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HomeMy WebLinkAboutNS-2334 - Changing Various Sections of the Santa Ana Municipal Code Regarding the Processing of Alcoholic Beverage Control LicensesORDINANCE NO. NS-2334 AN ORDINANCE OF THE CITY OF SANTA ANA CHANGING VARIOUS SECTIONS OF THE SANTA ANA MUNICIPAL CODE REGARDING THE PROCESSING OF ALCOHOLIC BEVERAGE CONTROL LICENSES THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1: That the Santa Ana Municipal Code is hereby amended by adding a section, to be numbered 41-132, which said section reads as follows: Sec. 4L-~32 Overooncentration of alcohol licenses Overconcentration of off-premise alcohol beverage control licenses for markets less than 20,000 square feet shall be defined as: (1) any off-premise license within 1,000 feet of another off- premise license, excluding markets over 20,000 square feet; (2) any off-premise license within 1,000 feet of any property used as a school primarily attended by minors, for a church or for park purposes; (3) any application for a location that is determined to be overconcentrated by the State Department of Alcohol Beverage Control. SECTION 2: That Santa Ana Municipal Code Section 41-196 is hereby amended to read as follows: Seo. 4L-~96. Establishments selling alcoholic beverages. (a) 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. (b) A conditional use permit shall not be required for any establishment for which a land use certificate has been issued pursuant to sections 41-675 through 41-677. A land use certificate shall be issued 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: 03Z ORD NA C S-2334 (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) Prior to the approval of a land use certificate for alcoholic beverage control license requests the Zoning Administrator and Planning Commission must approve the preparation of a letter of public convenience and necessity by the City Attorney where applicable. SECTION 3: That Santa Ana Municipal Code Section 41-632 is hereby amended to read as follows: Bec. 41-632. Conditional use permit, variance and exception applications-Initiation, scope. (a) article, (1) (2) (3) (a) minor In accordance with the procedures outlined in this application may be made for: Conditional use permit for a specific use of land or buildings in a land use district wherein such use may be so conditionally permitted. Variance to use land or buildings in a manner at variance with the provisions of this chapter. Minor exception to obtain a waiver or modification of those zoning provisions which pertain to the following: Lineal dimensions of yards. Modifications granted shall not exceed by more than twenty (20) per cent the minimum requirements. (b) Separation between buildings and other structures. Modifications granted shall not exceed by more than fifty (50) per cent the minimum requirement. (c) Lot coverage. Modifications granted shall not exceed by more than twenty (20) per cent the maximum coverage permitted. (d) Height of buildings. Modifications granted shall not exceed by more than twenty-five (25) per cent the maximum height permitted. (e) Signs. Area modifications granted shall not exceed by more than twenty (20) per cent the maximum area permitted. 2 ORDINANCE NS-2334 033 (f) Setback and future right-of-way lines. (g) Off-street parking. Modifications granted for reductions in required number of stalls shall not exceed by more than twenty (20) per cent the minimum ordinance requirement. (h) Operational standards. Modifications granted may include minor exceptions to screening and landscape requirements but shall not include exceptions to provisions pertaining to uses permitted in the open. (i) Walls and fences. (J) Any other regulation that the planning commission may from time to time declare. SECTION 4: That Santa Ana Municipal Code Section 41-645.5 is hereby amended to read as follows: Bec. 41-645.5. Same-preparation of a letter of public convenience and necessity, variances for overconcentration of off-premise liquor licenses for markets less than 20,000 square feet, conditional use permits for the sale of alcoholic beverages and for laundromats. (a) Notwithstanding any other provision of this article, and subject to subsection (b) of this section, the decision of the planning commission on any application for the preparation of a letter of public convenience and necessity, variances for overconcentration of off-premise liquor licenses for markets less than 20,000 square feet,or a conditional use permit for the sale of alcoholic beverages pursuant to section 41-196 or for a laundromat shall be final and shall not be subject to appeal to the city council. (b) Within two (2) days following the date of a planning commission decision on the preparation of a letter of public convenience and necessity, variances for overconcentration of off- premise liquor licenses for markets less than 20,000 square feet, a conditional use permit for the sale of alcoholic beverages or for a laundromat, the planning manager shall send a written report of such decision to the members of the city council. If, within twenty-one (21) days following the date of such a planning commission decision, the city council sets the matter for public hearing, then the decision of the planning commission shall be vacated and the decision regarding preparation of a letter of public convenience and necessity, variance or conditional use permit application shall be heard and decided by the city council. 