In order to carry out the purpose and provisions of this chapter, the city is divided into the following districts:

A1 —

General agricultural

RE —

Residential-estate

R1 —

Single-family residence

R2 —

Limited multiple-family residence

R3 —

Medium-density multiple-family residence

R4 —

Suburban apartment

P —

Professional

GC —

Government center

C1 —

Community commercial

C1-MD —

Community commercial/Museum District

C2 —

General commercial

C4 —

Planned shopping center

C5 —

Arterial commercial

CR —

Commercial residential

M1 —

Light industrial

M2 —

Heavy industrial

C-SM —

South Main Street commercial district

O —

Open space

TV —

Transit Village

DT —

Downtown

UC —

Urban Center

CDR —

Corridor

UN-2 —

Urban Neighborhood 2

UN-1 —

Urban Neighborhood 1

SP —

Specific plan

SD —

Specific development

MO —

Military operations

OZ —

Overlay zone

(Code 1952, § 9220; Ord. No. NS-455, § 1, 6-20-60; Ord. No. 2306, § 3, 12-2-96; Ord. No. NS-2353, § 1, 6-1-98; Ord. No. NS-2421, 4-3-00; Ord. No. NS-2803, § 3, 6-21-10)

(a)

The use districts established in section 41-184 may be altered to conform with the following:

(1)

The B suffix appending the district classification shall allow properties within the district so modified to be used exclusively for parking as described in section 41-611 of this chapter.

(2)

Lot width and lot area suffix appending the district classification shall be indicated on the sectional district map and shall designate the lot width and lot area. The number preceding the district classification shall establish the minimum lot width and the number following the district classification shall establish the minimum lot area.

(3)

Overlay Zone (OZ) suffix appending the district classification shall allow parcels within the district to optionally develop in accordance with alternative uses and standards set forth in an adopted Overlay Zone ordinance, as further described in division 28 of this chapter.

(4)

The F suffix appending the district classification shall restrict properties within the district so modified to a maximum floor area ratio of 1.0. The F suffix shall not apply to properties that develop in accordance with an overlay zone.

(b)

The aforesaid land use districts shall be indicated on the sheets which comprise the official sectional district maps of the city.

(Code 1952, § 9221; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-2739, § 2, 4-2-07)

Changes in the boundaries of any district shall be made by ordinance adopting an amended sectional district map, which said amended map when so adopted shall be published by reference in the manner prescribed by law and shall become a part of this chapter.

(Code 1952, § 9222; Ord. No. NS-455, 1, 6-20-60)

Where uncertainty exists as to the boundaries of any district shown on said sectional district map the following rules shall apply:

(a)

Where such boundaries are indicated as approximately following street and alley lines or lot lines, such lines shall be construed to be such boundaries.

(b)

Where a district boundary divides a lot, the location of such boundary, unless the same is indicated by dimensions, shall be determined by use of the scale appearing on such sectional district map.

(c)

Where a public street or alley is officially vacated or abandoned, the regulations applicable to abutting property shall apply to such vacated or abandoned street or alley.

The boundaries of such districts as are shown upon the sectional district maps adopted by this chapter are hereby adopted and approved, and the regulations of this chapter governing the use of land and buildings, the height of buildings, the size of yards about buildings and other matters as herein set forth, are hereby established and declared to be in effect upon all land included within the boundaries of each district shown upon each sectional district map.

(Code 1952, § 9223; Ord. No. NS-455, § 1, 6-20-60)

The city may prezone certain contiguous areas which in the opinion of the planning commission or city council bears a relationship to its planning. Any district so established shall prevail if and when areas contained within such district are annexed to the city. For this purpose prezoning maps may be developed, adopted and amended as prescribed in article V of this chapter.

(Code 1952, § 9224; Ord. No. NS-455, § 1, 6-20-60)

If a prezoning map of properties outside the incorporated area has been adopted in the manner prescribed by ordinance, any territory upon becoming a part of the city shall possess the classification indicated on the detailed prezoning map, and such portions of the prezoning map shall become a part of the city zoning map and thereafter be subject to all of the provisions of this chapter.

If a prezoning map for an area has not been adopted, then such area shall, upon annexation, be considered to be classified A1 until reclassified in the manner prescribed by article V of this chapter.

(Code 1952, § 9225; Ord. No. NS-455, § 1, 6-20-60)

Except as hereinafter provided:

(a)

No building shall be erected, reconstructed or structurally altered except in conformance to the provisions contained herein; nor shall any building or land be used for any purpose other than that which is permitted in the district or modified district in which such building or land is located. All uses, as defined in Division 2 of Article 1 of this Chapter, not expressly permitted in any zoning district are prohibited.

(b)

No building shall be erected, reconstructed or structurally altered to exceed the height or size limit herein established for the district or modified district in which such building is located.

(c)

No lot area shall be so reduced or diminished that any yard area or other open spaces shall be smaller than prescribed by this chapter.

(d)

No yard or other open space provided about any building for the purpose of complying with the provisions of this chapter shall be considered as providing a yard or open space for any other building; provided further that no yard or open space on an adjoining property shall be considered as providing a yard or open space on a lot whereon a building is to be erected.

