Item 08 - ZONING ORDINANCE AMENDMENT NO. 2022-04

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Ordinance No. NS-XXXX Page 10 of 12 (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. 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.