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HomeMy WebLinkAbout75A - PUBLIC HEARING ZONING NO 2020-01 AMEND CH 41REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 7, 2020 TITLE: PUBLIC HEARING — ZONING ORDINANCE AMENDMENT NO. 2020-01 TO AMEND SEVERAL SECTIONS OF CHAPTER 41 (ZONING) OF THE SANTA ANA MUNICIPAL CODE CLERK OF COUNCIL USE ONLY: FWA NN1.10DI0W ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO /s/ Kristine Ridge FILE NUMBER CITY MANAGER RECOMMENDED ACTION Adopt an ordinance approving Zoning Ordinance Amendment (ZOA) No. 2020-01 to amend several sections of Chapter 41 (Zoning) of the Santa Ana Municipal Code (SAMC) relating to development process streamlining and the updating of development standards. PLANNING COMMISSION ACTION At its regular meeting on February 24, 2020, the Planning Commission voted 7:0 to recommend that the City Council approve Zoning Ordinance Amendment (ZOA) No. 2020-01 to amend several sections of Chapter 41 (Zoning) of the Santa Ana Municipal Code (SAMC) relating to development process streamlining and the updating of development standards. PROJECT DESCRIPTION AND ANALYSIS In 2017, the City began a series of zoning code revisions intended to streamline the development process and update outdated development standards. The proposed amendments included in Zoning Ordinance Amendment (ZOA) No. 2020-01 are a continuation of that effort. The proposed amendments are intended to correct typos, clarify ambiguity in the zoning code, and update uses permitted in the Professional (P) zoning district to address current development and economic trends. All of the proposed amendments, apart from the proposed change to the Professional (P) zoning district, are non -substantive and are intended to correct minor provisions related to the above subjects. The proposed amendment to the Professional (P) zoning district to allow parking lots and parking structures subject to a conditional use permit (CUP) is intended to provide additional land use options and facilitate competitive professional and administrative office employment centers with convenient access to parking. Moreover, any potential negative impacts of such a use will be mitigated through development standards, which are also part of the proposed amendments, and through CUP conditions of approval on a site -by -site basis. 75A-1 Zoning Ordinance Amendment No. 2020-01 April 7, 2020 Page 2 At its February 24, 2020 meeting, the Planning Commission voted to recommend that the City Council approve the proposed amendments relating to development process streamlining and updating development standards, but determined that proposed amendments to Specific Development No. 19 (SD-19) and Specific Development No. 40 (SD-40) zoning districts should be furthered studied and analyzed before recommending approval of the two particular amendments. As such, the proposed amendments to Chapter 41 of the SAMC detailed below do not include amendments to SD-19 or SD-40. The proposed amendments to Chapter 41 (Zoning) of the SAMC are described and analyzed in Table 1: Summary of Amendments, below. Table 1: Summary of Amendments Code Section(s) Subject issues and Resolutions 41-196 Establishments Selling Issue: In 2013, new standards were approved for Alcoholic Beverages: alcohol sales and a typo was erroneously adopted, Amends the Public incorrectly citing exemptions to separation Convenience or requirements for off -sale establishments of less than Necessity (PCN) process 10,000 square feet in size, and ambiguous and distance exemptions language was included leaving uncertainty in the for proposed off -sale application of operational standards for off -sale alcohol licenses. establishments. Amendment Resolution: Correctly cites the two conditions of approval for a PCN that may not be waived, which are: 1) 1,000 linear foot distance from other establishments with an off -sale alcohol licenses; and 2) 1,000 linear foot distance to properties used for schools attended by minors, religious institutions, or for park purposes. Clarifies operational standards for off -sale alcohol licenses to include terms such as "shall' to ensure compliance with said standards. 41-766 Interpretation of Issue: The zoning code currently has a section Regulation: Authorizes addressing interpretation of ambiguous language the Executive Director of but is vague and does not authorize any the Planning and Building government body to interpret the ambiguity. Agency to have the ability to interpret any ambiguity Amendment Resolution: Authorizes and gives the within Chapter 41. Executive Director of the Planning and Building Agency the ability to interpret ambiguous language within Chapter 41 or defer the matter to the Planning Commission. 