(e)

Every building hereafter erected shall be located on a lot created in conformance with the subdivision regulations and in no case shall there be more than one (1) dwelling or other principal structure on one (1) lot except as provided herein.

(f)

Whenever any land or building is devoted to a use of a more restricted classification than that permitted in the district or modified district where located, such act shall constitute a waiver of any right to claim that any use of buildings or land near, or adjacent thereto, constitute a nuisance in any manner different from that which would be a nuisance if such use were of the least restricted classification permitted in such districts.

(Code 1952, § 9226; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-3059, § 3, 2-20-24)

(a)

Purpose. It is recognized that there are some uses which, because of their very nature, are considered as having serious objectionable operational characteristics, particularly when several of them are concentrated under certain circumstances, by having a deleterious effect upon the adjacent areas. Special regulation of these uses is necessary to insure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhood by a concentration of these uses in any one (1) area.

(b)

Uses subject to regulation:

(1)

Adult bookstore as defined in section 41-12.1.

(2)

Adult entertainment businesses as defined in section 41-12.2.

(3)

Adult theaters as defined in section 41-12.4.

(4)

Adult entertainment businesses as defined in section 41-1701.6.

(5)

Bars as defined in section 41-25.5.

(6)

Figure model studios as defined in section 12-120.

(7)

Massage establishments as defined in section 22-1.

(8)

Peep show establishments as defined in section 12-22.

(9)

Adult motels as defined in section 41-12.3.

(c)

It shall be unlawful to hereafter establish any of the uses referred to in subsection (b) within the separation requirement of one thousand (1,000) feet of any other such regulated use.

(d)

None of the uses referred to in subsection (b) may be established within the separation requirement of one thousand (1,000) feet of any property zoned or used for residential, church, school primarily attended by minors, or park purposes.

(Ord. No. NS-1395, § 7, 12-12-77; Ord. No. NS-2209, § 4, 12-20-93; Ord. No. NS-2373, § 3, 12-7-98; Ord. No. NS-2847, § 26, 8-5-13)

The provisions of Section 1094.8 of the California Code of Civil Procedure shall govern any application for administrative mandamus based upon final decisions rendered under the following provisions of this Code:

(a)

Adult businesses, Chapter 41, Article XVII.

(b)

Newsracks, Chapter 33, Article 5.

(c)

Cyber cafes, Section 41-198.200.

(d)

Parades, Chapter 10, Section 10-7 through 10-21

(e)

Special events, Chapter 10, Section 10-22 through 10-22.14.

(Ord. No. NS-2513, § 5, 9-3-02; Ord. No. NS-2528, § 5, 6-2-03)

(a)

Purpose. The city council of the City of Santa Ana finds and determines that the overcrowding of residential dwellings increases noise pollution; traffic congestion in the neighborhood; overburdens the waste and sewage disposal system creating unsanitary conditions; causes a financial burden on the school systems and other public use facilities; and leads to the dilapidation of the housing stock and the general deterioration of the neighborhood.

It is declared to be the purpose and intent of this section to protect the public health, safety and welfare of the community, to maintain the integrity of the city's residential areas, to improve the quality of life for its residents, to prevent the deterioration of neighborhoods, to promote the stability of property values and to impose restrictions upon those activities that would detract from the neighborhood and adversely affect the quality of life and residents.

(b)

Definitions. For the purposes of this section, the following definitions shall apply:

Dwelling unit shall mean any house, condominium or apartment or any portion of a building, structure or portion thereof that is designated for use as a living facility for one (1) person or by two (2) or more persons living together as a single housekeeping unit.

Net floor space shall mean the total number of square feet of floor space in a dwelling unit based upon that dwelling unit's interior dimensions excluding stairwells, halls, closets, bathrooms and kitchens.

(c)

Overcrowding prohibited. No dwelling unit shall be inhabited or allowed to be inhabited in such a manner that it exceeds the maximum occupancy of the dwelling unit. Maximum occupancy shall be determined as follows: For the first two (2) occupants of any dwelling unit, there shall be at least one hundred fifty (150) square feet of net floor space. There shall be at least one hundred (100) square feet of net floor space for every additional occupant thereafter.

(Ord. No. NS-1482, § 2, 4-2-79; Ord. No. NS-2126, § 1, 5-6-91)

Editor's note— This section of the Santa Ana Municipal Code was held to be invalid by the Court in Briseno v. City of Santa Ana (1992) ^{6 Cal. App. 4 th} 1378.

A home occupation is permitted as a use accessory to residential use, provided that it is conducted in compliance with the regulations set forth in section 41-192.2, that a permit has been obtained and remains in effect in accordance with sections 41-192.3 through 41-192.5, and that any business license required by Chapter 21 of this Code has been obtained.

(Ord. No. NS-1654, § 2, 11-1-82)

No person shall conduct any home occupation in violation of any of the following regulations:

(a)

There shall be no signs or other devices identifying or advertising the home occupation.

(b)

There shall be no sales activity, either wholesale or retail, except mail order sales.

(c)

There shall be no work, storage, or display outside of any fully enclosed structure.

(d)

Nothing associated with the home occupation shall alter the residential character of the subject property or nearby residential property.

(e)

There shall be no activity which involves frequent meetings or gatherings of any kind such as may generate traffic and parking congestion, noise, or disturbances beyond that which is normal to residential use. Such uses include but are not limited to photo studios, bail bond uses, or check cashing facilities.

