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Home My WebLink AboutNS-2461 - Amending Section 41.195.5 of the Santa Ana Municipal Code Regarding Temporary OutdoorsRvsd 212112001 ORDINANCE NO. NS-2461 AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING SECTION 41.195.5 OF THE SANTA ANA MUNICIPAL CODE REGARDING TEMPORARY OUTDOOR ACTIVITI ES (ZOA 2000-16) THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES 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 Ordinance. 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 ("CEQA") and the State CEQA Guidelines, a Negative Declaration adequately addresses the expected environmental impacts of this Ordinance. 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 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: That Section 41-195.5 of Article II of Chapter 41 of the Santa Ana Municipal Code is hereby amended to read as follows (additions to existing code shown in underline and deletions in strike-out): Sec. 41-195.5. Temporary outdoor activities. Notwithstanding any other provision of this chapter, the following activities may be conducted in any C1, CI-MD, C2, C3, C3-A, C4, C5, CD, M1, or M2, CSM, GC, P, SD with commercial use, or SP with commercial use district and are not required to be carried on within an enclosed building, provided they are carried on in accordance with the limitations hereinafter set forth, and provided a land use certificate is first obtained in accordance with sections 41-675 through 41-677: (a) Bazaars, fiestas, fairs, parties, receptions, shows, festivals and fund-raising events, provided the activities do not occur on the same lot more frequently than six (6) days in any one-year period, do not continue on the same lot for more than three (3) successive days, do not begin earlier than 10:00 a.m. cc ,~,,, -~, ...... tha~ ~"~" ~'~ ~ ~ ~""~ .....~ dc ~* ~+~ ....... * ~'~ p m ~ ...... ~ CF ..... OR ...... ~, ~ .... .... ~ .... +~, ~ o,,,4~,, CF n.nn .... o,,,,,,, and do not continue past 10:00 p.m. Monday through Saturday and do not begin earlier than 11:00 a.m. and do not continue past 9:00 p.m. on Sunday. Provided however, activities in the SD65 district and museum and science center activities in the CI-MD district, may Ordinance No. NS-2461 Page 1 of 6 not occur more frequently than one (1) time per month, do not continue on the same lot for more than three (3) successive days and are not held more than twelve (12) times per year. ......... +~ ""'~ sidewalk or (b) Rummage sales, promotional events, .... ~. ....... , .... parking lot sales, and temporary sales booths provided the activities do not occur on the same lot more frequently than six (6) days in any one-year period and do not continue on the same lot for more than two (2) successive days. (c) Mobile library, medical and veterinary units, provided activities are not conducted on the same lot for more than six (6) days in any one-year period, do not begin earlier than 8:00 a.m., and do not continue past 5:00 p.m. (d) Outdoor auctions, provided that activities are not conducted on the same lot more frequently than four (4) days in any one-year period, do not begin earlier than 8:00 a.m., and do not continue past 5:00 p.m. (e) Seasonal activities for uses such as, but not limited to, fireworks stands, pumpkin lots and Christmas tree lots, provided that pumpkin lots do not set up more than thirty (30) days prior to Halloween and are removed within one (1) day after Halloween, Christmas tree lots do not setup more than thirty (30) days prior to Christmas and are removed within one (1) day after Christmas and fireworks stands are in compliance with Chapter 14 Article II of this Code. (f) Carnivals, circuses, radio or d.j. remotes and outdoor music concerts, for +~..... ¢.,,.. provided +~'"* *~'" ~"*~"~*~ ....... * """'"'"'*"'~ c,q *~' ..... '"* mcrc ........... (5) d-j~ .... ,,,; ........ .~,,j v,,~ ...~¢'4 ...... ~.v,,~...~'-'" the following conditions are met: (1) The activity is not conducted on the same lot for more than five (5) successive days in any one-year period and may not occur more than five (5) days in any one (1) year period. (2) Hours of activities shall not begin earlier than 10:00 a.m. and do not continue past 11:00 p.m. Monday through Saturday and do not begin earlier than 11:00 a.m. and do not continue past 9:00 p.m. on Sunday. (3) Off-street parking shall be provided in the manner prescribed in Article XV of the Santa Ana Municipal Code. (4) On-site circulation shall be maintained in a manner that will assure efficient internal parking lot circulation. Also, lots shall assure that vehicles need not exit on the street then re-enter the lot to find another