HomeMy WebLinkAbout1 - ZOA18-04_CITYWIDE10/8/18 - item carried
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LS 9.24.18
ORDINANCE NO. NS-XXXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SANTA ANA AMENDING VARIOUS SECTIONS OF
CHAPTER 41 (ZONING) OF THE SANTA ANA
MUNICIPAL CODE INCLUDING SECTIONS: 41-45, 41-
198.200 AND 41-1346 (CYBER CAFÉ STANDARDS),
41-199 (LAUNDROMAT STANDARDS), 41-765
(CONFORMANCE TO CITYWIDE DESIGN
GUIDELINES), 41-196 (ESTABLISHMENTS SELLING
ALCOHOLIC BEVERAGES), 41-194 AND 41-194.1
(ACCESSORY DWELLING UNITS), 41-1341 (DRIVE-
THROUGH STANDARDS) AND 41-766
(INTERPRETATION OF CHAPTER REGULATIONS) OF
THE SANTA ANA MUNICIPAL CODE
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds, determines
and declares as follows:
A. Various sections of Chapter 41 (Zoning) of the Santa Ana Municipal Code
(SAMC) have been revised periodically over the last several years to respond
to changes in development, to adopt new permitting procedures, and to
comply with changes to State and Federal laws. In a continuing effort to
establish high-quality development standards and to create a user-friendly
environment for residents and the business community within the City, the
Planning Division is proposing revisions to various sections of Chapter 41 of
the SAMC.
B. After a thorough analysis of the current code requirements in the City, staff
identified several sections of the code for amendments necessary to ensure
clear, uniform, and legally consistent regulations. The proposed amendments
will enable the City to implement a regulatory framework that protects the
health, safety and welfare of the City and limits undue strain on homeowners,
business operators and developers.
C. On September 24, 2018, the Planning Commission held a duly noticed public
hearing and voted to recommend that the City Council adopt Zoning
Ordinance Amendment No. 2018-04.
D. The City Council, on October 16, 2018, held a duly noticed public hearing on
this ordinance and has considered all testimony presented thereto.
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E. All provisions of the Santa Ana Municipal Code which are repeated herein are
repeated solely in order to comply with the provisions of section 418 of the
Charter of the City of Santa Ana. Any such restatement of existing provisions
of the Code is not intended, nor shall it be interpreted, as constituting a new
action of decision of the City Council, but rather such provisions are repeated
for tracking purposes only in conformance with the Charter.
Section 2. The proposed ordinance has been reviewed with respect to
applicability of the California Environmental Quality Act (“CEQA”) and the State CEQA
Guidelines (California Code of Regulations, Title 14, Section 15000 et seq.). The project
is exempt from CEQA as it can be seen with certainty that there is no impact on the
environment [Section 15061(b) (3)] and a Notice of Exemption will be filed upon
adoption of this ordinance.
Section 3. Section 41-45 (Cyber cafe) of Chapter 41 of the SAMC is hereby
amended to read as follows:
Sec. 41-45. – Cyber cafe.
Cyber cafe shall mean an establishment that provides more than six (6) four (4) or more
computers and/or other electronic devices for access to the Internet, e-mail, video
games or computer software programs which are networked (via LAN or WAN) or which
function as a client/server program, and which seeks compensation in any form from
users. Cyber cafe is synonymous with PC cafe, internet cafe or cyber centers, but does
not include a cyber learning centers as defined in Section 41-46. or recreational or
entertainment uses as defined in Section 41-142.
Section 4. Section 41-194 (Purpose) and Section 41-194.1 (Definitions) of
Chapter 41 of the SAMC are hereby amended to read as follows:
Sec. 41-194. – Accessory Dwelling Units – Purpose.
The purpose of this section is to provide reasonable regulations for the development of
accessory dwelling units on residentially zoned properties on lots developed or
proposed to be developed with single-family residential dwellings. Such regulations are
intended to mitigate potential impacts to neighborhoods and comply with the goals and
policies of the City's General Plan and comply with requirements codified in the State
Planning and Zoning Law related to accessory dwelling units in residential areas,
including California Government Code Section 65852.2.
Sec. 41-194.1. – Definitions.
As used in this section, the following words, terms or phrases have the following
meanings:
(1). “Attached accessory dwelling unit” means a residential unit that is
attached to or located within the living area of an existing primary dwelling
unit and that provides independent living, sleeping, eating, a single kitchen
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for cooking, and sanitation facilities for one (1) or more persons. An
attached accessory dwelling unit also includes an efficiency unit, as
defined in California Health and Safety Code Section 17958.1.
