HomeMy WebLinkAboutNS-2445 - Amending Chapter 41 of the Santa Ana Municipal Code to Define Banquet Facilities...147
ORDINANCE NO. NS-2445
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA AMENDING CHAPTER 41 OF THE SANTA
ANA MUNICIPAL CODE TO DEFINE BANQUET FACILITIES
AND ALLOW BANQUET FACILITIES SUBJECT TO A
CONDITIONAL USE PERMIT IN THE P, C1, C1-MD, C-SM,
C2, C3, C3-A, C4, C5, CR ZONING DISTRICTS AND IN ANY
SPECIFIC PLAN OR SPECIFIC DEVELOPMENT ZONING
DISTRICT AND IN THE M1 AND M2 ZONES ANCILLARY
TO RESTAURANTS AND EATING ESTABLISHMENTS
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES HEREBY ORDAIN
AS FOLLOWS:
SECTION 1: The City Council has reviewed and considered the information
contained in the initial study and the negative declaration prepared with respect to this
Project, together with att comments and response to comments. The City Council has, as
a result of its consideration, and the evidence presented at the hearings on this matter,
determined that, as required pursuant to the California Environmental Quality Act and the
State CEQA Guidelines, a Negative Declaration adequately addresses the expected
environmental impacts of this Project. On the basis of this review, the City Council finds
that there is no evidence from which it can be fairly argued that the Project will have a
significant adverse effect on the environment. The City Council hereby certifies and
approves the negative declaration for Environmental Review No. 00-123 and directs that
the Notice of Determination be prepared and filed with the County Clerk of the County of
Orange in the manner required by law.
SECTION 2: The City Council of the City of Santa Ana hereby finds, determines
and declares as follows:
On July 17, 2000, the City Council adopted an emergency moratorium on
the establishment of banquet facilities citywide to provide staff the
opportunity to reseamh and develop standards regulating banquet facilities.
On August 21, 2000, the City Council adopted an emergency ordinance
extending the moratorium on the establishment of new banquet facilities to
provide an opportunity for the zone ordinance amendment regulating
banquet facilities to be drafted and implemented.
Banquet facilities have been associated with a number of detrimental
impacts such as public loitering, parking deficiencies, inadequate security
and supervision, public drinking and intoxication and noise.
Ordinance No. NS-2445
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148
Staff has conducted the research necessary to provide a recommendation
regarding the regulation and permitting of banquet facilities in the City to
address these impacts.
SECTION 3: That the Santa Ana Municipal Code is hereby amended by adding a
section, to be numbered 41-25, which said section reads as follows:
Sec. 41-25. Banquet Facility
A banquet facility is a facility available for rental and used for the purpose of
meetings, parties, ceremonious gatherings, dining or entertainment. For the
purposes of this definition, the term rental shall mean to obtain the possession
and use of a facility, or a portion of a facility, on a short term, hourly or daily
basis, where occupancy is closed to the general public, in exchange for
monetary or other form of compensation.
SECTION 4: That the Santa Ana Municipal Code is hereby amended by adding
two subsections, to be numbered 41-313.5(i) and 41-313.5(j), which said section reads 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 41-199.1.
(j) Banquet facilities as an ancillary use, subject to development and
operational standards set forth in 41-199.1.
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149
SECTION 5: That the Santa Ana Municipal Code is hereby amended by adding
two subsections, to be numbered 41-365.5(j) and 41-365.5(k), which said section reads
as follows:
Sec. 41-365.5. Uses subject to a conditional use permit in the Cl district.
The following uses may be permitted in the C1 district subject to the issuance of
a conditional use permit:
(a) Clubs.
(b) Outdoor and indoor recreational or entertainment uses other than those
set forth in section 41-365.
(c) Hotels, motels, lodging houses, care homes, fraternity houses and sorority
houses.
(d) Thrift shops, purchase and loan, pawn shops.
(e) Eating establishments with drive-through window service.
(f) Eating establishments open at any time between the hours of 12:00 a.m.
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.
(g) Laundromats, subject to the development and performance standards set
forth in section 41-199.
(h) Retail markets having less than twenty thousand (20,000) square feet of
floor area which are open at any time between the hours of 12:00
midnight and 5:00 a.m.