41-1341 Drive -Through Issue: Current code standards do not explicitly state Standards: Amends the points from which to measure the stacking lanes stacking and queuing nor do they account for current trends in drive- 75A-2 Zoning Ordinance Amendment No. 2020-01 April 7, 2020 Page 3 language. through design (i.e., having a pay window and pick- up window). Amendment Resolution: Clarifies the exact point from which to measure the stacking and queuing length requirements for drive -through establishments and makes language consistent with the citywide design guidelines. 41-313.5(o) Parking Lots and Issue: Uses permitted in the Professional (P) Parking Structures: zoning district have high peak hours parking Amends the Professional demand. Limited parking options could stifle (P) zoning district to allow development or repurposing and re -tenanting of parking lots and parking existing buildings. structures subject to a conditional use permit. Amendment Resolution: Provides additional land use options for property owners and convenient parking for employees in jobs rich areas. ENVIRONMENTAL IMPACT As part of the City's permitting process, the proposed project is required to undergo an environmental review in accordance with the California Environmental Quality Act (CEQA). In accordance with the CEQA, the recommended action is exempt from CEQA per Section 15061(b)(3). This exemption applies to projects covered by the "general rule" that CEQA applies only to projects that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA (ER No. 2020-09). STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal No. 3 - Economic Development, Objective No. 2 (create new opportunities for business/job growth and encourage private development through new General Plan and Zoning Ordinance policies) and Goal No. 5 - Community Health, Livability, Engagement & Sustainability, Objective No. 3 (facilitate diverse housing opportunities and support efforts to preserve and improve the livability of Santa Ana neighborhoods). FISCAL IMPACT There is no fiscal impact associated with this item. Exhibits: 1. Draft Zoning Ordinance Amendments - ZOA No. 2020-01 2. February 24, 2020 Planning Commission Staff Report 75A-3 EXHIBIT 1 LS 4.7.20 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: 41-196 (ESTABLISHMENTS SELLING ALCOHOLIC BEVERAGES), 41-313.5 (PARKING LOTS AND PARKING STRUCTURES), 41-324 (PARKING LOTS AND PARKING STRUCTURES), 41-766 (INTERPRETATION OF CHAPTER REGULATIONS), AND 41-1341 (DRIVE -THROUGH STANDARDS) 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 February 24, 2020, the Planning Commission held a duly noticed public hearing and voted to recommend that the City Council adopt Zoning Ordinance Amendment No. 2020-01. D. The City Council, on April 7, 2020, held a duly noticed public hearing on this ordinance and has considered all testimony presented thereto. 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 Ordinance No. NS-XXXX Page 1 of 13 75A-4 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 41-196 (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 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: Ordinance No. NS-XXXX Page 2 of 13 75A-5 (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 skurrh religious institution 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 fn--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. (2) The applicant shall be responsible for maintaining free of litter the area adjacent to the premises over which he or she 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. Ordinance No. NS-XXXX Page 3 of 13 75A-6 (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 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 Ordinance No. NS-XXXX Page 4 of 13 75A-7 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 doorjamb 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) A Provicip a closed-circuit television system shall be provided and approved by the Police Department and shall be capable of viewing and recording events inside 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. Ordinance No. NS-XXXX Page 5 of 13 75A-8 (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 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 Ordinance No. NS-XXXX Page 6 of 13 75A-9 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. 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 Ordinance No. NS-XXXX Page 7 of 13 75A-10 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. (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 Ordinance No. NS-XXXX Page 8 of 13 75A-11 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. (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. Ordinance No. NS-XXXX Page 9 of 13 75A-12 (25) Combined alcohol storage and display areas shall not exceed five (5) percent of the gross floor area of the licensed establishment. Section 4. Section 41-313.5 (Parking Lots and Parking Structures) of Chapter 41 of the SAMC is hereby amended to read as follows: Sec. 41-313.5. - Uses subject to a conditional use permit in the P district. The following may be permitted in the P district, subject to the issuance