(2). "Detached accessory dwelling unit" means a residential dwelling unit that
is detached from the primary dwelling unit and that provides independent
living, sleeping, eating, a single kitchen for cooking, and sanitation
facilities for one (1) or more persons. A detached accessory dwelling unit
also includes an efficiency unit, as defined in California Health and Safety
Code Section 17958.1, and a manufactured home, as defined in Section
18007.
(3). "Existing accessory structure" means an accessory structure, as defined
in this chapter, that is fully enclosed and which was legally established
and existing prior to adoption of this ordinance.
(4). "Existing garage" means a building or portion of a building designed or
used for parking or storage of motor vehicles that was legally established
and existing prior to adoption of this ordinance.
(5). "Living area" is defined as the interior habitable area of a dwelling unit, but
not including a garage or any accessory structure.
(6). "Primary dwelling" means an existing single-family residential structure on
a single parcel with provisions for living, sleeping, eating, a single kitchen
for cooking, and sanitation facilities occupied and intended for one (1)
household.
Section 5. Section 41-196 (Establishments selling alcoholic beverages) of
Chapter 41 of the SAMC is hereby amended to read as follows:
Sec. 41-196. – Establishments selling alcoholic beverages.
(a) Conditional use permit required. 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. Prior to the public
hearing for the approval of said conditional use permit, the establishment
must be in compliance with all provisions of Chapter 41.
(b) Land use certificates for incidental alcohol sales. A land use certificate
may be issued pursuant to the requirements of Section 41-675 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:
(1) Club or lodge establishments where admittance is limited to
members and guests invited by members and where the sale of
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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) Alcohol storage and display area for off-sale establishments. No off-sale
establishment under ten thousand (10,000) square feet shall have a
combined alcohol storage and display area that exceeds five (5) per cent
of the gross floor area of the store area.
(d) Separation requirement for off-sale establishments under ten thousand
(10,000) square feet. No off-sale establishment may be granted a
conditional use permit for the sale of alcoholic beverages if any of the
following conditions apply:
(1) The proposed establishment is within one thousand (1,000) linear
feet of an existing off-sale alcohol license as measured from the
primary entrance of one (1) establishment to the primary entrance
of the other establishment.
(2) The proposed establishment is within one thousand (1,000) linear
feet of any property used as a school primarily attended by minors,
for a church or for park purposes as measured from the door of one
(1) establishment to the door of the other use(s).
(3) The proposed establishment is determined to be over concentrated
by the State Department of Alcohol Beverage Control as defined in
Business and Professions Code Section 23958.4.
(e) Finding of public convenience or necessity for off-sale establishments
under ten thousand (10,000) square feet located within an area of undue
concentration. If the proposed off-sale establishment is located within an
area deemed to have an undue concentration of off-sale alcohol licenses
pursuant to the State Department of Alcoholic Beverage Control, the city
may, at its discretion, prepare a letter of public convenience or necessity
to allow the alcohol license pursuant to the process contained in Section
41-645.5. However, the conditions in subsections (2) (1) and (3) (2) of
Section 41-196(d) may not be waived.
(f) Operational standards for off-sale establishments. The following
operational standards shall be included in the conditions of approval for
the conditional use permit required pursuant to Section 41-196:
(1) No alcoholic beverages shall be consumed on any property
adjacent to the licensed premises under the control of the licensee.
EXHIBIT 1
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(2) The applicant shall be responsible for maintaining free of litter the
area adjacent to the premises over which he has control.
(3) There shall be no exterior advertising of any kind or type, including
window signs or other signs visible from outside, promoting or
indicating the availability of alcoholic beverages on the premises.
(4) There shall be no coin-operated games maintained on the premises
at any time.
(5) All public telephones shall be located on the interior of the
premises.
(6) Any graffiti painted or marked upon the premises or on any
adjacent area under the control of the applicant shall be removed or
painted over within twenty-four (24) hours of being applied.
(7) The applicant shall post a placard prohibiting loitering, pursuant to
California Penal Code ("CPC") Section 602, on the exterior of the
premises.
(8) It shall be the applicant's responsibility to ensure that CPC Section
602 is complied with at all times that the premises are in operation.
(9) The applicant shall at all times utilize an age verification device for
all purchases of alcoholic beverages.
(10) The owner or manager of the licensed premises shall maintain on
the premises a written security policy and procedures manual, that
has been approved by the Police Department, addressing at a
minimum the following items; handling obviously intoxicated
persons; establishing a reasonable ratio of employees to patrons,
based upon activity level, in order to monitor beverage sales and
patron behavior; handling patrons involved in fighting, arguing or
loitering about the building and in the immediate adjacent area that
is owned, leased, rented or used under agreement by the
licensee(s); verifying age/checking identification of patrons; calling
the police regarding observed or reported criminal activity.