(i) Check cashing facilities, as defined by section 41-42.7 of this Code.
(j) Banquet facilities, subject to development and operational standards set
forth in 41-199.1.
(k) Banquet facilities as an ancillary use, subject to development and
operational standards set forth in 41-199.1.
SECTION 6: That the Santa Ana Municipal Code is hereby amended by adding
two subsections, to be numbered Sec. 41-375.2 (f) and 41-375.2 (g), which said section
reads as follows:
Sec. 41-375.2. Uses subject to a conditional permit in the CI-MD district.
The following uses may be permitted in the C1-MD district subject to the issuance
of a conditional use permit:
(a)
(b)
(c)
(d)
Clubs.
Outdoor and indoor recreational or entertainment uses other than those set
forth in section 41-375.1
Hotels.
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
Ordinance No. NS-2445
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150
residentially zoned or used property, measured from property line to
property line.
(e) Retail markets having less than twenty thousand (20,000) square feet of
floor area which are open at any time between the hours of 12:00 midnight
and 5:00 a.m.
(f) Banquet facilities, subject to development and operational standards set
forth in 41-199.1..
(g) Banquet facilities as an ancillary use, subject to development and
operational standards set forth in 41-199.1.
SECTION 7: That the Santa Ana Municipal Code is hereby amended by adding
two subsections, to be numbered Sec. 41-522(h) and 41-522 (i) , which said section
reads as follows:
Sec. 41-522. Uses subject to a conditional use permit in the C-SM district.
The following uses may be permitted in the C-SM district subject to the issuance
of a conditional use permit:
(a) Clubs, lodges and fraternal organizations
(b) Outdoor and indoor recreational or entertainment uses including night
clubs, other than those set forth in section 41-521.
(c) Hotels, motels, lodging houses, care homes, fraternity houses and sorority
houses.
(d) Thrift and resale stores, antique shops and collectable stores, excluding
pawn shops and auction houses
(e) 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
Laundromats
Ancillary outdoor dining facilities located in the front yard area.
Banquet facilities, subject to development and operational standards set
forth in 41-199.1.
Banquet facilities as an ancillary use, subject to development and
operational standards set forth in 41-199.1.
(f)
(g)
(h)
(i)
SECTION 8: That the Santa Ana Municipal Code is hereby amended by adding
two subsections, to be numbered Sec. 41-403(f) and 41-403(g), which said section
reads as follows:
Sec. 41-403. Uses subject to a conditional use permit in the C3-A district.
The following uses may be permitted in the C3-A district subject to the issuance
of a conditional use permit:
(a) Live/work communities
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151
(b)
(c)
(d)
(e)
(f)
(g)
Schools
Ceramic and pottery studios
Glass blowing and sculpturing studios
Retail markets having less than twenty thousand (20,000) square feet of
floor area which are open at any time between the hours of 12:00
midnight and 5:00 a.m.
Banquet facilities, subject to development and operational standards set
forth in 41-199.1.
Banquet facilities as an ancillary use, subject to development and
operational standards set forth in 41-199.1.
SECTION 9: That the Santa Ana Municipal Code is hereby amended by adding
two subsections, to be numbered 41-412.5(g) and 41-412.5(h), which said section
reads as follows:
Sec. 41-412.5. Uses subject to a conditional use permit in the C4 district.
The following uses may be permitted in the C4 district subject to the issuance of
a conditional use permit:
(a) Hotels, motels, lodging houses, care homes, fraternity houses and sorority
houses.
(b) l ndoor swap meets, bulk merchandise stores, and home improvement
warehouse stores.
(c) Eating establishments with drive-through window service.
(d) Eating establishments open at any time between the hours of 12:00 a.m.
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.
(e) Laundromats, subject to the development and performance standards set
forth in section 41-199.
(f) Retail markets having less than twenty thousand (20,000) square feet of
floor area which are open at any time between the hours of 12:00
midnight and 5:00 a.m.
(g) Banquet facilities, subject to development and operational standards set
forth in 41-199.1.
(h) Banquet facilities as an ancillary use, subject to development and
operational standards set forth in 41-199.1.
