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HomeMy WebLinkAboutNS-2350 - Establishing Outdoor Dining Areas Located in the Public Right of Way as a Permitted Use ...117 ORDINANCE NO. NS- 2350 AN ORDINANCE OF THE CITY OF SANTA ANA ESTABLISHING OUTDOOR DINING AREAS LOCATED IN THE PUBLIC RIGHT OF WAY AS A PERMITTED USE AND AMENDING CHAPTER 33 OF THE SANTA ANA MUNICIPAL CODE WHEREAS, the City desires to revitalize and encourage business located in the Midtown, Downtown and Museum districts by establishing licensing for outdoor dining areas located in the public right of way; and WHEREAS, the licensing of outdoor dining areas may occur only pursuant to an Outdoor Dining License Agreement; and WHEREAS, the licensing of outdoor dining areas will ensure that the public right of way will serve a public purpose and create an architecturally pleasing relationship between diners and pedestrians; THE CITY COUNCIL OF THE CITY OF SANTA ANA HEREBY ORDAINS AS FOLLOWS: SECTION 1: That Chapter 33, of the Santa Ana Municipal Code is amended to add Article VI, Section 33-168 through 33-180, to read as follows: ARTICLE VI. OUTDOOR DINING AREAS IN THE PUBLIC RIGHT OF WAY Sec. 33-168. Short Title. This chapter shall Ordinance." be known as the "Outdoor Dining Sec. 33-169. Purpose and scope. The purpose of this chapter is to permit outdoor dining areas in the public right of way by issuing outdoor dining license agreements to establishments in the Midtown, Downtown, and Museum districts, generally bounded by Memory Lane, Broadway, Flower, First, Spurgeon, and French Streets, and further defined as that shaded area contained in Exhibit 1, attached hereto and incorporated herein as if fully set forth. In these districts, licensed outdoor dining areas will revitalize and encourage business. Moreover, the licensing agreements will ensure that the public right of way provides adequate pedestrian circulation thus promoting the health, safety, and welfare of the residents. Sec. 33-170. Definitions. A. Midtown District is defined as that shaded area in lib Exhibit 1, attached hereto and incorporated herein as if fully set forth. B. Downtown District' is~def~ned as that shaded area in Exhibit 1, attached hereto and incorporated herein, as if fully set forth. C. Museum District is defined as that shaded area in Exhibit 1, attached hereto and incorporated herein, as if fully set forth. D. public right of way is defined as that area of the street, roadway, parkway, or sidewalk, that is owned, maintained, or controlled by the City of Santa Ana. E. outdoor dining area is the area defined, designed, installed, and maintained, pursuant to SAMC 33-176, immediately adjacent to a food service establishment, where patrons may consume food and/or beverages. Sec. 33-171. License-Required. It shall be unlawful for any person, association, partnership or corporation to install or maintain any outdoor dining area on any street or sidewalk within the City of Santa Ana unless there has been issued a license therefor as provided in this article. A separate license shall be obtained for each outdoor dining area, which license shall be valid only for the location specified therein. Each license shall bear a separate number. Not more than one license shall be issued for any one location unless the executive director of the public works agency or his designee finds that more than one outdoor dining area is reasonably necessary to accommodate persons at such locations. For any facility operating an outdoor dining area pursuant to a valid written agreement with the City of Santa Aha, as of May 4, 1998, the terms of such agreement may be extended up to 60 months from the date of the adoption of this ordinance by the Executive Director of the Public Works Agency, subject to such other terms as may be deemed necessary or desirable. On or before the expiration of the 60 month period, the operator shall obtain a license agreement pursuant to this Chapter or remove the outdoor dining area. Sec. 33-172. License-Application. (a) No outdoor dining area license shall be issued except upon written application, filed with, and upon a form prescribed by, the executive director of the public works agency or his designee, showing the proposed location of each outdoor dining area and such other information as the executive director of the public works agency or his designee may require. The initial application for an outdoor dining area license shall be accompa- nied by a nonrefundable processing fee established by resolution 119 of the city council. (b) Detailed plans and specifications of each outdoor dining area shall be supplied by the applicant in a form as approved by the executive director of the public works agency or his designee. (c) Each application must representative of the owner of the license is requested. be signed by the owner or legal the outdoor dining area for which Sec. 