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Home My WebLink AboutNS-2489 - Amending Chapter 41 of the Santa Ana Municipal Code to Modify Regulations and Establish Standards for Exterior Pay PhonesORDINANCE NO. NS-2489 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 41 OF THE SANTA ANA MUNICIPAL CODE TO MODIFY REGULATIONS AND ESTABLISH STANDARDS FOR EXTERIOR PAY PHONES 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: A. The City Council desires to create standards for extedor pay phones. A Mitigated Negative Declaration for Environmental Review No. 2001-158 has been prepared for this project. On December 10, 2001 the planning commission, by a vote of 5:1 (Leo opposing, Verino absent), recommended the City Council adopt the extedor pay phone ordinance. 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 mitigated negative declaration for Environmental Review No. 2001-158 prepared with respect to this Project. Pursuant to the California Environmental Quality Act ("CEQA") and the State CEQA Guidelines, the mitigated 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 fairly 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 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 Ordinance No. NS-2489 Page 1 of 5 wildlife resources 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 17-74 of the Santa Ana Municipal Code is hereby amended such that it reads as follows (new language in underline, deleted language in strikeout): Sec. 17-74. Replacement prohibited. If the public nuisance to be abated is one defined in section 17-72: (1) The hearing notice required by section 17-21 shall specify that abatement shall consist of removal of the pay telephone, revocation of the land use certificate issued pursuant to section 41-198.100, and that no pay telephone shall be installed on the same parcel, or on any contiguous parcel owned by the same property owner, to replace the removed telephone for a period of one (1) year from the date of removal; and (2) Any decision of the hearing officer ordering abatement shall specify that the land use certificate issued pursuant to section 41-198.100 is revoked, and no pay telephone shall be installed on the same parcel, or on any contiguous parcel owned by the same property owner, to replace the removed telephone for a period of one (1) year from the date of removal. Section 4. Section 41-198.100 of the Santa Ana Municipal Code is hereby amended such that it reads as follows (new language in underline, deleted language in strikeout): Sec. 41-198.100. Exterior pay phone facilities. (a) Extedor pay phone facilities are not permitted in the RE, R1, R1-4000, R2, R3, PD, PCD or SD use district which is planned or developed for residential use. (b) In use districts other than those specified in subsection (a) of this section: (1) A land use certificate is required, in accordance with sections 41- 675 through 41-677, for each exterior pay phone installed. All pay phone facilities holding a valid business license as of January 1, 1998 will have three (3) years from the effective date of the ordinance [Ordinance NS-2374] to comply with the provisions herein. Ordinance No. NS-2489 Page 2 of 5 (2) A land use certificate shall be issued in accordance with subsection (b)(1) of this section only if the following standards and conditions are met: The pay phone may not be located such that the pay phone, or a user of the pay phone, is in: 1. a public right-of-way, 2. a required landscape setback area, 3. a driveway, or 4. an area used by vehicles for circulation. The pay phone may not be located on any unimproved property. A minimum walkway width of six (6) feet is required in front of the phone, when the phone is situated within the pdmary ingress to and egress from the property. The building official shall determine whether the ingress to and egress from the property is primary to the property. In all other situations, a minimum walkway width of four (4) feet is required in front of the phone. d. The pay phone may not block doom or be located in front of e. Sig.,r,r,r,r~ag~.~f. or the pay phones, if any, must comply with Se~;~'~ 4~1'-872. Exterior conduit, piping or widng must not be visible when standing directly in front of the phone and is limited to no more than six (6) inches for new installations or phones that are required to be moved, and to no more than three (3) feet for existing installations that comply with all other provisions of the Code. g. No overhead utility drop is permitted for installation. No more than two (2) payphones may be located within a one hundred (100) foot radius of each other. This restriction shall not apply to existing installations, installed pdor to January 1, 2002, which comply with all other provisions of the Code. Ordinance No. NS-2489 Page 3 of 5 (3) Any land use certificate for a pay phone facility issued after January 1, 2002, shall be valid for five (5) years from the date of issuance. All land use certificates for pay phone facilities issued pdor to January 1, 2002, shall be valid for five (5) years commencing January 1, 2002. (4) Upon determination by the headng officer that an extedor pay phone constitutes a public nuisance pursuant to Article VI of Chapter 17 (Sections 17-71 through 17-99, inclusive), the land use certificate for such exterior pay phone shall be revoked. (5) Notwithstanding the foregoing, no land use certificate for a pay phone facility shall be issued that would violate Section 17-74, or any condition imposed on an existing conditional use permit, variance, or minor exception pursuant to Section 41-638 Section 5 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 Attomey Kylee D,~dette - Deputy.~ity Attorney Ordinance No. NS-2489 Page 4 of 5 AYES: NOES: ABSTAIN: NOT PRESENT: Councilmembers: Alvarez, Bist, Christy, Franklin, McGuiqan, Pulido, Solorio (7) Councilmembers: None (0) Councilmembers: None (0) Councilmembers: None {0) CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Ordinance No. NS-2489 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-2489 Page 5 of 5