(f)

There shall be no use of any mechanical equipment, appliance, or motor outside of an enclosed building or which generates noise detectable from outside the building in which it is located.

(g)

Only one (1) home occupation shall be conducted on the subject property.

(h)

No more than two (2) persons shall be engaged in the conduct of the home occupation.

(i)

There shall be no dispatching of persons or equipment from the subject property.

(j)

No more than a single vehicle used primarily in the conduct of the business may be parked or stored on the public street nor anywhere on the subject property other than an enclosed garage; and that single vehicle shall comply at all times with the provisions of sections 36-145 and 41-607(h).

(k)

Home occupation activities shall not involve the use of more than one (1) room or four hundred (400) square feet of a dwelling, whichever is more restrictive, and no garage space shall be used for the conduct of any home occupation which interferes with the use of such space for parking of vehicles, if such use for parking of vehicles is necessary to satisfy the off-street parking requirements of this chapter.

(Ord. No. NS-1654, § 3, 11-1-82; Ord. No. NS-2457, § 5, 1-2-01; Ord. No. NS-2661, § 6, 9-20-04)

No person shall conduct a home occupation without having first obtained a home occupation permit from the zoning administrator. Applications for such a permit shall be filed by the occupant of the dwelling with the zoning administrator on such forms as may be provided by the zoning administrator and shall be accompanied by such filing fee as may be set by resolution of the city council. The application shall provide such information and documentation as the director of planning and development services shall, by departmental regulation, determine to be appropriate. The zoning administrator shall issue the home occupation permit if he determines that the home occupation will be conducted in accordance with section 41-192.2 and will not adversely affect the residential character of the subject property or nearby residential properties; otherwise, he shall deny the application. The permit, if granted, shall specifically identify the occupant as permittee and describe the nature of the home occupation thereby allowed. Home occupation permits shall not be transferrable by the designated permittee to any other person.

(Ord. No. NS-1654, § 4, 11-1-82)

The zoning administrator may revoke a home occupation permit, after notice and an opportunity to be heard by the permittee, upon his determination that the home occupation is being conducted contrary to the regulations set forth in section 41-192.2 or in a manner which adversely affects the residential character of the subject property or nearby residential properties.

(Ord. No. NS-1654, § 5, 11-1-82)

Any applicant for a home occupation permit whose application was denied by the zoning administrator, and any permittee whose permit was revoked by the zoning administrator, may, within ten (10) days following such decision, appeal such decision to the planning commission, in which event the decision of the zoning administrator shall be vacated and the planning commission shall determine whether to issue or revoke the permit in accordance with the standards set forth in section 41-192.3 or 41-192.4. The applicant or permittee shall be given at least five (5) days prior written notice by the zoning administrator of the time and place at which the planning commission will consider the application or revocation and shall be provided an opportunity to be heard by the planning commission prior to its decision being made. The zoning administrator or the planning commission may provide such other notice of a hearing on the matter as they deem appropriate. An appeal pursuant to this section shall be filed in writing by the applicant or permittee with the zoning administrator and shall be accompanied by a fee equal to one-half (½) of the original application fee. The decision of the planning commission shall be final with no further right of appeal. Written statements of such decision shall be filed with the clerk of the council and the zoning administrator, and mailed to the applicant or permittee.

(Ord. No. NS-1654, § 6, 11-1-82)

Small and large family daycare facilities as defined and regulated by Health and Safety Code Section 1597.30 through 1597.622 shall be permitted as an accessory use at any residential property, dwelling, or dwelling unit in the city where residential land uses are permitted in any zoning district, specific development zone, specific plan area, or overlay zoning district.

(Ord. No. NS-3038, § 11, 2-7-23)

No person shall conduct, or allow to be conducted, a garage sale on residentially zoned property in violation of the following regulations:

(1)

Garage sales may only be conducted on the first weekend of the months of March, June, September and December, and on such additional weekends as may be designated for permitted garage sales by the city manager. For purposes of this section, "weekend" means Saturday and Sunday. The city manager may designate an additional weekend for permitted garage sales when, in the city manager's opinion, inclement weather prevented garage sales from being effectively conducted on any weekend on which they were permitted.

(2)

Garage sale activity shall be limited to the hours of 8:00 a.m. to 5:00 p.m.

(3)

Garage sale activity may not be conducted in the public sidewalks, parkways, streets or alleys.

(4)

All items sold at a garage sale must be used goods, wares or merchandise of a household nature, from that household, and not acquired elsewhere for resale.

(5)

Garage sale advertising signs may not be posted on telephone poles, streetlights, traffic signs, or any other structure in the public right-of-way. Such signs may not be posted anywhere earlier than one (1) week prior to the first date of the garage sale nor more than one (1) day after the last date of the garage sale.

(Ord. No. NS-2176, § 1, 9-21-92; Ord. No. NS-2218, § 2, 6-20-94; Ord. No. NS-2252, § 1, 6-19-95)

The purpose of this section is to establish regulations for the development of accessory dwelling units and junior accessory dwelling units as defined in this section and in California Government Code sections 66310, et seq., or any successor statute.