of a conditional use permit: a. Convalescent hospitals, nursing homes, rest homes and extended care facilities. b. Hospitals. c. Trade and professional schools. d. Health clubs and gymnasiums. e. Recreational or entertainment uses if carried on in conjunction with any of the uses specified in clauses (e), (f) and (k) of section 41-313. f. Ambulance and emergency medical response services. g. Non -freestanding commercial and service uses which are open at any time between the hours of 12:00 midnight and 5:00 a.m., provided that such uses also meet the standards for commercial and service uses permitted under section 41-313, and further provided that such uses have less than twenty thousand (20,000) square feet of floor area. h. Eating establishments open at any time between the hours of 12:00 midnight and 5:00 a.m. and located within one hundred fifty (150) feet of residentially zoned or used property, measured from property line to property line. i. Banquet facilities, subject to development and operational standards set forth in section 41-199.1. j. Banquet facilities as an ancillary use, subject to development and operational standards set forth in section 41-199.1. k. Adult day care facilities. I. Clubs, fraternities and lodges. m. Bail bond uses, subject to development and operation standards set forth in section 41-323. n. Churches and accessory church buildings. Ordinance No. NS-XXXX Page 10 of 13 75A-13 o. Parking lots and parking structures subiect to compliance with the requirements of Section 41-324. Section 5. Section 41-324 (Parking Lots and Parking Structures) of Chapter 41 of the SAMC is hereby added and shall read as follows: Sec. 41-324. — Parking lot and parking structure standards. In addition to the provisions of this chapter, the following minimum development and operational standards apply to parking lot and parking structure uses: (a) Shall only be permitted on sites of no less than two (2) acres. (b) Shall not be permitted on sites that abut properties zoned or used for single- family residential. (c) Shall be designed to comply with the Citywide Design Guidelines established by resolution of the City Council. Section 6. Section 41-324-325. Reserved of Chapter 41 of the SAMC is hereby amended to read as follows: Secs. 41-3245 41-325. — Reserved. Section 7. 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 Executive Director of the Planning and Building Agency, or his or her designee, 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 Executive Director 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 Executive Director 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 meaninq 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 Executive Director shall have the power to interpret the regulation based on understanding of this Chapter. Applicants may appeal Ordinance No. NS-XXXX Page 11 of 13 75A-14 the Executive Director's interpretation to the Planning Commission for review and interpretation which shall be final; thereafter, such interpretation shall govern. Section 8. 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 closer to the menu board; and to the order-peiatF 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 thFeugh !aR( Such stacking lanes shall be located so that they do not serve as entries to parking spaces. Section 9. 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 2020. Miguel A. Pulido Mayor Ordinance No. NS-XXXX Page 12 of 13 75A-15 APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By: Lisa Storck Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, DAISY GOMEZ, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS-XXXX to be the original ordinance adopted by the City Council of the City of Santa Ana on , 2020 and that said ordinance was published it accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana Ordinance No. NS-XXXX Page 13 of 13 75A-16 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: FEBRUARY 24, 2020 TITLE: PUBLIC HEARING — ZONING ORDINANCE AMENDMENT NO. 2020-01 TO AMEND SEVERAL SECTIONS OF CHAPTER 41 OF THE SANTA ANA MUNICIPAL CODE AND SECTIONS OF SPECIFIC DEVELOPMENT NO. 19 AND SPECIFIC DEVELOPMENT NO. 40 — CITY OF SANTA ANA, APPLICANT {STRATEGIC PLAN NO. 3, 2; 5,3) Prepared by Ricardo Soto EXHIBIT 2 PLANNING COMMISSION SECRETARY APPROVED ❑ As Recommended ❑ As Amended ❑ Set Public Hearing For DENIED ❑ Applicant's Request ❑ Staff Recommendation CONTINUED TO Executive Director Plan Manager RECOMMENDED ACTION Recommend that the City Council adopt an ordinance approving Zoning Ordinance Amendment (ZOA) No. 2020-01 to amend several sections of Chapter 41 (Zoning) of the Santa Ana Municipal Code (SAMC) and sections of Specific Development No. 19 (SD-19)/French Park and Specific Development No. 40 (SD-40)/ Heninger Park. Project Background In 2017, the City began a series of zoning code revisions intended to streamline the development process and update outdated development