parking space. Ordinance No. NS-2461 Page 2 of 6 (5) No equipment and/or rides may be located on the lot of such activity for more than forty-eight (48) hours prior to opening day. (6) All equipment and rides used for such activity must be removed within twenty-four (24) hours of closing day of activity. (7) Noise sources associated with construction, dismantling of equipment, deliveries and rides, shall be permitted provided said activities do not take place between the hours of 8:00 p.m. and 7:00 a.m. on weekdays, Saturday or Sunday. (8) A thirty-foot setback clear of, but not limited to, equipment, booths, stages and rides shall be maintained at all times along any property line abutting residential uses. (9) The activity is subject to cancellation or additional conditions if conducted in a manner detrimental to the health, safety, or welfare of the community as determined by authorized City of Santa Ana representatives including Police, Fire, Public Works, or Downtown Development. (g) Activities approved with alcohol sale and/or consumption shall obtain the appropriate license from the State Department of Alcoholic Beverage Control ("ABC") and will be subject to the following: (1) All cooking equipment (grills, barbecues, etc.) must be turned off one-half (~) hour before the activity closure each evening. (2) The sale, service and consumption of alcohol shall occur only within a fenced-in area. This area shall be designated with appropriate signage identifying it as such and shall be approved by the Police Department.. (3) The applicant shall ensure that security personnel are on duty at all times and monitoring the fenced-in area designated for the sale, service and consumption of alcohol. Security personnel shall prevent people from carrying alcoholic beverages outside the designated area noted in 41-195.5 (g)(2). (4) Advertising which indicates the availability of alcoholic beverages shall be posted at the point of beverage dispensing only. (5) Alcoholic beverages shall be served in distinctive cups, which are different from those used for non-alcoholic beverages. Ordinance No. NS-2461 Page 3 of 6 (h) (6) (7) (8) (9) No more than two cups containing alcoholic beverages may be sold to a customer at a time. All alcoholic beverages shall be sold in paper or plastic cups and not in their original glass or metal containers. The server is prohibited from selling alcoholic beverages to an obviously intoxicated person. The server is prohibited from consuming alcoholic beverages. The sale, service and consumption of alcoholic beverages shall cease one (1) hour prior the end of the activity. All temporary outdoor activities shall be subject to the following: (1) The applicant must provide a minimum number of state licensed, (2) (3) (4) (5) (6) (7) uniformed security guards for each day of the activity. This minimum number is to be determined by the Chief of Police or his authorized representative during the application process. These guards shall be present from the opening of the activity until closing and all persons have vacated the grounds. Under special circumstances Santa Ana Police Officers may be required in addition to the security guards. The applicant will bear the cost of the Police Officers. Security Guards must carry a cellular phone. Ail personnel serving as security guards must wear attire such as a jacket, shirt, vest, etc., that clearly identifies them as security. All security personnel shall have equipment enabling two-way communication with other security personnel. The applicant shall be required to pay for any additional police services that may result from the activity. Noise levels generated by the activity must remain under specified S.A.M.C. levels. The sale of tickets must cease 30 minutes prior to the closure of the activity daily. Outdoc' "*"~ .......'~" ~'""*~'" Ordinance No. NS-2461 Page 4 of 6 SECTION 4: 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 5: 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 20th day of February, 2001. Patricia E. HeilYclerk of the Council L.~// a~yoerI A. Pdlido COUNCILMEMBERS: Pulido Aye McGuigan Aye Alvarez Aye Bist Aye Christy Aye Franklin Aye Solorio Aye APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: ,~ C L.S D~pu~ City Atforney Ordinance No~ NS-246t Page $ of 6 CERTIFICATE OF ORIGINALITY & PUBLICATION I, PATRICIA E. HEALY, Clerk of the Council, do hereby certify the attached Ordinance No. NS-2461 to be the original ordinance adopted by the City Council of the City of Santa Ana on ~.~-c~-~ / ; and that said ordinance was published in accordance with the Charter of the Date: ' IClerk of the Counci City of Santa Ana Ordinance No. NS-2461 Page 6 of 6