(Ord. No. NS-2940, § 5, 4-3-18; Ord. No. NS-2986, § 4, 4-7-20; Ord. No. NS-3076, § 2—5, 2-4-25)

Editor's note— Ord. No. NS-2940, § 5, adopted April 3, 2018, repealed and replaced § 41-194, in its entirety. Former § 41-194 pertained to "Second dwelling units—Standards," and was derived from Ord. No. NS-2629, § 5, adopted June 2, 2003 and Ord. No. NS-2710, § 11, adopted May 1, 2006.

As used in this section, the following words, terms or phrases have the following meanings:

(1)

"Accessory dwelling unit" or "ADU" means an attached or detached residential dwelling unit that provides complete independent living facilities for one (1) or more persons and is located on a lot with a proposed or existing primary residential building. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel that the primary residential building is situated or will be situated. It shall have the same meaning as that term is defined in California Government Code section 66310, et. seq., as amended from time to time.

(2)

"Existing accessory structure" means an accessory structure, as defined in this chapter, which was legally established and existing prior to the submittal of an ADU or JADU application.

(3)

"Existing carport" and "Existing covered parking structure" and "Existing garage" means a building or portion of a building designed or used for parking or storage of motor vehicles that was legally established and existing prior to the submittal of an ADU or JADU application.

(4)

"Existing uncovered parking space" means a parking area without a roof or other structure that is designated for a specific building and that was legally established and existing prior to the submittal of an ADU or JADU application.

(5)

"Junior accessory dwelling unit" or "JADU" means a unit that is no more than five hundred (500) square feet in size, contained entirely within the living area of a single-family residence, provides a cooking facility with appliances, food preparation counter and storage cabinets that are of reasonable size in relation to the unit, and has independent exterior access. A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the existing structure when an interior connection to the primary unit where the sanitation facilities are located is provided.

(6)

"Livable space" means a space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation.

(7)

"Living area" means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure.

(8)

"Mixed-use" for purposes of ADU development means a development that combines residential land use with one (1) or more additional land uses where uses are physically and functionally integrated (horizontally or vertically).

(9)

"Multi-family building" for purposes of ADU development means a building, other than a hotel or motel, with two (2) or more attached dwelling units used to house two (2) or more families, living independently of each other.

(10)

"Public transit" means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.

(11)

"Single-family residence" means a residential building containing one (1) or more habitable rooms with only one (1) kitchen, designed for occupancy by one (1) independent household unit with common access to, and common use of all living, kitchen and bathroom areas.

(12)

"Tandem parking" means that two (2) or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another.

(Ord. No. NS-2940, § 5, 4-3-18; Ord. No. NS-2986, § 4, 4-7-20; Ord. No. NS-3030, § 2, 12-6-22; Ord. No. NS-3076, § 2—5, 2-4-25)

Editor's note— Ord. No. NS-2940, § 5, adopted April 3, 2018, repealed and replaced § 41-194.1, in its entirety. Former § 41-194.1 pertained to "Second dwelling units—Occupation," and was derived from Ord. No. NS-2629, § 5, adopted June 2, 2003.

(A)

ADUs and JADUs may be permitted in all zoning districts where residential or mixed-use development is permitted.

(B)

The executive director of the planning and building agency, or his/her designee, shall review and approve or deny ministerial permits for ADUs and JADUs upon determining whether the application submitted is complete, the proposed unit conforms to all requirements of this Code, and a non-refundable application review fee in the amount established by the city council, and amended from time to time, has been paid. Applications deemed incomplete or not in full conformance with the requirements of this Code will be rejected.

(C)

Lots developed or proposed to be developed with a single-family residence or multiple detached single-family residences shall not be permitted more than one (1) ADU.

(D)

Lots developed with a multi-family building may convert existing square footage within the building not used as livable space to a minimum of one (1) ADU and a maximum that shall not exceed twenty-five (25) percent of the number of units on the lot.

(E)

Lots developed with a multi-family building are, in addition to units permissible by subsection (D), permitted to construct up to eight (8) detached ADUs; however, the number of detached ADUs shall not exceed the number of existing units on the lot. Those detached ADUs may be provided through conversion of existing detached accessory buildings, garages, carports, covered parking structures, new construction, or combination thereof.

(F)

Lots proposed to be developed with a multi-family building are permitted to construct up to two (2) detached ADUs.

(G)

A maximum of one (1) JADU shall be permitted on a lot developed or proposed to be developed with a single-family residence. For purposes of this paragraph, non-habitable spaces attached to or within the primary residence, such as an attached garage, is considered a part of the proposed or existing single-family residence and may be converted into a JADU. Lots with multiple detached single-family residences are not eligible to have a JADU.

(H)

An ADU shall only be sold or otherwise conveyed separately from the primary building on the lot if the primary building and the ADU were built or developed by a qualified non-profit corporation in accordance with Government Code Section 65852.26, as amended from time to time, and an affordable housing agreement is entered into by the applicant and the city.

(Ord. No. NS-2940, § 5, 4-3-18; Ord. No. NS-2986, § 4, 4-7-20; Ord. No. NS-3030, § 3, 12-6-22; Ord. No. NS-3076, § 2—5, 2-4-25)

Editor's note— Ord. No. NS-2940, § 5, adopted April 3, 2018, repealed and replaced § 41-194.2, in its entirety. Former § 41-194.2 pertained to "Second dwelling units—Fees," and was derived from Ord. No. NS-2629, § 5, adopted June 2, 2003.