standards. The proposed amendments included in ZOA No. 2020-01 are a continuation of that effort. Project Description and Analysis The Planning Division is requesting approval of several amendments to Chapter 41 (Zoning) of the Santa Ana Municipal Code (SAMC). The proposed amendments are intended to correct typos; clarify ambiguity in the zoning code; create consistency of terms, definitions, and processes; and update uses permitted in the Professional (P) zoning district to address current development and economic trends. All of the proposed amendments, apart from the proposed change to the Professional (P) zoning district, are non -substantive and intended to correct minor provision related to the above subjects. The proposed amendment to the Professional (P) zoning district to allow parking lots and parking structures subject to a conditional use permit (CUP) is intended to provide additional land use options and facilitate competitive professional and administrative office employment centers with convenient access to parking. Moreover, any potential negative impacts of such a use will be mitigated through development standards, which 75A-17 Zoning Ordinance Amendment No. 2020-08 February 24, 2020 Page 2 are also part of the proposed amendments, and through CUP conditions of approval on a site -by - site basis. The proposed amendments to Chapter 41 (Zoning) of the SAMC and to the SD-19 and SD-40 zoning districts are described and analyzed in Table 1: Summary of Amendments, below. Table 1: Summary of Amendments 41-196 Establishments Selling Issue: In 2013, new standards were approved for Alcoholic Beverages: alcohol sales and a typo was erroneously adopted, Amends the Public incorrectly citing exemptions to separation Convenience or Necessity requirements for off -sale establishments of less than (PCN) process and 10,000 square feet in size, and ambiguous language distance exemptions for was included leaving uncertainty in the application of proposed off -sale alcohol operational standards for off -sale establishments. licenses. Amendment Resolution: Correctly cites the two conditions of approval for a PCN that may not be waived, which are: 1) 1,000 linear foot distance from other establishments with an off -sale alcohol licenses; and 2) 1,000 linear foot distance to properties used for schools attended by minors, religious institutions, or for park purposes. Clarifies operational standards for off -sale alcohol licenses to include terms such as "shall" to ensure compliance with said standards. 41-766 Interpretation of Issue: The zoning code currently has an section Regulation: Authorizes addressing interpretation of ambiguous language but the Executive Director of is vague and does not authorize any government the Planning and Building body to interpret the ambiguity. Agency to have the ability to interpret any ambiguity Amendment Resolution: Authorizes and gives the within Chapter 41. Executive Director of the Planning and Building Agency the ability to interpret ambiguous language within Chapter 41 or defer the matter to the Planning Commission. 41-1341 Drive -Through Issue: Current code standards do not explicitly state Standards: Amends the points from which to measure the stacking lanes stacking and queuing nor do they account for current trends in drive - language. through design (i.e., having a pay window and pick-up window). Amendment Resolution: Clarifies the exact point from which to measure the stacking and queuing length requirements for drive -through establishments and makes language consistent with the citywide design guidelines. 75A-18 Zoning Ordinance Amendment No. 2020-08 February 24, 2020 Page 3 again= SD 19 & SD40 French Park and Issue: Both SD-19 and SD-40 are considered Heninger Park Review historical districts that require projects to be reviewed Authority: Amends administratively and/or by the Historic Resources language to clarify major Commission for major modifications. The language modification process and currently contained within these specific review authority. developments is unclear on the modification process. In addition, the Planning Commission is granted review authority over ministerial development applications on sites not listed on the local Historic Register, which conflicts with the Development Project Plan approval process set forth in Sections 41-668 through 674 of the SAMC. Amendment Resolution: Grants the Historic Resources Commission review authority over all major exterior modifications in the historic districts. Clarifies ministerial review process for minor exterior modifications in the historic districts as outlined in Resolution No. 2006-01 and adopted by the Historic Resources Commission on January 5, 2006. Creates a uniform review process for both historic districts. 