holder to insure proper site restoration. SECTION 3: That Section 33-175 of the Santa Ana Municipal Code is amended to read as follows: Sec. 33-175. Same- Denial or revocation. (a) The application for an outdoor dining area license shall be denied if it is found by the executive director of the public works agency or his designee that the maintenance of area would tend to obstruct passage along any public street, or to create a hazard, or would otherwise be detrimental to the public safety, welfare or convenience. (b) Any license may be revoked or renewal thereof denied by the executive director of the public works agency or his designee for any violation of any of the provisions of this article, for any fraud or misrepresentation in the application, violation of any other chapter of this Code, failure to comply with the standards for outdoor dining areas as specified in section 33-176 of this Code, criminal activity, adverse impacts on or to adjacent land uses, or for any reason which would have been grounds for denial of the application. (c) The application shall be denied if the applicant fails to deposit the license fee and accept the license within thirty (30) days after notice of the approval of the application by the executive director of the public works agency or his designee. (d) Any license issued under this article shall be canceled and revoked if the license holder fails to install and use the outdoor dining area within ninety (90) days after the date of issuance of such license. (e) If the owner, tenant or person in lawful possession or control of the property abutting the street at the place where the outdoor dining area is to be located gives written notice of objection to such location to the executive director of the public works agency or his designee at any time before issuance of the license that maintenance of the outdoor dining area would tend to obstruct passage along any public street, or to create a hazard, or would otherwise be detrimental to the public safety, welfare or convenience, the executive director of the public works agency or his designee shall consider such notice in making the determination pursuant to subsection (a), above. If such written notice is received by the executive director of the public works agency or his designee after the date of issuance of the license, the license shall not be revoked but renewal thereof shall be denied on the next renewal date if the executive director of the public works agency or his designee finds in accordance with subsection (a), above. Any such denial or revocation of any license shall be subject to review upon filing of a timely appeal pursuant to the provisions of Chapter 3 of this Code. (f) Any license issued under this article may be revoked for failure to pay the business license tax as required by this Code. (g) Notwithstanding the above, the executive director of the public works agency or his designee retains the right to revoke the license, at will, upon 30 days written notice to the license holder. SECTION 4: Except as hereinabove amended, the provisions of Article VI of the Santa Ana Municipal Code shall remain in full force and effect. SECTION 5: 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 6: 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: 5 th day of i~e C. Guy - C~lerk of the Council April 1999. COUNCILMEMBERS: Pulido Aye Lutz Aye Bist Aye Christy Aye McGuigan Aye Franklin Aye Moreno Ay~ APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney Cristine L. Shaw Deputy City Attorney CERTIFICATE OF ORIGINALITY & PUBLICATION I, JANICE C. GUY, Clerk of the Council, do hereby certify the attached Ordinance No. /YS' ~3~'B to be the original ordinance adopted by the City Council of the City of Santa Ana on - / ; ~and that said ordinance was published in accordance with the Charter of the Date: iitit er?~ Of the COuncil y of Santa Ana