The development standards in Table 41-194.3 shall be applicable to all ADUs and JADUs. Additional provisions related to ADUs and JADUs are referenced in the "Additional Provisions" column of the table. Such provisions may include references to other applicable code sections or limitations.

City of Santa Ana Municipal Code Table 41-194.3

(A)

Attached ADUs shall not exceed fifty (50) percent of the size of the habitable space of the primary residence on the lot. Attached ADUs may only exceed fifty (50) percent of the size of the habitable space of the primary dwelling to accommodate an ADU up to eight hundred (800) square feet in size. In no case shall the attached ADU exceed one thousand (1,000) square feet in size.

(B)

ADUs may not exceed eight hundred (800) square feet in size in cases where both an ADU and JADU are developed or proposed on a lot.

(C)

Existing accessory structures may be converted into an ADU and may be expanded by up to one hundred fifty (150) square feet of the existing footprint. Development standards applicable to new ADUs shall not apply to one hundred fifty (150) square foot expansions. If an expansion of an accessory structure beyond one hundred fifty (150) square feet is proposed, the ADU shall be subject to and comply with all development standards applicable to a new ADU.

(D)

The conversion of an existing accessory structure or a portion of the existing primary residence to an ADU is not subject to size limits.

(E)

Detached ADUs shall not exceed two (2) stories or twenty (20) feet in height, as measured from the lowest adjacent grade of the structure to the highest point of the roof on the structure. The conversion of an existing accessory structure or a portion of the existing primary residence to an ADU is not subject to height requirements.

(F)

An ADU may encroach into the required front yard setback to permit an ADU up to eight hundred (800) square feet in size. The conversion of an existing accessory structure or a portion of the existing primary residence to an ADU is not subject to setback requirements.

(G)

No minimum setback shall be required for an ADU constructed in the same location and to the same dimensions as an existing structure that encroached into a required setback that was demolished to construct the proposed unit.

(H)

Lot coverage and use intensity maximum established in zoning district may be exceeded to permit an ADU up to eight hundred (800) square feet in size. The conversion of an existing accessory structure or a portion of the existing primary residence to an ADU is not subject to lot coverage requirements.

(I)

Required open space may be reduced to permit an ADU up to eight hundred (800) square feet in size. Open space requirement shall only apply to properties developed or proposed to be developed with a single-family residence. The conversion of an existing accessory structure or a portion of the existing primary residence to an ADU is not subject to open space requirements.

(J)

Shall be usable, continuous, non-front yard open-space, excluding driveways and parking areas. Any open space with a minimum dimension of fifteen (15) feet by fifteen (15) feet shall be deemed continuous open space.

(K)

Separation requirement may be reduced to permit an ADU up to eight hundred (800) square feet in size. Separation shall be measured from the nearest points between the structures. The conversion of an existing accessory structure or a portion of the existing primary residence to an ADU is not subject to separation requirements.

(L)

No parking for the ADU is required if one (1) or more of the following applies:

1.

The ADU is located within one-half (½) mile walking distance of public transit.

2.

The ADU is located within an architecturally and historically significant historic district.

3.

The ADU is part of the proposed or existing primary residence or an existing accessory structure.

4.

When on-street parking permits are required but not offered to the occupant of the ADU.

5.

When there is a car share vehicle located within one (1) block of the ADU.

6.

The ADU is constructed as a studio, without bedrooms.

7.

When a permit application for an ADU is submitted with a permit application to create a new single-family residence or a new multifamily residence on the same lot, provided that the ADU or the lot satisfies any other criteria listed in items 1. through 6. above.

(M)

When an existing garage, carport, covered parking structure, or uncovered parking space is demolished in conjunction with the construction of an ADU, or converted to an ADU, replacement of those off-street parking spaces shall not be required. If an existing garage, carport, or other covered parking structure is demolished in conjunction with the construction of an ADU, the demolition permit shall be issued at the same time as the permit for the ADU.

(Ord. No. NS-2986, § 4, 4-7-20; Ord. No. NS-3030, § 4, 12-6-22; Ord. No. NS-3076, § 2—5, 2-4-25)

Editor's note— Ord. No. NS-2986, § 4, adopted April 7, 2020 repealed § 41-194.3 and enacted a new § 41-194.3 as set out herein. Former § 41-194.3 pertained to permitted zones and derived from Ord. No. Ord. No. NS-2940, § 5, adopted April 3, 2018.

ADUs and JADUs shall conform to the United States Secretary of Interior's Official Standards for the Treatment of Historic Properties.

(Ord. No. NS-2986, § 4, 4-7-20)

Editor's note— Ord. No. NS-2986, § 4, adopted April 7, 2020 repealed § 41-194.4 and enacted a new § 41-194.4 as set out herein. Former § 41-194.4 pertained to use restrictions and derived from Ord. No. Ord. No. NS-2940, § 5, adopted April 3, 2018.