41-313.5(o) Parking Lots and Issue: Uses permitted in the Professional (P) zoning Parking Structures: district have high peak hours parking demand. Amends the Professional Limited parking options could stifle development or (P) zoning district to allow repurposing and re -tenanting of existing buildings. parking lots and parking structures subject to a Amendment Resolution: Provides additional land conditional use permit. use options for property owners and convenient arkin for employees in jobs rich areas. Table 2: CEQA, Strategic Plan Alignment and Public Notification & Community Outreach ,. t ld CEQA Type Exempt per Section 15061 b 3 Reason(s) In accordance with the California Environmental Quality Act (CEQA) the Exempt or Analysis recommended action is exempt from CEQA per Section 15061(b)(3). This exemption applies to projects covered by the "general rule" that CEQA applies only to projects that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity s not subject to CEQA. Goal(s) and Approval of this item supports the City's efforts tory meet Goal No. 3 - Economic Policy(s) Development, Objective No. 2 (create new opportunities for business/job growth and encourage private development through new General Plan and Zoning Ordinance policies) and Goal No. 5 - Community Health, Livability, Engagement & Sustainability, Objective No. 3 (facilitate diverse housing opportunities and support efforts to reserve and improve the livability of Santa Ana neighborhoods). 75A-19 Zoning Ordinance Amendment No. 2020-08 February 24, 2020 Page 4 TY, _Qffiek r Required The proposed amendments are citywide, and the project site is not located within the Measures boundaries of one single neighborhood association. However, a notice was published in the Orange County Register. At the time of this printing, no correspondence, by phone, written, or electronic, has been received from any members of the public. Conclusion Based on the analysis provided within this report, staff recommends that the Planning Commission recommend that the City Council approve Zoning Ordinance Amendment No. 2020- 08. op Ricardo Soto Associate Planner RS:SAPIannIng Commisslon12020102-24-20VOA No. 2020-01 (Chapter 41 Amendments) Exhibit: 1. Proposed Draft Ordinance 75A-20 LS 2.24.20 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: 41-196 (ESTABLISHMENTS SELLING ALCOHOLIC BEVERAGES), 41-313.6 (PARKING LOTS AND PARKING STRUCTURES), 41-324 (PARKING LOTS AND PARKING STRUCTURES), 41-766 (INTERPRETATION OF CHAPTER REGULATIONS), AND 41-1341 (DRIVE -THROUGH STANDARDS) OF THE SANTA ANA MUNICIPAL CODE, AND GENERAL PROVISIONS OF SPECIFIC DEVELOPMENT NO. 19 FRENCH PARK (SD-19) AND SPECIFIC DEVELOPMENT NO. 40 HENINGER PARK (SD-40) 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 and to Specific Development 19 (SD-19) (French Park) and Specific Development No. 40 (SD-40) (Heninger Park). 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 February 24, 2020, the Planning hearing and voted to recommend Ordinance Amendment No. 2020-01. Commission held a duly noticed public that the City Council adopt Zoning 75A-21 D. The City Council, on April 7, 2020, held a duly noticed public hearing on this ordinance and has considered all testimony presented thereto. 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 41-196 (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 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. z 75A-22 (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 c-hureh religious institution 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-) LI) 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. (2) The applicant shall be responsible for maintaining free of litter the area adjacent to the premises over which he or she 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. 3 75A-23 (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 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. 4 75A-24 (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 doorjamb 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) A Previde a closed-circuit television system shall be provided and approved by the Police Department and shall be capable of viewing and recording events inside 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. s 75A-25 (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 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. L1 75A-26 (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. 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 7 75A-27 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. (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 R 75A-28 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. (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) percent of the gross floor area of the licensed establishment. 