SECTION 10: That the Santa Ana Municipal Code is hereby amended by adding
two subsections, to be numbered 41-424.5(m) and 41-424.5(n), which said section
reads as follows:
Sec. 41.424.5. Uses subject to a conditional use permit in the C5 district.
Ordinance No. NS-2445
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The following uses may be permitted in the C5 district subject to the issuance of
a conditional use permit:
(a) Hotels, motels, lodging houses, care homes, fraternity houses, and
sorority houses.
(b) Dwelling units when erected above the ground floor of a commercial
structure when the ground floor is devoted exclusively to nonresidential
uses,
(c) Hospitals.
(d) Public utility structures, including electric distribution and transmission
substations.
(e) Eating establishments with drive-through or walk-up window service.
(f) Service stations and automobile servicing.
(g) Car wash establishments, provided they are wholly enclosed.
(h) Laundries.
(i) Indoor swap meets, bulk merchandise stores, and home improvement
warehouse stores.
(j) Eating establishments open at any time between the hours of 12:00 a.m.
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.
(k) Laundromats, subject to the development and performance standards set
forth in section 41-199.
(I) Retail markets having less than twenty thousand (20,000) square feet of
floor area which are open at any time between the hours of 12:00
midnight and 5:00 a.m.
(m) Banquet facilities, subject to development and operational standards set
forth in 41-199.1.
(n) Banquet facilities as an ancillary use, subject to development and
operational standards set forth in 41-199.1.
SECTION 11: That the Santa Ana Municipal Code is hereby amended by adding
two subsections, to be numbered 41-442.5(f) and 41-442.5(g), which said section reads
as follows:
Sec. 41-442.5. Uses subject to a conditional use permit in the CR district.
The following uses may be permitted in the CR district subject to the issuance of
a conditional use permit:
(a) Hotels, motels, lodging houses, care homes, fraternity houses and sorority
houses.
(b) Service stations, provided they are integrated into a larger development
site and accessible only by limited access ways serving the larger site as
a whole.
(c) Indoor swap meets, bulk merchandise stores, and home improvement
warehouse stores.
Ordinance No. NS-2445
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153
(d)
(e)
(f)
(g)
Eating establishments open at any time between the hours of 12:00 a.m.
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.
Retail markets having less than twenty thousand (20,000) square feet of
floor area which are open at any time between the hours of 12:00
midnight and 5:00 a.m.
Banquet facilities, subject to development and operational standards set
forth in 41-199.1.
Banquet facilities as an ancillary use, subject to development and
operational standards set forth in 41-199.1.
SECTION 12: That the Santa Ana Municipal Code is hereby amended by adding
a subsection, to be numbered 41-472.5(n), which said section reads as follows:
Sec. 41-472.5. Uses subject to a conditional use permit in the MI district.
The following uses may be permitted in the M1 district subject to the issuance of
a conditional use permit:
(a) Principal industrial uses if occupying less than seventy (70) percent of the
gross floor area with the remainder of the floor area allocated to office use
only.
(b) Storage of new or used buildings or houses.
(c) Child care other than as permitted by section 41-472.1.
(d) Trade schools which provide instruction which requires the operation of
heavy equipment or machinery normally associated with manufacturing
operations such as woodworking or machine shops.
(e) Kennels for the temporary care and lodging of dogs and other
domesticated household animals.
(f) Eating establishments permitted in section 41-472 which operate between
12:00 and 5:00 a.m. and which are within one hundred fifty (150) feet of a
residential use.
(g) Eating establishments with drive-through window service.
(h) Petroleum and gas storage.
(i) Freight and truck terminal.
(j) Industrial medical clinics which offer medical services by referral only and
do not offer overnight stays.
(k) Administrative office use ancillary to a permitted industrial use occupying
more than thirty (30) percent of the gross floor area.
(I) Heavy processing recycling uses.
(m) Car wash facility.
(n) Banquet facilities as an ancillary use to a restaurant or eating
establishment, subject to development and operational standards set forth
in 41-199.1.