034 ORDINANCE NS-2334 (c) In the event that authority to grant or deny preparation of a letter of public con~enience~ and necessity, variances for overconcentration of off-premise liquor licenses for markets less than 20,000 square feet, conditional use permits for the sale of alcoholic beverages or for laundromats is delegated to the zoning administrator pursuant to section 41-630(b), then, with regard to any such preparation of a letter of public convenience and necessity, variance or conditional use permit, the hearing referenced in section 61-643 shall be by the planning commission rather than the city council, and an appeal from the decision of the zoning administrator pursuant to section 41-645 shall be to the planning commission rather than the city council. SECTION 5: That Santa Ana Municipal Code Section 41-647 is hereby amended to read as follows:~ Beo. 41-647. Utilizing conditional use permits, variances, minor exceptions; time limits, extensions. A conditional use permit, variance or minor exception shall not be deemed valid until all of the conditions as approved by the Zoning Administrator, Planning Commission and/or City Council have been complied with and released by the Planning Manager. A conditional use permit, variance or minor exception approved in accordance with the procedures and considerations as provided in this article, shall automatically become void after two (2) years from the effective date of such approval when the owner fails to institute an action to erect, build, alter, move or maintain the use of the property as specified in the terms and conditions of the conditional use permit, variance or minor exception; however, at the initialhearing the planning commission or zoning administrator may provide, by appropriate condition of approval, for extensions of time beyond the two-year period. Furthermore, the city council may, by resolution, extend the date On which a conditional use permit, variance or minor exception becomes void for a period or periods not exceeding three years in total beyond the date it would otherwise become void. Acceptable action shall be considered to be actual construc- tion, alteration, repairs and use of structures and land. Prepara- tion of plans, financial negotiations, estate settlements, or change of property owners are not considered sufficient evidence of an action. SECTION 6: That the Santa Ana Municipal Code amended by adding a section, to be numbered 41-647.5, section reads as follows: is hereby which said Section 41-647.5 Violation of conditions of conditional use permits, variances and minor exceptions. (a) Failure to comply with any condition of a conditional use 4 ORDINANCE N$-2334 035 (b) permit, variance or minor exception as approved by the Zoning Administrator, Planning Commission and/or City Council is a misdemeanor.. ~ Failure to maintain any condition of a conditional use permit, variance or minor exception as approved by the Zoning Administrator, Planning Commission and/or city Council is a misdemeanor. SECTION 7: That Santa Ana Municipal Code Section 41-675 is hereby amended to read as follows: Bec. 41-675. Land use certificates. Whenever a land use certificate is required for any use or activity by the provisions of this chapter, the procedures for issuance of such land use certificate shall be as follows: (a) Applications for a land use certificate shall be filed by the applicant with the director of planning and development services on such forms as may be provided by the director and shall be accompanied by such filing fee as may be set by resolution of the city council. The application shall provide such information and documentation as the director shall, by departmental regulation, determine to be appropriate. (b) The director of planning and development services shall issue the land use certificate if he determines that the use or activity will be conducted in accordance with the applicable requirements specified in this chapter; otherwise, he shall deny the land use certificate. The land use certificate, if granted, shall specifically identify the grantee and the nature and location of the use or activity to be permitted, and the limitations imposed by this chapter on such use or activity. In the event that the use or activity is one which is limited by the provisions of this chapter to a maximum number of days per period of time, the land use certificate may designate the dates on which such use or activity is permitted. (c) See Sec. 41-196 for land use certificate ABC license requests. SECTION 8: If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the city of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, 5 036 ORDINANCE NS-2334 phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. SECTION 9: Neither the adoption of this ordinance nor the repeal hereby of any ordinance shall in any manner affect the prosecution for violation of ordinances, which violations were committed prior to the effective date hereof, nor be construed as affecting any of the provisions of such ordinance relating to the collection of any such license or penalty or the penal provision applicable to any violation thereof, nor to affect the validity of any bond or cash deposit in lieu thereof, required to be posted, filed or deposited pursuant to any ordinance and all rights and obligations thereunder appertaining shall continue in full force and effect .... ADOPTED this ATTEST: 3rd ice C. GUy . ~Cl~e~'k of the C~unc~ day of November , 1997.  guel A/. Pulido yor COL~CILMEMBERS: Pulido Aye Richardson ~¥e Espinoza Aye Franklin Ave Lutz Absent McGuigan Aye Moreno Ave AP~VED AS TO FORM: 6 037 CERTI~CATE OF ORIGINALITY & PUBLICATION State of California County of Orange I, JANICE C. GUY, Clerk of the Council, do hereby certify the attached Ordinance No. d]S- ,x9 ~,~ ~ to be the original ordinance adopted by the City Council of the City of Santa Am on //- ~ - ~ 7 ; and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: ///'-~ / q 7' Clerk of the/Co~fl~r'~ City of Santa Aha '