0 75A-29 Section 4. Section 41-313.5 (Parking Lots and Parking Structures) of Chapter 41 of the SAMC is hereby amended to read as follows: Sec. 41-313.5. - Uses subject to a conditional use permit in the P district. The following may be permitted in the P district, subject to the issuance of a conditional use permit: a. Convalescent hospitals, nursing homes, rest homes and extended care facilities. b. Hospitals. c. Trade and professional schools. d. Health clubs and gymnasiums. e. Recreational or entertainment uses if carried on in conjunction with any of the uses specified in clauses (e), (f) and (k) of section 41-313. f. Ambulance and emergency medical response services. g. Non -freestanding commercial and service uses which are open at any time between the hours of 12:00 midnight and 5:00 a.m., provided that such uses also meet the standards for commercial and service uses permitted under section 41-313, and further provided that such uses have less than twenty thousand (20,000) square feet of floor area. h. Eating establishments open at any time between the hours of 12:00 midnight and 5:00 a.m. and located within one hundred fifty (150) feet of residentially zoned or used property, measured from property line to property line. i. Banquet facilities, subject to development and operational standards set forth in section 41-199.1. j. Banquet facilities as an ancillary use, subject to development and operational standards set forth in section 41-199.1. k. Adult day care facilities. I. Clubs, fraternities and lodges. m. Bail bond uses, subject to development and operation standards set forth in section 41-323. n. Churches and accessory church buildings. 10 75A-30 o. Parking lots and parking structures subject to compliance with the requirements of Section 41-324. Section 5. Section 41-324 (Parking Lots and Parking Structures) of Chapter 41 of the SAMC is hereby added and shall read as follows: Sec. 41-324. — Parkina lot and parking structure standards. In addition to the provisions of this chapter, the following minimum development and operational standards apply to parking lot and parking structure uses: (a) Shall only be permitted on sites of no less than two (2) acres. (b) Shall not be permitted on sites that abut properties zoned or used for single- family residential. _. (c) Shall be designed to comply with the Citywide Design Guidelines established by resolution of the City Council Section 6. Section 41-324-325. Reserved of Chapter 41 of the SAMC is hereby amended to read as follows: Secs. 41-3245—^-ram -ago. - Reserved. Section 7. 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 Executive Director of the Planning and Building Agency, or his or her designee, 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 Executive Director 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 Executive Director may issue an official interpretation or refer the question to the Planning Commission for determination. If ambiguity arises concerninq 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 Executive Director shall have the power to interpret the regulation based on understanding of this Chapter. Applicants may appeal the Executive Director's interpretation to the Planning Commission for review and interpretation, which shall be final: thereafter, such interpretation shall govern. 11 75A-31 Section 8. 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 closer to the menu board; and to the epder 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 drove _+hr gh'ano Such stacking lanes shall be located so that they do not serve as entries to parking spaces. Section 9. Section 8 (General Provisions) of Specific Development No. 19 (SD-19) of Chapter 41 of the SAMC is hereby amended to read as follows: Section 8 General Provisions All new construction, excluding interior modifications, and including the restoration, rehabilitation, alteration, conversion and/or addition of any structure involving modification to the exterior of a structure within the area as defined as Historic French Park District (SD-19) must shall proceed through the following established review process. This includes review of structures destroyed by natural occurrences, pursuant to SAMC Sec. 41-682. PiRa' appreval shall be granted by the MaRRing rommiss on. 1. GUIDELINES AND STANDARDS. The architectural design guidelines used by City staff and the French Park Architectural Review Committee ("Committee") and adopted by resolution by the City Council, is entitled "Historic French: Its Architectural Legacy and Design Guidelines" (French Park Guidelines). All projects must adopt one of the historical architectural styles of the district which is identified in the Guidelines. All accessory structures shall comply with these architectural design guidelines. 