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HomeMy WebLinkAboutNS-2437 - Temporarily Prohibiting the Establishment of any New Banquet Facilities in the City117 ORDINANCE NO. NS-2437 AN EMERGENCY ORDINANCE OF THE CITY OF SANTA ANA TEMPORARILY PROHIBITING THE ESTABLISHMENT OF ANY NEW BANQUET FACILITIES IN THE CITY THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1: The City Council of the City of Santa Ana finds, determines and declares as follows: A. Provisions of Chapter 41 of the Santa Ana Municipal Code do not specifically identify banquet facilities or designate zoning districts throughout the City where banquet facilities may be permitted. Historically, however, requests for development proposals for banquet facilities have been reviewed in context with restaurants and eating establishments and as a result, permitted by right in certain specified zoning districts. Because of its age, current provisions of the Santa Ana Municipal Code fail to fully take into account the potential impacts associated with the establishment of banquet facilities and fail to address the needs of the City and its residents today and in the future. As such, provisions of the Santa Ana Municipal Code need review, study and possible revision in order to respond to recent concerns relating to the impacts of banquet facilities and the potential establishment of new banquet facilities in the City. B. Given these concerns, staff for the last several months has been undertaking a review of the current provisions of Chapter 41 of the Code to create development standards for banquet facilities citywide and staff has initiated the research to undertake a zone ordinance amendment to provide clear direction regarding the regulation and permitting of banquet facilities in the City. C. The City Council has considered all of the written and oral testimony offered concerning whether to adopt this emergency ordinance. D. Without adoption of this ordinance, properties in the City could quickly receive entitlements to establish banquet facilities despite the fact that City Council has determined that the Code is in need of updating and has directed that a study be done to recommend new standards and revise Code sections to address concerns created by banquet facilities. E. The City Council has directed that all studies be pursued as expeditiously as is practicable, and has directed staff to expeditiously pursue appropriate revisions to the Code. This matter is currently scheduled to be heard by the Planning Commission at its August 14, 2000 regular meeting. Ordinance No. NS-2437 Page I of 4 118 F. Banquet facilities activities are frequently associated with detrimental impacts to the surrounding areas. These impacts include public loitering, parking deficiencies, inadequate security and supervision, public drinking and intoxication and noise. G. In order to prevent the frustration of said studies and the implementation thereof, the public interest, health, safety and welfare require the immediate enactment of this ordinance. The absence of this ordinance would create a serious threat to the orderly and effective implementation of any Code amendments, general plan amendments or specific plan amendments which may be adopted by the City as a result of the studies, in that the establishment of new banquet facilities may be in conflict with or frustrate the contemplated updates and revisions to the Code, general plan or specific plans. Moreover, permitting such banquet facilities to be established during said studies and implementation would create impacts on the public health, safety and welfare that the City Council, in adopting this ordinance, has found to be unacceptable. H. The Request For Council Action for this Ordinance dated July 17, 2000 and duly signed by the City Manager shall, by this reference be incorporated herein, and together with this Ordinance and any amendments or supplementals constitute the necessary findings for this Ordinance. I. The City Council finds, determines and declares that the current and immediate threat to the public health, safety and welfare of the City and its citizens necessitates the immediate enactment of the ordinance. The facts constituting such an urgency are set forth in paragraphs A-H, inclusive of this ordinance. SECTION 2: Prohibition A. No new banquet facility, as a primary use, shall be established or permitted in the City of Santa Ana. B. No new banquet facility, as an ancillary use, shall be established or permitted in the City of Santa Ana, provided however, new banquet facilities as an ancillary use shall be permitted in the City of Santa Aha in conjunction with the following primary uses: 2. 3. 4. 5. Club, fraternity or lodge; Hotel; Museum and science center; Bona fide public eating place; or Chumh. Ordinance No. NS-2437 Page 2 of 4 119 SECTION 3: Definitions For the purposes of this Ordinance, the following terms shall be defined as follows: A. "Banquet facility" shall mean a facility available for rental and used for the purpose of meetings, parties, ceremonious gatherings, dining or live entertainment. B. "Bona fide public eating place" shall have the meaning as defined in Section 23038 of the Business and Professions Code of the State of California, as it may be amended from time to time. C. "Club, fraternity or lodge," "Hotel," "museum and science center," "church" and "ancillary use" shall each have the same meaning as in Chapter 41 of the Code, as it may be amended from time to time. D. "Primary use" shall mean a use that is not an "ancillary use." SECTION 4: Expiration This ordinance shall be of no further force and effect 45 days from the date of its adoption, unless extended by further action of the City Council. SECTION 5: Publication The City Clerk shall certify to the adoption of this ordinance and cause the same to be published in the manner prescribed by law. SECTION 6: Emergency Measure This ordinance is introduced, passed and adopted at one and the same meeting and is thereafter immediately effective. The City Council finds that this ordinance is necessary to protect the public safety, health and welfare. The reasons for the emergency are set forth in Section 1 paragraphs A-H, inclusive of this ordinance. ADOPTED this 17th dayof July ,2000. A'FI'EST: Patricia E. Healy ' Clerk of the Council Ordinance No. NS-2437 Page 3 of 4 120 COUNCILMEMBERS: APPROVED AS TO FORM: Pulido Absent Lutz Aye Bist Aye Christy Aye Franklin Aye McGuigan Aye Moreno Not Voting Joseph W. Fletcher C/istin~L. Shaw ?eput~City Attorn,7 .';ity Attorney CERTIFICATE OF ORIGINALITY & PUBLICATION I, PATRICIA E. HEALY, Clerk of the Council, do hereby certify the attached Ordinance No. NS-2437 to be the original ordinance adopted by the City Council of the City of Santa Ana on July 17, 2000; and that said ordinance was published in accordance with the Charter of the City of Santa Ana. / Date: y~-~F_~ - ~::~ ~/~~,,c.,~ Clerk of the Council Ordinance No. NS-2437 Page 4 of 4