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Home My WebLink AboutNS-2487 - Amending Chapter 41 of Santa Ana Municipal Code to Regulate Coin-Operated Youth Amusement Rides as an Outdoor Business ActivityORDINANCE NO. NS-2487 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 41 OF THE SANTA ANA MUNICIPAL CODE TO REGULATE COIN-OPERATED YOUTH AMUSEMENT RIDES AS AN OUTDOOR BUSINESS ACTIVITY THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana does hereby find, determine and declare as follows: Youth amusement rides, have long existed as ancillary uses to retail businesses throughout the city. The City of Santa Ana has not specifically identified youth amusement rides as a permitted use in the Santa Ana Municipal Code. The City Council desires to permit youth amusement ddes in the C1 and C-SM distdct and to create operational standards. B= A Negative Declaration for Environmental Review No. 01-141 has been prepared for this project. On November 26, 2001 the planning commission, by a unanimous vote, recommended the City Council adopt the youth amusement rides ordinance. D= All provisions of the Santa Ana Municipal Code which are repeated herein are repeated solely in order to comply with the provisions of section 418 of the Charter of the City of Santa Ana. Any such restatement of existing provisions of the Code is not intended, nor shall it be interpreted, as constituting a new action or decision of the City Council, but rather such provisions are repeated for tracking purposes only in conformance with the Charter. Section 2. The City Council has reviewed and considered the information contained in the initial study and the negative declaration for Environmental Review No. 01-141 prepared with respect to this Project. Pursuant to the California Environmental Quality Act ("CEQA") and the State CEQA Guidelines, the negative declaration adequately addresses the expected environmental impacts of this Project and reflects the City Council's independent judgment and analysis. On the basis of this review, the City Council finds that there is no evidence from which it can be faidy argued that the project will have a significant adverse effect on the environment. The City Council hereby approves and adopts the negative declaration and directs that the Notice of Determination be prepared and filed with the County Clerk of the County of Orange in Ordinance No. NS-2487 Page 1 of 8 the manner required by law. Pursuant to Title XIV, California Code of Regulations ("CCR") § 735.5(c)(1), the City Council has determined that, after considering the record as a whole, there is no evidence that the proposed project will have the potential for any adverse effect on wildlife resoumes or the ecological habitat upon which wildlife resources depend. The proposed project exists in an urban environment characterized by paved concrete, roadways, surrounding buildings and human activity. Therefore, pursuant to Fish and Game Code § 711.2 and Title XIV, CCR § 735.5(a)(3), the payment of Fish and Game Department filing fees is not required in conjunction with this project. Section 3. Section 41-175 of the Santa Ana Municipal Code is hereby amended such that it reads as follows (new language in underline, deleted language in strikeout): Sec. 41-175. Youth amusement dde. A freestanding electric, mechanical, or hydraulic amusement ride designed for use by one to four children, and typically activated by deposit of coin or token. Section 4. Section 41-195 of the Santa Ana Municipal Code is hereby amended such that it reads as follows (new language in underline, deleted language in strikeout): Sec. 41-195. Outdoor business activities. If, and to the extent that, the following business uses are permitted in a use district, then the corresponding business activities shall be permitted to be located or conducted outside of an enclosed building as part of, or incidental to, the use: (1) Any business use: Vehicular and pedestrian access and parking areas, and trash disposal areas. (2) Any business use: Signs and newsracks as permitted by the sign and newsrack regulations contained in this Code. (3) Public utilities: Distribution and transmission lines and accessory structu res. (4) Service stations: Pump islands, and the minor vehicle services customarily incidental to the purchase of vehicle fuel at pump stations. (5) Day nurseries: Playground areas. Ordinance No. NS-2487 Page 2 of 8 (6) Restaurants, cafes, and other establishments where food and drink is sold for consumption on the premises: The food and drink purchasing areas and dining areas of such establishments. (7) Exterior pay phones that are in compliance with section 41-198.100.(8) Youth amusement rides that are in compliance with sections 41-365 and 366. Section 5. Section 41-365 of the Santa Ana Municipal Code is hereby amended such that it reads as follows (new language in underline, deleted language in strikeout): Sec. 41-365. Uses permitted in the C1 district. The following uses are permitted in the C1 district: (a) Retail and service uses. (b) Professional, administrative and business offices. (c) Automobile parking lots and parking structures. (d) Automobile sales, but excluding truck, trailer, tractor and boat sales. (e) Churches and accessory church buildings. (f) Mortuaries. (g) Theaters. (h) Hospitals, clinics, and sanitariums. (i) Animal hospitals and veterinaries. (j) Plant nurseries. (k) Gymnasiums. (I) Golf courses, both regulation and miniature, and driving ranges. (m) Public utility structures, including electric distribution and transmission substations. (n) Restaurants, cafes, and eating establishments, other than those specified in section 41-365.5. (o) Schools and studios operated for commercial or public purposes. Ordinance No. NS-2487 Page 3 of 