(11) If there is a marked or noticeable increase in the number of police-
related incidents on or near the premises, as such increase may be
determined by the Chief of Police, the applicant may be required to
provide state-licensed, uniformed security guards at a number
determined by the Chief of Police.
(12) All managers and employees selling alcoholic beverages shall
undergo and successfully complete a certified training program in
responsible methods and skills for selling alcoholic beverages. The
California Department of Alcoholic Beverage Control must approve
said training program. Records of each employee's successful
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completion of the certified training program required by this section
shall be maintained on the premises of the alcoholic beverage
outlet and shall be presented upon request by a representative of
the City of Santa Ana.
(13) Alcoholic beverages in containers of less than sixteen (16) ounces
cannot be sold by single containers, but must be sold in pre-
packaged multi-unit quantities.
(14) The sales of alcoholic beverages shall be permitted only between
the hours of 7:00 a.m. and 12:00/midnight each day of the week
unless otherwise modified by the granting of an after-hours
conditional use permit.
(15) Existing building and required parking must conform to the
provisions of Chapter 8, Article II, Division 3 of the Santa Ana
Municipal Code (building security ordinance). These code
conditions will require that the existing project lighting, door/window
locking devices and addressing be upgraded to current code
standards. Lighting standards cannot be located in required
landscape planters.
(16) Cash register must be visible from the street at all times and shall
not be obstructed at any time by temporary or permanent signage.
(17) Window displays must be kept to a minimum for maximum visibility
and shall not exceed twenty-five (25) per cent of window coverage.
(18) Window displays and racks must be kept to a maximum height of
three (3) feet including merchandise.
(19) A timed-access cash controller or drop safe must be installed.
(20) A silent armed robbery alarm must be installed and operable at all
times.
(21) Clearly distinguishable height markers shall be installed on the
inside door jamb of all doors used by the public to access the store.
Horizontal marks, one (1) inch wide by three (3) inch long, in
different colors, and in a contrasting color to the background, shall
be placed every six (6) inches beginning at five (5) feet and ending
at six (6) feet six (6) inches.
(22) No person under the age of twenty-one (21) shall sell or deliver
alcoholic beverages.
(23) Provide a closed circuit television system approved by the Police
Department and capable of viewing and recording events inside
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and outside the premises including the parking areas with a
resolution which will clearly identify individuals for later identification
as follows:
(a) A minimum of one (1) color camera at each cash register
that views the front of a customer, from the waist to the top
of the head.
(b) A minimum of one (1) color camera that views the full length
side of a customer at the cash register area.
(c) A color camera recorder capable of recording events on all
cameras simultaneously.
(d) A tape or disc storage library of recorded cameras kept for a
minimum of sixty (60) days.
(e) If video tape is used, tapes cannot be taped over more than
six (6) times.
(f) An audio recording component that will record sounds
occurring at the customer counter.
(g) An internet protocol (IP)-based system is required.
(24) It shall be the operator's responsibility to submit a shopping cart
containment plan pursuant to SAMC Section 33.210.
(25) The operator shall be responsible for obtaining all necessary
permits for building tenant and freestanding signs. This shall
include any window signs and temporary banners.
(g) Operational standards for on-sale establishments. The following
operational standards shall be included in the conditions of approval for
the conditional use permit required pursuant to Section 41-196(a).
(1) The premises shall at all times be maintained as a bona-fide eating
establishment as defined in Section 23038 of the California
Business and Professions Code and shall provide a menu
containing an assortment of foods normally offered. The premises
must have suitable kitchen facilities and supply an assortment of
foods commonly ordered at various hours of the day. Full and
complete meals must be served whenever the privileges of the on-
sale license are being exercised.
(2) There shall be no fixed bar or lounge area upon the premises
maintained for the sole purpose of sales, service or consumption of
alcoholic beverages directly to patrons. A fixed bar or lounge may
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be permitted if patrons may order food being offered to the general
patrons of the eating establishment.
(3) The sales, service, and consumption of alcoholic beverages shall
be permitted only between the hours of 7:00 a.m. and 12:00 a.m.
unless otherwise amended by the granting of a conditional use
permit for after-hours operations pursuant to Santa Ana Municipal
Code Chapter 41.
(4) It shall be the applicant's responsibility to ensure that no alcoholic
beverages are consumed on any property adjacent to the licensed
premises under the control of the applicant, with the exception of
any enclosed patio areas.
(5) The applicant or an employee of the licensee must be present to
monitor all areas of the establishment, including outdoor patios,
during all times that alcoholic beverages are being served or
consumed.