33-173. License-Fees. Upon approval of an application for a new or renewal license, a nonrefundable license fee for each outdoor dining area, as established by resolution of the city council, shall be submitted. Each new license issued shall expire on either the first day of July or the first day of January next following the date of issuance. Thereafter, each such license shall be subject to an annual renewal on the first day of January. Each license may be renewed, provided: (1) a renewal application is filed; (2) an annual renewal fee, as established by resolution of the city council, is paid; (3) all past due fees, as established by resolution of the city council, are paid; and (4) the licensee has complied with all provisions of this Code. Sec. 33-174. License-Indemnity; insurance, performance bond. Prior to issuance of any license under this article, each applicant shall: (a) Represent, stipulate, contract and agree that such applicant will indemnify and hold the City of Santa Aha and its officers and employees harmless against liability for any and all claims for damage to property, or injury to, or death of persons arising out of or resulting from the issuance of the license or the placement of outdoor dining areas. (b) Obtain and file with the clerk of the council, and thereafter maintain during the term of any such license, a comprehensive general liability insurance policy or policies, approved as to form by the city attorney, issued by an insurance company or companies authorized to do business in the State of California. The City of Santa Aha, its officers and employees shall be named as additional insureds on said policy or policies. The policy limits of said insurance policy or policies shall be not less than one million dollars ($1,000,000.00) combined single limit for both bodily injury and property damage, or equivalent. Said policy or policies shall also contain a provision that no termination, cancellation, or change of coverage of insured or additional insured shall be effective until after twenty (30) days' notice thereof has been given in writing to the clerk of the council. (c) A performance bond in the amount of one thousand dollars ($1,000.00) per dining area shall be posted by the license holder to insure proper site restoration. Sec. 33-175. License-Denial or revocation. (a) The application for an outdoor dining area license shall be denied if it is found by the executive director of the public works agency or his designee that the maintenance of area would tend to obstruct passage along any public street, or to create a hazard, or would otherwise be detrimental to the public safety, welfare or convenience. (b) Any license may be revoked or renewal thereof denied by the executive director of the public works agency or his designee for any violation of any of the provisions of this article, for any fraud or misrepresentation in the application, violation of any other Chapter of the Santa Ana Municipal Code, failure to comply with the standards for outdoor dining areas as specified in 33-176, criminal activity, adverse impacts on or to adjacent land uses, or for any reason which would have been grounds for denial of the application. (c) The application shall be denied if the applicant fails to deposit the license fee and accept the license within thirty (30) days after notice of the approval of the application by the executive director of the public works agency or his designee. (d) Any license issued under this article shall be canceled and revoked if the license holder fails to install and use the outdoor dining area within ninety (90) days after the date of issuance of such license. (e) If the owner, tenant or person in lawful possession or control of the property abutting the street at the place where the outdoor dining area is to be located gives written notice of objection to such location to the executive director of the public works agency or his designee at any time before issuance of the license that maintenance of the outdoor dining area would tend to obstruct passage along any public street, or to create a hazard, or would otherwise be detrimental to the public safety, welfare or convenience, the executive director of the public works agency or his designee shall consider such notice in making the determination pursuant to subsection (a) of this section. If such written notice is received by the executive director of the public works agency or his designee after the date of issuance of the license, the license shall not be revoked but renewal thereof shall be denied on the next renewal date if the executive director of the public works agency or his designee finds in accordance with subsection (a) of this section. Any such denial or revocation of any license shall be subject to review upon filing of a timely appeal pursuant to the provisions of Chapter 3 of this Code. 121 (f) Any license issued