Prior to issuance of a building permit for a JADU, a covenant consenting that either the primary dwelling unit or the JADU be owner-occupied shall be recorded against the title of the property in the county recorder's office and a copy filed with the planning division. Said covenant shall run with the land, and shall bind all future owners, heirs, successors, or assigns. The form of the deed restriction shall be provided by the city and shall provide that:

1.

The JADU shall not be sold separately from the primary dwelling.

2.

The unit is restricted to the approved size and attributes of this chapter.

3.

The covenant restrictions run with the land and may be enforced against future purchasers.

4.

The covenant restrictions may be removed if the owner eliminates the JADU.

5.

The covenant restriction shall be enforced by the executive director of planning and building or his or her designee for the benefit of the City of Santa Ana. Failure of the property owner to comply with the covenant restrictions may result in legal action against the property owner and the city shall be authorized to obtain any remedy available to it at law or equity, including, but not limited to, obtaining an injunction enjoining use of the JADU in violation of the recorded restrictions or abatement of the illegal unit.

(Ord. No. NS-2986, § 4, 4-7-20)

Editor's note— Ord. No. NS-2986, § 4, adopted April 7, 2020 repealed § 41-194.5 and enacted a new § 41-194.5 as set out herein. Former § 41-194.5 pertained to general development standards and derived from Ord. No. NS-2940, § 5, adopted April 3, 2018.

Any person wanting to appeal the determination of the executive director of the planning and building agency, or his/her designee, to disapprove plans and drawings submitted pursuant to section 41-194, et seq., or to the standards of section 41-194, et seq., may file an application for a minor exception pursuant to Article V of this chapter.

(Ord. No. NS-2986, § 4, 4-7-20)

Editor's note— Ord. No. NS-2986, § 4, adopted April 7, 2020 repealed § 41-194.6 and enacted a new § 41-194.6 as set out herein. Former § 41-194.6 pertained to development standards—detached accessory dwelling units and derived from Ord. No. NS-2940, § 5, adopted April 3, 2018.

ADUs and JADUs must comply with any and all applicable regulations imposed in other articles of the zoning code, other city ordinances and state and federal law. Should a conflict exist between the provisions of this article and the provisions of other articles of Chapter 41 of this Code, the provisions of this article shall prevail.

(Ord. No. NS-2986, § 4, 4-7-20; Ord. No. NS-3030, § 5, 12-6-22)

Editor's note— Ord. No. NS-2986, § 4, adopted April 7, 2020 repealed § 41-194.7 and enacted a new § 41-194.7 as set out herein. Former § 41-194.7 pertained to development standards—attached accessory dwelling units and derived from Ord. No. NS-2940, § 5, adopted April 3, 2018.

Editor's note— Ord. No. NS-2986, § 4, adopted April 7, 2020 repealed § 41-194.8. Former § 41-194.8 pertained to development standards—conversion of an existing structure and derived from Ord. No. NS-2940, § 5, adopted April 3, 2018.

Editor's note— Ord. No. NS-2986, § 4, adopted April 7, 2020 repealed § 41-194.9. Former § 41-19498 pertained to parking and derived from Ord. No. NS-2940, § 5, adopted April 3, 2018.

Editor's note— Ord. No. NS-2986, § 4, adopted April 7, 2020 repealed § 41-194.10. Former § 41-194.10 pertained to parking exceptions and derived from Ord. No. NS-2940, § 5, adopted April 3, 2018.

Editor's note— Ord. No. NS-2986, § 4, adopted April 7, 2020 repealed § 41-194.11. Former § 41-194.11 pertained to non-conforming properties and derived from Ord. No. NS-2940, § 5, adopted April 3, 2018.

Editor's note— Ord. No. NS-2986, § 4, adopted April 7, 2020 repealed § 41-194.12. Former § 41-194.12 pertained to restrictive covenant and derived from Ord. No. NS-2940, § 5, adopted April 3, 2018. Similar provisions can now by found in § 41-194.5.

Editor's note— Ord. No. NS-2986, § 4, adopted April 7, 2020 repealed § 41-194.13. Former § 41-194.13 pertained to appeals of planning manager or zoning administrator decision and derived from Ord. No. NS-2940, § 5, adopted April 3, 2018.

Editor's note— Ord. No. NS-2986, § 4, adopted April 7, 2020 repealed § 41-194.14. Former § 41-194.14 pertained to applicability to other regulations and derived from Ord. No. NS-2940, § 5, adopted April 3, 2018. Similar provisions can now by found in § 41-194.7.

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 structures.

(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, 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)

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 41-366.

(9)

Any business use: Outdoor vending machines that are in compliance with section 41-198.300.

(Ord. No. NS-1708, § 2, 12-19-83; Ord. No. NS-2374, § 3, 12-7-98; Ord. No. NS-2450, § 1, 10-16-00; Ord. No. NS-2487, § 4, 2-4-02; Ord. No. NS-2635, § 4, 8-4-03)

Editor's note— Ord. No. NS-1708, § 2, amended Ch. 41 by adding provisions designated § 41-194 which provisions were redesignated § 41-195 by the City inasmuch as § 41-194 had previously been added by Ord. No. NS-1701.

Notwithstanding any other provision of this chapter, the following activities may be conducted in any C1, C1-MD, C2, C4, C5, M1, 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 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. 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 C1-MD district, may 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.

b.