(6) All employees serving alcoholic beverages must complete
responsible beverage service training, or an equivalent approved
by the State Department of Alcoholic Beverage Control, prior to
being able to serve alcoholic beverages to patrons. Evidence of the
completion of such training must be maintained on the premises
and available for inspection upon request by the city.
(7) During those times when patrons are restricted to twenty-one (21)
years of age or older, the applicant shall at all times utilize an age
verification means or device for all purchases of alcoholic
beverages. Such verification of age is not intended to discriminate
against patrons based on race, ethnicity or legal status, but only to
comply with state law restricting the sale of alcohol to those twenty-
one (21) and older.
(8) Queuing lines shall be managed in an orderly manner and all
disruptive and/or intoxicated patrons shall be denied entry. The
business owner, or his designee, shall be responsible for
monitoring the queuing lines at all times.
(9) The outdoor queuing line shall not block public walkways or
obstruct the entry or exit doors of adjacent businesses. Stanchions
or barriers must be used to maintain order at all times the queue
exceeds twenty-five (25) patrons. All stanchions or barriers located
on public property must be approved by the public works agency.
(10) Employees and contract security personnel shall not consume any
alcoholic beverages during their work shift, except for product
sampling for purposes of employee education about new products.
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Under no circumstances may contract security personnel consume
alcoholic beverages during their work shift.
(11) There shall be no exterior advertising of any kind or type, including
window signs or other signs visible from outside, that promote or
indicate the availability of alcoholic beverages on the premises.
Interior displays of alcoholic beverages or signs, which are clearly
visible to the exterior, shall constitute a violation of this condition.
Permissible window displays must be kept to a minimum for
maximum visibility and shall not exceed twenty-five (25) per cent of
window coverage. Floor displays shall not exceed three (3) feet in
height.
(12) There shall be no promotions encouraging intoxication or drinking
contests or advertisements indicating "buy one (1) drink, get one (1)
free", "two (2) for the price of one (1)", or "all you can drink for..." or
similar language.
(13) Any pool tables, amusement machines or video games maintained
on the premises at any time must be reviewed and approved in a
security plan submitted to the Chief of Police.
(14) Live entertainment, including but not limited to, amplified music,
karaoke, performers and dancing, shall be subject to the issuance
of an entertainment permit pursuant to Santa Ana Municipal Code
("SAMC") Chapter 11 — Entertainment, and shall comply with all of
the standards contained therein. Notwithstanding this requirement,
music/noise shall not be audible beyond twenty (20) feet from the
exterior of the premises in any direction.
(15) Neither the applicant, nor any person or entity operating the
premises with the permission of the applicant, shall violate the city's
adult entertainment ordinance contained in SAMC Section 12-1 and
12-2.
(16) The premises shall not be operated as an adult entertainment
business as such term is defined in SAMC Section 41-1701.6.
(17) The applicant(s) shall be responsible for maintaining free of litter
the area adjacent to the premises under the control of the licensee.
(18) There shall be no public telephones located on the exterior of the
premises. All interior pay phones must be designed to allow
outgoing calls only.
(19) Any graffiti painted or marked upon the premises or on any
adjacent area under the control of the licensee(s) shall be removed
or painted within twenty-four (24) hours of being applied.
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(20) Existing bona fide eating establishment and required parking must
conform to the provisions of Chapter 8, Article II, Division 3 of the
Santa Ana Municipal Code (Building Security Ordinance). These
code conditions will require that the existing project lighting,
door/window locking devices and addressing be upgraded to
current code standards. Lighting standards cannot be located in
required landscape planters. Prior to issuance of letter of approval
to the Alcohol Beverage Control Board, this condition must be
complied with.
(21) A timed-access cash controller or drop safe must be installed.
(22) Install a silent armed robbery alarm.
(23) The owner or manager of the licensed premises shall maintain on
the premises a written security policy and procedures manual, that
has been approved by the police department, addressing at a
minimum the following items:
(a) Procedures for handling obviously intoxicated persons.
(b) The method for establishing a reasonable ratio of employees
to patrons, based upon activity level, in order to ensure
adequate staffing levels to monitor beverage sales and
patron behavior.
(c) Procedures for handling patrons involved in fighting, arguing
or loitering about the building, and/or in the immediate
adjacent area that is owned, leased, rented or used under
agreement by the licensee(s).
(d) Procedures for verifying the age of patrons for purposes of
alcohol sales.
(e) Procedures for ensuring that servers monitor patrons to
ensure that their drinking limit/potential intoxication is not
exceeded. This procedure should include a description of the
procedure the server would use to warn, or refuse to serve,
the patron.