Ordinance No. NS-2445
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154
SECTION 13: That the Santa Ana Municipal Code is hereby amended by adding
a section, to be numbered 41-199.1, which said section reads as follows:
Sec. 41-t99.1 Banquet Facilities
Banquet facilities may be permitted in the P, CI,C1-MD,C-SM, C2, C3, C3-A, C4,
C5, CR zoning districts and in any Specific Plan or Specific Development zoning
district_wherever restaurants and eating establishments are permitted, as a primary
and ancillary use, subject to the issuance of a conditional use permit. Banquet
facilities may be permitted in the M1 and M2 zoning districts as an ancillary use to
restaurants and eating establishments, subject to the issuance of a conditional use
permit. Banquet facilities shall comply with the following development and
operational standards:
(a)
(b)
(c)
(d)
All banquet facilities require a kitchen facility, including but not limited to, an
oven, stove, refrigeration, freezer, exhaust hood, grease receptor, cutting
and preparation areas, dishwashing area or machine, employee sink and
mop, and appropriate counter/service facilities.
All banquet facilities require sanitation facilities in compliance with the
California Building Code building standards.
VVhenever there is entertainment with or without alcohol, the banquet
facility shall provide a uniformed state licensed security guard, as
approved by the Chief of police, at the rate of 1 guard/100 attendees, with
a minimum of one security guard, or other security measures as approved
by the Chief of Police. The guards shall be present until all attendees
have left the premises.
All banquet facilities shall provide exterior lighting in compliance with
Police Department requirements.
As used herein, a banquet facility is a facility available for rental and used for the
purpose of meetings, parties, ceremonious gatherings, dining or entertainment.
For the purposes of this definition, the term rental shall mean to obtain the
possession and use of a facility, or a portion of a facility, on a short term, hourly
or daily basis where occupancy is closed to the general public in exchange for
monetary or other form of compensation.
SECTION 14: That Santa Ana Municipal Code section 41-1359 is hereby
amended to read as follows:
Sec. 41-1359. Banquet facilities.
Banquet facilities, as a freestanding use, shall be parked at the rate of 1
parking stall per 28 s.f. of activity/assembly area.
Ordinance No. NS-2445
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Whenever the parking requirement for a banquet facility as an ancillary use
exceeds the parking requirement for the primary use, the banquet facility shall be
parked at the rate of I parking stall per 28 s.f. of activity/assembly area.
Provided however, banquet facilities ancillary to a restaurant or eating
establishment shall be parked at the restaurant rate of 10 parking stalls per 1000
s.f. of gross floor area.
SECTION 15: Banquet facilities and banquet facilities as an ancillary use shall be
permitted in the Specific Plan and Specific Development zoning districts wherever
restaurants or eating establishments are permitted, subject to a conditional use permit,
provided, all banquet facilities must conform to the development and operational
standards set forth in 41-199.1.
SECTION 16: Repeal of Emergency Ordinance. Ordinance No. NS-2441 of the
City of Santa Ana, an emergency ordinance prohibiting the establishment of banquet
facilities citywide, shall be repealed as of the effective date of this Ordinance, provided,
however, that should enforcement of this Ordinance be enjoined by a Court of competent
jurisdiction prior to its effective date, then Ordinance No. NS-2441 shall remain in full
force and effect.
SECTION 17: 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, 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 18: 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 18th dayof September
,2000.
Ordinance No, NS-2445
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156
AFl'EST:
~~~)~Patricia E. Healy Clerk of the Council
MinoltA. Pulido
Mayor
COUNCILMEMBERS:
Pulido Aye
Lutz Aye
Bist Aye
Christy A~-e
Franklin A?~
McGuigan A~-e
aoreno Absent
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
Deputy City Attorney
CERTIFICATE OF ORIGINALITY & PUBLICATION
I, PATRICIA E. HEALY, Clerk of the Council, do hereby certify the attached Ordinance
No. NS-2445 to be~he qriginal, ordinance adopted by the City Council of the City of
Santa Ana on ~-/~/-(~ ~ ; and that said ordinance was publi.~hed in
accordance wi. th the Charter of the City of Santa Ana. . /
Date: ~;;'~//~ ~ .~~~~~
/ ' Clerk of the Council / I
City of Santa Ana ~
Ordinance No. NS-2445
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