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HomeMy WebLinkAboutNS-2635 - Amending Chapter 41 of the Santa Ana Municipal Code to Regulate Outdoor Vending Machines and Permit Outdoor Vending MachinesORDINANCE NO. NS-2635 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 41 OF THE SANTA ANA MUNICIPAL CODE TO REGULATE OUTDOOR VENDING MACHINES AND PERMIT OUTDOOR VENDING MACHINES IN THE C1, C2, C4, C5, CR, SP-1 AND SP-2 ZONES AND SUBJECT TO A LAND USE CERTIFICATE THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: In recent years, the City of Santa Ana has experienced an increase in the number of outdoor vending machines being located within the high visibility commercial centers. The addition of these vending machines has contributed to visible blight and impacted the pedestrian and vehicular access areas within a number of shopping centers in the City of Santa Ana. Currently, the Santa Ana Municipal Code states that all business activities in commercial zoning districts must be conducted within an enclosed building. Santa Ana Municipal Code section 41-366(a). As such, the Municipal Code does not currently permit outdoor vending machines. The Request for Council Action for this ordinance dated July 21, 2003 and duly signed by the city manager and all accompanying materials shall, by this reference be incorporated herein, and together with this ordinance, any amendments or supplements and the oral testimony before the City Council, shall constitute the necessary findings for this ordinance. The City Council has considered all of the written and oral testimony offered concerning whether to adopt this ordinance. Based upon this record the City Council finds that the standards set forth in this ordinance, and each of them, are necessary to reduce the negative impacts associated with outdoor vending machines, including visual blight and impact to the shopping centers' access by pedestrian and vehicles. Zoning, permitting, and other police power regulations, such as those employed in this ordinance, are legitimate, reasonable means of accountability to help protect the quality of life in the City of Santa Ana and to help ensure that all operators of outdoor vending machines comply with reasonable regulations. Ordinance No. NS-2635 Page 1 of 7 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. On June 23, 2003, the Planning Commission voted 6:0 (Nalle absent) to recommend the City Council adopt this ordinance. Section 2. 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 Califomia 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 faidy 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. 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 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 41-83.5 is added to Chapter 41 of the Santa Ana Municipal Code to read in full as follows: Sec. 41-83.5. Integrated Development Site. Integrated development site shall mean any site, regardless of the number of lots or individual tenants, that is developed with common parking, on- site circulation, architecture or design features. Ordinance No, NS-2635 Page 2 of 7 Section 4. Section 41-131 is added to Chapter 41 of the Santa Ana Municipal Code to read in full as follows: Sec. 41-131. Outdoor Vending Machine. "Outdoor vending machine" shall mean a mechanical device located o n the outside of a building that provides a product or service to the public for compensation, including but not limited to water dispensers, drink dispensers or food dispensers. For purposes of this chapter, news boxes, pay phones, automated teller machines and youth amusement rides shall not be deemed to be outdoor vending machines. Section 4. Section 41-195 of the Santa Ana Municipal Code is hereby amended such that it reads as follows (new language in bold): 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. (6) Restaurants, cafes, a nd other establishments w here food a nd drink is sold for consumption on the premises: The food and drink purchasing areas and dining areas of such establishments. (7) Any business use: Exterior pay phones that are in compliance with section 41-198.100. (8) Any business use: Youth amusement rides that are in compliance with sections 41-365 and 366. (9) Any business use: Outdoor vending machines that are in compliance with section 41-198.300. Ordinance No. NS-2635 Page 3 of 7 Section 5. Section 41-198.300 is added to Chapter 41 of the Santa Ana Municipal Code to read in full as follows: Sec. 198.300. Outdoor Vending Machines. (a) Notwithstanding any other provisions of this chapter, outdoor vending machines may be operated only in the Cl, C2, C4, C5, CR, North Harbor Specific Plan (SP-1), and Bristol Street Specific Plan (SP-2) zones provided they