(f) Procedures for calling the police regarding observed or
reported criminal activity.
(g) Procedures for management of queuing lines.
(h) The location and description of any video games proposed
to be on the premises.
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(24) The operator shall be responsible for submitting a detailed outdoor
fencing and dining plan where outdoor dining is proposed as part of
the business operation. If the proposed dining area or fencing is in
the public right of way, the applicant must obtain all required
permits and approvals from the public works agency.
(25) Combined alcohol storage and display areas shall not exceed five
(5) per cent of the gross floor area of the licensed establishment.
Section 6. Section 41-198.200 (Cyber Cafes) of Chapter 41 of the SAMC is
hereby amended to read as follows:
Sec. 41-198.200. – Cyber cafes.
Notwithstanding any other provisions of this chapter, cyber cafes may be conducted in
any C1, C2, C4, and C5 zones, provided they are carried on in accordance with the
limitations hereinafter set forth, and provided a ministerial land use certificate is first
obtained in accordance with Sections 41-675 through 41-677 of this Code. Cyber cafes
shall not be permitted in a special district or a specific plan unless explicitly set forth as
a permissible use.
(a) Operational Standards.
(1) Minors (under eighteen (18) years of age) shall not be permitted to
enter or remain in a cyber cafe during the following periods unless
accompanied by a parent or legal guardian:
a. Between 8:00 a.m. and 3:00 p.m., or after 10:00 p.m. on
Monday through Friday of each week;
b. Saturday and Sunday after 10:00 p.m.
c. The above weekday daytime hours of restriction shall not
apply to vacation days or school holidays as established by
any public school district or private school, kindergarten
through twelfth grade, operating within the city.
d. Notice of these hours of restriction for minors shall be
posted at the entrance in lettering of at least two (2) inches
in size.
(2) The cyber cafe shall not be open to customers, patrons or any
member of the public between the hours of 12:00 a.m. to 7:00
a.m.
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(3) "No loitering" signs shall be posted at the front and rear of the
business. In addition, a waiting area with not less than eight (8)
seats shall be provided for customers waiting to use a computer.
No outside waiting or seating area is permitted.
(4) No person shall be permitted to consume alcohol on the premises.
(5) Employees shall be at least twenty-one (21) years of age. There
shall be a minimum of one (1) employee managing the cyber cafe
during all working hours. If the business has more than thirty (30)
computers, the business is required to add one (1) additional
employee for every additional thirty (30) computers, or portion
thereof, and for every thirty (30) computers thereafter, or any
portion thereof. During each employee's working hours, the
employee shall wear a badge identifying the business and the
employee's full name.
(6) Occupancy shall not exceed that required under the California
Building Code and California Fire Code, and the maximum
occupancy load shall be posted at the main entrance.
(7) The establishment shall maintain and operate a camera/video
surveillance system with recording capability during all business
hours. The system shall cover the entire interior of the premises
and all entrances to and exits from the establishment. The
camera/video surveillance system shall be capable of delineating
on playback of the system the activity and physical features of
persons or areas within the premises.
a. Tapes/disks shall be kept a minimum of seventy-two (72)
hours.
b. The business owner shall permit the city to inspect the
tapes/disks during business hours. The system shall be
maintained in good working order, including the running of
the tape/disks.
c. A sign shall be posted inside and at the entrance to the
establishment indicating that the premises are under
camera/video surveillance.
(8) The business owner shall submit and receive approval of a fire
exit plan from Orange County Fire Authority (OCFA). The plan
shall address all existing requirements of the California Building
Code and California Fire Code. This includes, but is not limited to,
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providing an exiting plan showing equipment location, aisle
locations and dimensioned widths, and having approved exit doors
and panic hardware.
(9) Any adult entertainment business is prohibited unless specifically
approved pursuant to the requirements of Chapter 41, Article XVII
of this Code.
(10) Window areas shall not be covered or made opaque in any way.
All windows and entrances must be unobstructed at all times so
as to allow an unimpaired line of sight by a police officer.