8 (p) Child care facilities. (q) Service stations. (r) Automobile servicing. (s) Youth amusement rides ancillary to grocery, general merchandise and department retail store uses. Section 6. Section 41-366 of the Santa Ana Municipal Code is hereby amended such that it reads as follows (new language in underline, deleted language in strikeout): Sec. 41-366. Operational standards in the Cl district. (a) All business activities in the 01 distdct shall be conducted and located within an enclosed building, except as otherwise provided in section 41- 195, and except that the following business activities, to the extent permitted under section 41-365 and section 41-365.5, may be conducted outside of an enclosed building: (1) Plant nurseries. (2) Automobile sales and parking lots. (3) Recreational or entertainment uses. (4) Youth amusement rides. (b) Storage of goods and supplies shall be limited to those sold at retail on the premises or utilized in the course of business. (c) Public utility electric distribution and transmission substations shall be screened by a fence at least six (6) feet high, except as restricted by sections 36-45, 36-46, and 36-47 of this Code. (d) No sales shall be made directly from a building to persons on a public sidewalk, either through a window or similar opening or by means of any coin-operated device. (e) Service stations and automobile servicing: No automobile servicing within three hundred (300) feet of property used or zoned for residential purposes shall be conducted before 6:00 a.m. or after 10.'00 p.m. on any day of the week. Ordinance No. NS-2487 Page 4 of 8 (f) Youth amusement rides shall comply with the following standards, deviation from which requires written approval by the Planning Manager: (1) No youth amusement ride shall be located on a required walkway or landscape area. (2) No youth amusement ride shall be located in a foyer leading to a store entry unless a minimum of six feet of clearance remains. (3) No advertising is allowed on any youth amusement ride. (4) All youth amusement rides shall be maintained in a clean, attractive and sanitary condition. (5) No youth amusement ride shall be designed or located such as to create a safety hazard or interfere with reasonable pedestrian passage to adjacent businesses. (6) No more than two (2) youth amusement rides are allowed per street frontage or primary store entrance. (7) No more than three (3) youth amusement rides are allowed per building. (8) Any graffiti on a youth amusement ride shall be removed within twenty-four (24) hours. (9) Youth amusement rides shall be maintained in an operable condition at all times. Inoperable youth amusement rides shall be repaired or removed from the premises within forty-eight (48) hours. Section 7. Section 41-521 of the Santa Ana Municipal Code is hereby amended such that it reads as follows (new language in underline, deleted language in strikeout): Sec. 41-521. Uses permitted in the C-SM district. The following uses are permitted in the C-SM district: (a) Retail and service uses. (b) Professional, administrative, and business offices. (c) Public parking lots and parking structures. (d) Animal hospitals and veterinarians. Ordinance No. NS-2487 Page 5 of 8 (e) Gymnasiums, health clubs, and martial arts studios. (f) Public utility structures, including electric distribution and transmission substations. (g) Restaurants, cafes, coffeehouses, and eating establishments, other than those provided in section 41-522, excluding the establishment of drive through service facilities. (h) Schools and studios operated for commercial or public purposes. (i) Child care facilities. (j) Art galleries, museums and exhibit halls. (k) Plant nurseries. (I) Theaters. (m) Furniture stores. (n) Youth amusement rides ancillary to grocery, general merchandise and department retail store uses. Section 8. Section 41-523 of the Santa Ana Municipal Code is hereby amended such that it reads as follows (new language in underline, deleted language in strikeout): Sec. 41-523. Operational standards. (a) All business activities in the C-SM district shall be conducted and located within an enclosed building, except as otherwise provided in section 41-195, and except that the following business activities, to the extent permitted under section 41-365 and section 41-365.5, may be conducted outside of an enclosed building: (1) Plant nurseries. (2) Recreational or entertainment uses. (3) Youth amusement rides. (b) No outside storage. Any and all storage of goods and supplies shall be located inside the building and limited to products sold at retail on the premises or utilized in the course of business within the building. Ordinance No. NS-2487 Page 6 of 8 (c) Public utility electric distribution and transmission substations shall be screened by a fence at least six (6) feet high, except as restricted by sections 36-45, 36-46, and 36-47 of this Code. (d) Youth amusement rides shall comply with the standards in section 41- 366 for C1 districts. Section 9. 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 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. ADOPTED this 4th dayof February , 2002. APPROVED AS TO FORM: Joseph W. Fletcher City Attorney Kyre z . ~dette Dep~,t~ City Attorney AYES: NOES: ABSTAIN: NOT PRESENT: Councilmembers: Alvarez, Bist, Christy, Franklin, McGui.qan, Pulido, Solorio (7) Councilmembers: None (0) Councilmembers: None (0) Councilmembers: None (0) Ordinance No. NS-2487 Page 7 of 8 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Ordinance No. NS-2487 to be the original ordinance adopted by the City Council of the City of Santa Ana on February 4, 2002, and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: / Clerk of the Council City of Santa Ana Ordinance No. NS-2487 Page 8 of 8