Rummage sales, promotional events, sidewalk or 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 set up 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.

f.

Carnivals, circuses, radio or d.j. remotes and outdoor music concerts, provided 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-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.

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.

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 30-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 representatives including police, fire, public works, or downtown development.

g.

Temporary outdoor activities where alcohol sale or and/or consumption is allowed.

1.

All cooking: equipment (grills, barbecues, etc.) must be turned off one-half (½) 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 subsection 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.

6.

No more than two (2) 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.

7.

The server is prohibited from selling alcoholic beverages to an obviously intoxicated person.

8.

The server is prohibited from consuming alcoholic beverages.

9.

The sale, service and consumption of alcoholic beverages shall cease one (1) hour prior the end of the activity.

h.

Farmers markets, provided the activities do not occur on the same lot more frequently that fifty-two (52) days in any one-year period, do not continue on the same lot for more that two (2) successive days, do not begin earlier than 7:00 a.m. and do not continue past 11:00 p.m.

1.

On-site circulation shall be maintained in a manner that will assure emergency vehicle circulation.

2.

Adequate trash containers and toilet facilities shall be provided during the hours of operation.

3.

The lot or portion of the lot used for market activities shall be cleaned at the close of the day. For the purpose of this section only, "cleaned" shall include, but not be limited to: the removal of stalls, retail items, debris, and trash used or generated in conjunction with market activities.

i.

Mobile and temporary tattoo and/or body art events, 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 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.

j.

All temporary outdoor activities shall be subject to the following:

1.

The applicant must provide a minimum number of state licensed, 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 city police officers may be required in addition to the security guards. The applicant will bear the cost of the police officers.

2.

Security guards must carry a cellular phone.

3.

All personnel serving as security guards must wear attire such as a jacket, shirt, vest, etc., that clearly identifies them as security.

4.

All security personnel shall have equipment enabling two-way communication with other security personnel.

5.

The applicant shall be required to pay for any additional police services that may result from the activity.

6.

Noise levels generated by the activity must remain under specified levels set forth in this Code.

7.

The sale of tickets must cease thirty (30) minutes prior to the closure of the activity daily.

(Ord. No. NS-1732, § 4, 6-25-84; Ord. No. NS-2120, § 1, 5-6-91; Ord. No. NS-2461, § 2, 2-20-01; Ord. No. NS-2803, § 4, 6-21-10; Ord. No. NS-2847, § 27, 8-5-13; Ord. No. NS-2931, § 5, 11-21-17)

(a)

Conditional use permit required. Except as provided in subsection (b), no establishment may sell alcoholic beverages for either on-site or off-site consumption unless a conditional use permit has been approved for such establishment pursuant to Article V of this chapter. Prior to the public hearing for the approval of said conditional use permit, the establishment must be in compliance with all provisions of Chapter 41.

(b)

Land use certificates for incidental alcohol sales. A land use certificate may be issued pursuant to the requirements of Section 41-675 for an establishment which serves alcoholic beverages for either on-site or off-site consumption only if the establishment falls within one (1) of the following categories:

(1)

Club or lodge establishments where admittance is limited to members and guests invited by members and where the sale of alcoholic beverages is clearly incidental to other activities conducted on the premises.

(2)

Florists shops offering the sale of a bottle of an alcoholic beverage together with a floral arrangement.

(c)

Alcohol storage and display area for off-sale establishments. No off-sale establishment under ten thousand (10,000) square feet shall have a combined alcohol storage and display area that exceeds five (5) per cent of the gross floor area of the store area.

(d)

Separation requirement for off-sale establishments under ten thousand (10,000) square feet. No off-sale establishment may be granted a conditional use permit for the sale of alcoholic beverages if any of the following conditions apply:

(1)

The proposed establishment is within one thousand (1,000) linear feet of an existing off-sale alcohol license as measured from the primary entrance of one (1) establishment to the primary entrance of the other establishment.

(2)

The proposed establishment is within one thousand (1,000) linear feet of any property used as a school primarily attended by minors, for a religious institution or for park purposes as measured from the door of one (1) establishment to the door of the other use(s).

(3)

The proposed establishment is determined to be over concentrated by the State Department of Alcohol Beverage Control as defined in Business and Professions Code Section 23958.4.

(e)

Finding of public convenience or necessity for off-sale establishments under ten thousand (10,000) square feet located within an area of undue concentration. If the proposed off-sale establishment is located within an area deemed to have an undue concentration of off-sale alcohol licenses pursuant to the State Department of Alcoholic Beverage Control, the city may, at its discretion, prepare a letter of public convenience or necessity to allow the alcohol license pursuant to the process contained in Section 41-645.5. However, conditions (1) and (2) of Section 41-196(d) may not be waived.

(f)

Operational standards for off-sale establishments. The following operational standards shall be included in the conditions of approval for the conditional use permit required pursuant to Section 41-196:

(1)

No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee.

(2)

The applicant shall be responsible for maintaining free of litter the area adjacent to the premises over which he or she has control.

(3)

There shall be no exterior advertising of any kind or type, including window signs or other signs visible from outside, promoting or indicating the availability of alcoholic beverages on the premises.

(4)

There shall be no coin-operated games maintained on the premises at any time.

(5)

All public telephones shall be located on the interior of the premises.