(11) The business operator, at his/her expense shall provide a
California licensed uniform security guard on the premises
Monday through Friday between 4:00 p.m. and closing, and
Saturday through Sunday between 12:00 p.m. and closing.
a. The Chief of Police is authorized to require a specific
owner/operator to provide a security guard(s) on the
premises at other hours of the day in the event that there
are significant calls for service relating to assaults, gang
related activity, weapons offenses, disturbances, and
juvenile related crime, including truancy, or other good
cause.
b. Any decision of the Chief of Police may be appealed to the
City Council. Any appeal shall be made within ten (10)
calendar days following the date of the decision by the
Chief of Police. Further, such appeal period shall end at
5:00 p.m. on the tenth calendar day following such date of
the written decision by the Chief of Police. If such tenth
calendar day ends on a Saturday, Sunday or holiday, the
ten-day period shall end at 5:00 p.m. on the next regular
business day.
c. All appeals shall be in writing and on forms provided by the
Planning and Building Agency and shall specify wherein
there was any error of decision or requirement by the Chief
of Police. Furthermore, a copy of such appeal shall be filed
with the Planning Division and the Clerk of the Council.
d. Upon receipt of such appeal, the Planning Division shall set
the matter for hearing by the City Council.
e. The City Council may, after public hearing, affirm, reverse,
change, or modify the original decision and may make any
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additional determination it shall consider appropriate within
the limitations imposed by this chapter. Such decision shall
be filed with the Clerk of the Council, and the Planning
Division; one (1) copy thereof shall be sent to the applicant.
(12) Lighting levels on the premises within sixty (60) feet of the use
and in all required parking areas shall be maintained at a
minimum one (1) foot-candle of light. Interior lighting shall be at
maintained at a minimum of thirty (30) foot-candles of light.
(13) No exterior pay phones shall be permitted.
(14) No pool tables or other amusement devices not directly related to
Internet computer devices shall be permitted.
(15) No gaming tournaments for cash prizes shall be permitted.
(16) Booths, stalls, or partitioned portions of a room shall have at least
one side open to an adjacent public area or aisle so that the area
inside the booth, stall or partitioned portion of a room is visible to
persons in the adjacent public area or aisle and shall not exceed
four (4) feet in height. The side open to the public area or aisle shall
not have a door, curtain or other device capable of blocking visibility
into the interior of the booth, stall or partitioned portion of a room.
(17) Under no circumstances shall computers, electronic game
machines and other devices, be used for illegal gaming or
gambling. Illegal gaming or gambling includes, without limitation,
computer contests or sweepstakes games deemed to be gambling
under statute or case law. The business operator shall be
responsible for ensuring customers do not use any electronic game
machine or device for illegal gaming or gambling.
(18) Adequate trash receptacles both inside and outside the
establishment shall be provided. The business operator shall keep
the outside of the business establishment, including the parking lot,
free of litter, trash and debris at all times.
(19) The Planning Division shall be notified, in writing, of any changes to
the business location, floor plan and/or business name at least
thirty (30) days prior to such changes.
(b) Abatement of Nuisance. Any cyber café operated, conducted or
maintained contrary to the provisions of this section shall be and hereby is
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declared to be unlawful and a public nuisance, and the City may, in
addition to or in lieu of any other remedy, commence an action or
proceeding for the abatement, removal or enjoining thereof, and may take
such other steps and may apply to such court or courts as may have
jurisdiction to grant such relief to abate or remove such establishment and
restrain and enjoin any person from operating, conducting or maintaining a
cyber cafe contrary to the provisions of this code.
(c) Penalty. It is unlawful for any person to violate any provision or to fail to
comply with any of the requirements of this section. Any person violating,
permitting or causing the violation of this section shall be deemed guilty of
a misdemeanor and upon conviction thereof shall be punished as set forth
in Chapter 1.10 of this code, or any successor provision thereto. Each
person shall be deemed guilty of a separate offense for each and every
day, or any portion thereof, during which any violation of any provision of
this section is committed, continued or permitted by such person and shall
be deemed punishable therefor as provided in this section. As an
alternative enforcement method, violations of this section may be
addressed through the use of an administrative citation as set forth in
Sections 1-21.1 through 1-21.9 of this code.
Section. 7 Section 41-199 (Laundromats) of Chapter 41 of the SAMC is
hereby amended to read as follows:
Section 41-199. – Laundromats.
Laundromats may be permitted in the C1, C2, C4 and C5 districts subject to the
issuance of a conditional use permit. Laundromats are not permitted in any other use
district unless explicitly set forth as a permissible use. Laundromats shall comply with
the following development and performance operational standards:
(a) Minors (under eighteen (18) years of age) shall not be permitted to enter
or remain in a cyber cafe during the following periods unless
accompanied by a parent or legal guardian:
(1) Between 8:00 a.m. and 3:00 p.m., or after 10:00 p.m. on Monday
through Friday of each week;
(2) Saturday and Sunday after 10:00 p.m.
(3) The above weekday daytime hours of restriction shall not apply to
vacation days or school holidays as established by any public
school district or private school, kindergarten through twelfth
grade, operating within the city.
