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Item 16 - Resolution Affirming the Local Enforcement to Enact Local Sidewalk Regulations
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03/07/2023 Special and Regular
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Item 16 - Resolution Affirming the Local Enforcement to Enact Local Sidewalk Regulations
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8/11/2023 9:30:49 AM
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Agenda Packet
Agency
Clerk of the Council
Item #
16
Date
3/7/2023
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Resolution No. 2023-XXX <br />Page 5 of 8 <br />a. Ordinance No. NS-1654 (1982), as amended and updated from time to time, <br />allowing and regulating home occupations through the home occupation <br />permit process, with continued compliance with Assembly Bill (AB) 1616, <br />the California Homemade Food Act of 2012, commonly referred to as the <br />“Cottage Food Law”; and <br />b. Ordinance No. NS-2133 (1991), as amended and updated from time to time, <br />allowing and regulating pushcarts to vend food on sidewalks in a safe and <br />responsible manor, the first of its kind in Orange County; and <br />c. Executive Order 5-2020 and City Council Resolution No. 2022-055, which <br />authorized outdoor dining in accordance with the “City of Santa Ana: Guide <br />for Outdoor Business Operations” and that allowed for mobile food vending <br />in certain city-owned parking lots; and <br />d. Ordinance No. NS-3033 (2022), allowing and regulating outdoor dining on <br />permanently private property, following the sunset of temporary COVID-19 <br />regulations allowing the same; and <br />e. Ordinance No. NS-3034 (2022), allowing and regulating mobile food trucks <br />on private property subject to certain standards for time, place, and manner; <br />and <br />WHEREAS, the progressive nature of these policies and programs have cultivated <br />a dynamic, local entrepreneurial climate and promote economic opportunities in the Santa <br />Ana community; and <br />WHEREAS, the presence of multiple disadvantaged, at-risk, and vulnerable <br />communities in Santa Ana, as identified by the General Plan Update of 2022, necessitates <br />the City’s obligation to ensure that food products, including freshly-prepared foods, is <br />safely produced and sold in a manner that does not exacerbate community health <br />concerns; and <br />WHEREAS, the Santa Ana community’s reduced access to healthcare and health <br />services through traditional policy coverage, access to medical clinics, medical <br />professionals, and treatment necessitates the City’s obligation to ensure that food <br />products, including freshly-prepared foods, is safely produced and sold; and <br />NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY <br />OF SANTA ANA AS FOLLOWS: <br />Section 1. The Recitals set forth above are true and correct. <br />Section 2. In accordance with the California Environmental Quality Act (CEQA), <br />the adoption of this Resolution is not considered a “project” as defined in Section 15378 <br />of the CEQA Guidelines and therefore is exempt from further review.
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