2. NEIGHBORHOOD REVIEW. The French Park Architectural Review Committee is a volunteer croup comprised of French Park neiahborhood residents and/or property owners shall who are authorized to review proposals for new construction, restoration, rehabilitation, alteration conversion and/or additions to an existing structure within the boundaries 12 75A-32 of SD-19. A Neighborhood Review Application shall be submitted to the Planning Division for all minor and major modifications for evaluation by staff and shall be forwarded to the French Park Architectural Review Committee for comments. make fi„di„gS that the „r „esed ne GenstrUGt;Ga, re6terati9R, rehabilitation, alteratieR, aelr, .e„—a„d;o, Staff and the Committee will review the Neighborhood Review Application for is-i compliance with the French Park Guidelines and is OR compliance with the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings. The findings shall he made a „art of the !"fi/s fermal revie prOGes6. If there is not an active Committee, by request of the French Park Neighborhood Association Chairperson, City staff shall provide the sole Neighborhood Review evaluation. 3. EXCEPTIONS. All projects, except those requiring any discretionary action, are exempt from the Development Project Plan approval process as set forth in Sections 41-668 through 674 of the SAMC. 4. HISTORIC RESOURCES COMMISSION APPROVAL. Final approval of major exterior modifications shall be granted by the Historic Resources Commission. Final approval of minor exterior modifications as outlined per Resolution No. 2006-001 and adopted by the Historic Resources Commission on January 5, 2006 shall be granted administratively by staff. The French Park Architectural Review Committee comments are to Ae made a „art of the Gity'„ shall be included into staff's evaluation and recommendation to the Historic Resources Commission. The decision of the Historic Resources PlaRninq Commission regarding approval of the major exterior modifications shall be final unless an appeal is filed as set forth in Section 30-8 of Chapter 30 of the SAMC. Section 10. Section General Provisions (General Provisions) of Specific Development No. 40 (SD-40) of Chapter 41 of the SAMC is hereby amended to read as follows: GENERAL PROVISIONS 13 75A-33 .. . . All new construction, excluding interior modifications, and including the restoration rehabilitation, alteration, conversion and/or addition of any structure involving includes review of structures destroyed by natural occurrences, pursuant to SAMC Sec. 41-682. A. GUIDELINES AND STANDARDS. The architectural desian auidelines used by City staff and the Heninger Park Architectural Review Committee (Committee) and adopted by resolution of the City Council is entitled "Heninger Park Architectural Design Guidelines" (Heninger Park Guidelines). All projects must adopt one of the historical architectural styles of the district which is identified in the Guidelines. All accessory structures shall comply with these architectural design guidelines. B. NEIGHBORHOOD REVIEW, The Heninaer Park Architectural Review Committee is a volunteer group comprised of Heninger Park neighborhood residents and/or property owners who are authorized to review proposals for new construction, restoration, rehabilitation, alteration, conversion and/or additions to an existing structure within the boundaries of SD-40. A Neighborhood Review Application shall be submitted to the Planninq 14 75A-34 Division for all minor and major modifications for evaluation by staff and shall be forwarded to the Heninger Park Architectural Review Committee for comments. Staff and the Committee will review the Neighborhood Review Application for compliance with the Heninger Park Guidelines and compliance with the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings. If there is not an active Committee, by request of the Heninger Park Neighborhood Association Chairperson, City staff shall provide the sole Neighborhood Review evaluation. C. EXCEPTIONS. All projects, except those requiring any discretionary action, are exempt from the Development Project Plan approval process as set forth in Sections 41-668 through 674 of the SAMC. D. HISTORIC RESOURCES COMMISSION APPROVAL. Final approval of major exterior modifications shall be granted by the Historic Resources Commission. Final approval of minor exterior modifications as outlined per Resolution No. 2006-001 and adopted by the Historic Resources Commission on January 5 2006 shall be granted administratively by staff. The Heninger Park Architectural Review Committee comments shall be included into staffs evaluation and recommendation to the Historic Resources Commission. The decision of the Historic Resources Commission regarding approval of the major exterior modifications shall be final unless an appeal is filed as set forth in Section 30-8 of Chapter 30 of the SAMC. Section 11. 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 2020. Miguel A. Pulido Mayor 15 75A-35 APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By: Lisa Storck Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, DAISY GOMEZ, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS-XXXX to be the original ordinance adopted by the City Council of the City of Santa Ana on , 2020 and that said ordinance was published it accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana 75A-36 16