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(4) Notice of these hours of restriction for minors shall be posted at
the entrance in lettering of at least two (2) inches in size.
(b) The cyber cafe shall not be open to customers, patrons or any member
of the public between the hours of 12:00 a.m. to 7:00 a.m.
(c) "No loitering" signs shall be posted at the front and rear of the business.
In addition, a waiting area with not less than eight (8) seats shall be
provided for customers waiting to use a computer. No outside waiting or
seating area is permitted.
(d) No person shall be permitted to consume alcohol on the premises.
(e) Employees shall be at least twenty-one (21) years of age. There shall be
a minimum of one (1) employee managing the cyber cafe during all
working hours. If the business has more than thirty (30) computers, the
business is required to add one (1) additional employee for every
additional thirty (30) computers, or portion thereof, and for every thirty
(30) computers thereafter, or any portion thereof. During each
employee's working hours, the employee shall wear a badge identifying
the business and the employee's full name.
(f) Occupancy shall not exceed that required under the uniform building
code and uniform fire code, and the maximum occupancy load shall be
posted at the main entrance.
(g) The establishment shall maintain and operate a camera/video
surveillance system with recording capability during all business hours.
The system shall cover the entire interior of the premises and all
entrances to and exits from the establishment. The camera/video
surveillance system shall be capable of delineating on playback of the
system the activity and physical features of persons or areas within the
premises.
(5) Tapes/disks shall be kept a minimum of seventy-two (72) hours.
(6) The business owner shall permit the city to inspect the tapes/disks
during business hours. The system shall be maintained in good
working order, including the running of the tape/disks.
(7) A sign shall be posted inside and at the entrance to the
establishment indicating that the premises are under
camera/video surveillance.
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(h) The business owner shall submit and receive approval of a fire exit plan
from the city's fire department. The plan shall address all existing
requirements of the uniform building code and uniform fire code. This
includes, but is not limited to, providing an exiting plan showing
equipment location, aisle locations and dimensioned widths, and having
approved exit doors and panic hardware.
(i) Any adult entertainment business is prohibited unless specifically
approved pursuant to the requirements of Chapter 41, Article XVII of this
Code.
(j) Window areas shall not be covered or made opaque in any way. All
windows and entrances must be unobstructed at all times so as to allow
an unimpaired line of sight by a police officer.
(k) The business operator, at his/her expense shall provide a California
licensed uniform security guard on the premises Monday through Friday
between 4:00 p.m. and closing, and Saturday through Sunday between
12:00 p.m. and closing.
(8) The chief of police is authorized to require a specific
owner/operator to provide a security guard(s) on the premises at
other hours of the day in the event that there are significant calls
for service relating to assaults, gang related activity, weapons
offenses, disturbances, and juvenile related crime, including
truancy, or other good cause.
(9) Any decision of the chief of police may be appealed to the city
council. Any appeal shall be made within ten (10) calendar days
following the date of the decision by the chief of police. Further,
such appeal period shall end at 5:00 p.m. on the tenth calendar
day following such date of the written decision by the chief of
police. If such tenth calendar day ends on a Saturday, Sunday or
holiday, the ten-day period shall end at 5:00 p.m. on the next
regular business day.
(10) All appeals shall be in writing and on forms provided by the
planning department and shall specify wherein there was any
error of decision or requirement by the chief of police.
Furthermore, a copy of such appeal shall be filed with the planning
department and the clerk of the council.
(11) Upon receipt of such appeal, the planning department shall set the
matter for hearing by the city council.
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(12) The city council may, after public hearing, affirm, reverse, change,
or modify the original decision and may make any additional
determination it shall consider appropriate within the limitations
imposed by this chapter. Such decision shall be filed with the clerk
of the council, and the planning department; one (1) copy thereof
shall be sent to the applicant.
(l) Lighting levels on the premises within sixty (60) feet of the use and in all
required parking areas shall be maintained at a minimum one (1) foot-
candle of light. Interior lighting shall be at maintained at a minimum of
thirty (30) foot-candles of light.
(m) No exterior pay phones shall be permitted.
(n) No pool tables or other amusement devices not directly related to
Internet computer devices shall be permitted.
(o) No gaming tournaments for cash prizes shall be permitted.
(a) Storefront windows shall be of full-length type. The vertical plane of the
glazing shall extend from the top of the floor or bulkhead to the top of the
finished ceiling height. Bulkheads, if provided, shall be a maximum of one
(1) foot in height above the finished floor level. The horizontal plane shall
extend completely across the storefront except where shear panels are
required by the Building code.
(b) Glazing material must be approved by the Planning Division and the
Police Department for color and tint. Tint must not exceed ten (10)
percent. Reflective glass is not permitted.