are carried on in accordance with the limitations hereinafter set forth and provided a ministerial land use certificate is first obtained in accordance with sections 41-675 through 41-677 of this Code. Outdoor vending machines located in public parks or any other public property shall not be subject to this section. (b) No outdoor vending machine may be installed, maintained, repaired or operated in the city without first being issued a valid land use certificate. A land u se certificate s hall b e issued by t he planning manager only i f the following standards and conditions are met: (1) The outdoor vending machine may not be located such that the outdoor vending machine, or a user of the outdoor vending machine, is in: a. A public right-of-way, b. A required landscape area, c. A driveway, or d. An area used by vehicles for circulation, or e. Five (5) feet of any business entrance or exit. (2) All outdoor vending machines must be ancillary to an approved primary use and may not be located on an unimproved lot. (3) A minimum walkway width of six (6) feet is required in front of the outdoor vending machine, when the outdoor vending machine is situated within the primary ingress to and egress from the lot. The building official shall determine whether the ingress to and egress f rom t he Iot i s primary t o t he Iot. I n a II other situations, a minimum walkway width of four (4) feet is required in front of the outdoor vending machine. (4) All outdoor vending machines shall only be located on a building elevation that contains a primary entrance. (5) All outdoor vending machines must be positioned against a building wall. Ordinance No. NS-2635 Page 4 of 7 (6) An outdoor vending machine shall not block doors or be located in front of windows. (7) Outdoor vending machine sign panels shall be limited to the products sold within the outdoor vending machine. No additional signs or advertising can be attached to or placed on the top or side of any outdoor vending machine. (8) Exterior conduit, piping or wiring must not be visible when standing directly in front of the outdoor vending machine. (9) No visible security cages are permitted on the outside of an outdoor vending machine. (10) Outdoor vending machines shall not exceed eighty (80) inches in height and thirty-six (36) inches in depth and thirty-seven (37) inches in width. (11) All outdoor vending machines shall be maintained in a clean and attractive condition. (12) Any graffiti on an outdoor vending machine shall be removed within twenty-four (24) hours. (13) Number of outdoor vending machines. a. No more than five (5) outdoor vending machines shall be permitted per development site. b. The number of outdoor vending machines permittable on a development site shall be as follows: Square footage of Number of outdoor development site vending machines 15,000 or less 1 15,001 - 30,000 2 30,001 - 45,000 3 45,001 - 60,000 4 60,001 or greater 5 c. For integrated development sites with multiple underlying lots, at least one outdoor vending machine, but not to exceed three outdoor vending machines, may be allowed per lot. Multiple outdoor vending machines shall be allowed at the following ratio: Square footage of a lot within an integrated development 15,000 or less Number of outdoor vending machines Ordinance No. NS-2635 Page 5 of 7 15,001 - 30,000 2 30,001 or greater 3 No more than five (5) outdoor vending machines shall be permitted per integrated development site. (14) Upon removal or relocation of an outdoor vending machine the building and site area, where the outdoor vending machine was located, shall be repaired to its original condition within thirty (30) days from the date of removal. Section 6. The Council shall, by resolution, set a fee for application for land use certificate for an outdoor vending machine. Until such fee is set, the applications fee shall be the minimum fee currently established for any land use certificate application. Section 7. If any section, subsection, sentence, clause, phrase o r p ortion o f 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 8. The city clerk shall certify to the adoption of this ordinance and cause the same to be published in the manner prescribed by law. ADOPTED this 4th day of Auqust 2003. APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney Ordinance No. NS-2635 Page 6 of 7 AYES: Councilmembers: NOES: Councilmembers: ABSTAIN: Councilmembers: NOT PRESENT: Councilmembers: Alvarez, Bist, Christy, Franklin, Garcia, Pulido, Solorio (7) None (0) None (0) 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-2635 to be the original ordinance adopted by the City Council of the City of Santa Ana on August 4, 2003. City of Santa Ana Ordinance No, NS-2635 Page 7 of 7