under this article may be revoked for failure to pay the business license tax as required by this Code. Sec. 33-176. Dining area;'design, installation, maintenance. (a} The design of each outdoor dining area shall be approved by the executive director of the public works agency or his designee prior to issuance of a license therefor. Approval shall be based on compliance of applicant with reasonable guidelines issued by the executive director of the public works agency or his designee. {b) Outdoor dining areas shall be constructed in conformity with the Uniform Building Code, as amended, and adopted by section 8-43 of the Santa Ana Municipal Code. (c) Outdoor dining areas shall be maintained in a neat, attractive, safe and sanitary manner at all times. Routine maintenance, including cleaning and emptying of trash receptacles, shall be provided each dining area daily. Damaged, defaced or defective segments of any dining area shall be replaced within forty-eight (48) hours of discovery thereof or notice thereof by the City of Santa Ana, whichever occurs earlier, except that any condition which, in the opinion of the executive director of the public works agency or his designee constitutes a safety hazard shall be repaired, replaced, removed or otherwise corrected immediately upon notification by the City of Santa Ana. (d) Upon removal of any dining area, all materials shall be removed from the site by the license holder and the site restored to the condition in existence prior to installation of the dining area, including complete restoration of any sidewalk upon which the removed dining area was located. Sec. 33-177. Reanoval. (a) The executive director of the public works agency or his designee may cause a dining area to be removed and stored after expiration or revocation of the license, or when a dining area is placed or maintained in violation of any provision of this article or any requirements set forth in the license, if the license holder fails to remove or correct the same after ten (10) days notice thereof by mail. (b) A dining area which is placed on the street without a license may be removed and stored. (c) Ail of the foregoing shall be at the sole risk of the license holder or owner and shall be in addition to any other remedy provided by law. (d) The license holder or owner may recover the property which has been removed and stored during the time specified in Santa Ana Municipal Code section 2-705, by paying the actual cost of such removal and storage. Unclaimed property may be disposed of pursuant to the applicable provisions of law. Sec. 33-178. Transfer. Whenever a restaurant for which a license has been issued is sold, or the title or control thereof assigned or transferred, the license holder shall report such fact to the executive director of the public works agency or his designee within ten (10) days after such sale, transfer or assignment. The new owner of the restaurant shall, within such ten-day period, either remove the outdoor dining area or obtain a license for its maintenance. Sec. 33-179. Enforcement and enforcement fees. The executive director of the public works agency or his designee shall enforce the provisions of this article. In addition to removal of a dining area as provided in section 33-177, fees for noncompliance with the terms and conditions of this article may be assessed by the executive director of the public works agency or his designee as established by resolution of the city council to defray the cost of enforcement and issuing notices concerning failure of licensee to meet and maintain required city standards. Sec. 33-180. Appeals. Any person or entity aggrieved by a finding, notice, or action taken under the provisions of this article, may appeal pursuant to the procedures of Chapter 3 of this Code, and shall be apprised of his right to appeal. SECTION 2: 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 Aha 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. SECTION 3: 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 122 and effect. ADOPTED this ATTEST: 18th Janfce C. Guy ~Y Clerk of the Council COUNCILMEMBERS: Pulido Aye Richardson Ave Espinoza Nay Franklin Ave Lutz Aye McGuigan ~bs~nt Moreno Nay day of AP~VED AS,~,TO FORM: rGary A-~eatz~.x~ ~sta_~t A~rney CERTIFICATE OF ORIGINALITY & PUBLICATION State of California County of Orange I, JANICE C. GUY, Clerk of the Council, do hereby certify the attached Ordinance No. t/3-' d,g3-v , to be the original ordinance adopted by the City Council of the City of Santa Ana on ~9-/! oc'/?~' · and that said ordinance was published in accordance with the Charter of the City of Santa Ana. - / Clerk of tile Council City of Santa Aha City Council EXHIBIT 1 ( ~ Agenda Date Title:ORDINANCE AMENDING CHAPTER 33 OF THF MUNICIPAL CODE TOESTABLISH OUTDOOR May 4, 1998 DINING STANDARDS FOR DOWNTOWN, MIDTOWN AND MUSEUM AREA_ PUBLICRIGHT-OF-WAY