(c) Interior lighting must be approved by the Police Department. The minimum
level shall be one (1) foot-candle per Santa Ana Municipal Code.
(d) All service counters, seating areas, service sinks and coin-operated
dispenser machines must not create an obstructed view of the entire
interior assembly space. No displays, posters or other obstructive material
shall be installed on or near the storefront windows.
(e) No public telephones shall be located within the laundromat.
(f) No electronic video games, billiard games or other gaming devices shall
be allowed within the laundromat.
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(g) No laundromat use may be initiated within three hundred (300) feet of any
individual tenant space having more than five (5) percent of its floor area
used for electronic video games or other gaming devices.
(h) Public restrooms shall be locked at all times and available only through
the request of the attendant on duty.
(i) Service corridors shall be locked during all normal business hours.
Storage/access doors shall be one and three-quarter (1 ¾) inches thick
and secured with an approved dead bolt and non-removable hinge pins.
(j) Rear exits are prohibited unless required by either the California Building
Code or the California Fire Code. When required, rear exit doors shall be
kept in a locked closed position and shall have panic hardware.
(k) Hours of operation shall be restricted to 7:00 a.m. to 10:00 p.m.
(l) A sign prohibiting loitering on the premises in accordance with Section 10-
96 of this code shall be kept posted on the premises at all times.
(m) The exterior parking area must be illuminated to a minimum of one (1)
foot-candle for sixty (60) feet horizontally in all directions from the
laundromat tenant space.
(n) One (1) employee shall be present during the hours of operation.
Section 8. Section 41-765 (Approval of building permits) of Chapter 41 of the
SAMC is hereby amended to read as follows:
Sec. 41-765. – Approval of building permits.
Each application for a building permit shall be referred to the Planning Department
Division whereupon such application shall be approved or disapproved by the Planning
Manager or his or her designee as to conformance with the provisions of this chapter
and with applicable design guidelines as adopted by City Council and amended from
time to time. No building permit shall be issued until such application has been
approved by the Planning Division department. However, the issuance of a building
permit under this chapter or any other provisions of this code shall not be deemed or
construed to permit or authorize any violation of any provisions of this chapter, or any
other ordinance or law of the city.
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Section 9. Section 41-766 (Interpretation of chapter) of Chapter 41 of the
SAMC is hereby amended to read as follows:
Sec. 41-766. – Interpretation of chapter regulations.
The Planning Manager shall have the responsibility and authority to interpret the
meaning and applicability of all provisions and requirements of this Chapter. In
interpreting and applying the provisions of this Chapter, they shall be held to be the
minimum requirements for the promotion of the public safety, health, convenience,
comfort and general welfare. Whenever the Planning Manager determines that the
meaning or applicability of any of the requirements of this Chapter are subject to
interpretation generally, or as applied to a specific case, the Planning Manager may
issue an official interpretation or refer the question to the Planning Commission for
determination. If ambiguity arises concerning the appropriate classification of a
particular use or regulation within the meaning and intent of this Chapter with respect to
any matters regulated by this Chapter based on established or unforeseen
circumstances, including technological changes in processing or application of
materials, the Planning Manager shall have the power to interpret the regulation based
on understanding of this Chapter. Applicants may appeal the Planning Manager’s
interpretation to the Planning Commission for review and interpretation, which shall be
final; thereafter, such interpretation shall govern.
Section 10. 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.
(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.
(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 first to the menu board; and to the order point,
and eighty (80) feet from the order point or menu board to the beginning of
the drive-through lane. to the end of the drive-through lane. Such stacking
lanes shall be located so that they do not serve as entries to parking
spaces.
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Section 11. Section 41-1346 (Reserved) of Chapter 41 of the SAMC is hereby
amended to read as follow:
Sec. 41-1346. – Reserved Cyber cafes.
The minimum off-street parking requirements for cyber cafes are as follows: eight (8)
spaces for each one (1,000) square feet of gross floor area.
Section 12. If any section, subsection, sentence, clause, phrase or portion of
this ordinance 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.
ADOPTED this ______ day of ______________, 2018.
_______________________
Miguel A. Pulido
Mayor
APPROVED AS TO FORM:
Sonia R. Carvalho
City Attorney
By:________________________
Lisa Storck
Assistant City Attorney
AYES: Councilmembers __________________________________
NOES: Councilmembers __________________________________
ABSTAIN: Councilmembers __________________________________
NOT PRESENT: Councilmembers __________________________________
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CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify that the
attached Ordinance No. NS-XXX to be the original ordinance adopted by the City
Council of the City of Santa Ana on _______________, 2018 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
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