(6)

Any graffiti painted or marked upon the premises or on any adjacent area under the control of the applicant shall be removed or painted over within twenty-four (24) hours of being applied.

(7)

The applicant shall post a placard prohibiting loitering, pursuant to California Penal Code ("CPC") Section 602, on the exterior of the premises.

(8)

It shall be the applicant's responsibility to ensure that CPC Section 602 is complied with at all times that the premises are in operation.

(9)

The applicant shall at all times utilize an age verification device for all purchases of alcoholic beverages.

(10)

The owner or manager of the licensed premises shall maintain on the premises a written security policy and procedures manual, that has been approved by the Police Department, addressing at a minimum the following items; handling obviously intoxicated persons; establishing a reasonable ratio of employees to patrons, based upon activity level, in order to monitor beverage sales and patron behavior; handling patrons involved in fighting, arguing or loitering about the building and in the immediate adjacent area that is owned, leased, rented or used under agreement by the licensee(s); verifying age/checking identification of patrons; calling the police regarding observed or reported criminal activity.

(11)

If there is a marked or noticeable increase in the number of police-related incidents on or near the premises, as such increase may be determined by the chief of police, the applicant may be required to provide state-licensed, uniformed security guards at a number determined by the chief of police.

(12)

All managers and employees selling alcoholic beverages shall undergo and successfully complete a certified training program in responsible methods and skills for selling alcoholic beverages. The California Department of Alcoholic Beverage Control must approve said training program. Records of each employee's successful completion of the certified training program required by this section shall be maintained on the premises of the alcoholic beverage outlet and shall be presented upon request by a representative of the City of Santa Ana.

(13)

Alcoholic beverages in containers of less than sixteen (16) ounces cannot be sold by single containers, but must be sold in pre-packaged multi-unit quantities.

(14)

The sales of alcoholic beverages shall be permitted only between the hours of 7:00 a.m. and 12:00/midnight each day of the week unless otherwise modified by the granting of an after-hours conditional use permit.

(15)

Existing building and required parking must conform to the provisions of Chapter 8, Article II, Division 3 of the Santa Ana Municipal Code (building security ordinance). These code conditions will require that the existing project lighting, door/window locking devices and addressing be upgraded to current code standards. Lighting standards cannot be located in required landscape planters.

(16)

Cash register must be visible from the street at all times and shall not be obstructed at any time by temporary or permanent signage.

(17)

Window displays must be kept to a minimum for maximum visibility and shall not exceed twenty-five (25) per cent of window coverage.

(18)

Window displays and racks must be kept to a maximum height of three (3) feet including merchandise.

(19)

A timed-access cash controller or drop safe must be installed.

(20)

A silent armed robbery alarm must be installed and operable at all times.

(21)

Clearly distinguishable height markers shall be installed on the inside door jamb of all doors used by the public to access the store. Horizontal marks, one (1) inch wide by three (3) inch long, in different colors, and in a contrasting color to the background, shall be placed every six (6) inches beginning at five (5) feet and ending at six (6) feet six (6) inches.

(22)

No person under the age of twenty-one (21) shall sell or deliver alcoholic beverages.

(23)

A closed-circuit television system shall be provided and approved by the police department and shall be capable of viewing and recording events inside and outside the premises including the parking areas with a resolution which will clearly identify individuals for later identification as follows:

(a)

A minimum of one (1) color camera at each cash register that views the front of a customer, from the waist to the top of the head.

(b)

A minimum of one (1) color camera that views the full length side of a customer at the cash register area.

(c)

A color camera recorder capable of recording events on all cameras simultaneously.

(d)

A tape or disc storage library of recorded cameras kept for a minimum of sixty (60) days.

(e)

If video tape is used, tapes cannot be taped over more than six (6) times.

(f)

An audio recording component that will record sounds occurring at the customer counter.

(g)

An internet protocol (IP)-based system is required.

(24)

It shall be the operator's responsibility to submit a shopping cart containment plan pursuant to SAMC Section 33.210.

(25)

The operator shall be responsible for obtaining all necessary permits for building tenant and freestanding signs. This shall include any window signs and temporary banners.

(g)

Operational standards for on-sale establishments. The following operational standards shall be included in the conditions of approval for the conditional use permit required pursuant to Section 41-196(a).

(1)

The premises shall at all times be maintained as a bona-fide eating establishment as defined in Section 23038 of the California Business and Professions Code and shall provide a menu containing an assortment of foods normally offered. The premises must have suitable kitchen facilities and supply an assortment of foods commonly ordered at various hours of the day. Full and complete meals must be served whenever the privileges of the on-sale license are being exercised.

(2)

There shall be no fixed bar or lounge area upon the premises maintained for the sole purpose of sales, service or consumption of alcoholic beverages directly to patrons. A fixed bar or lounge may be permitted if patrons may order food being offered to the general patrons of the eating establishment.

(3)

The sales, service, and consumption of alcoholic beverages shall be permitted only between the hours of 7:00 a.m. and 12:00 a.m. unless otherwise amended by the granting of a conditional use permit for after-hours operations pursuant to Santa Ana Municipal Code Chapter 41.

(4)

It shall be the applicant's responsibility to ensure that no alcoholic beverages are consumed on any property adjacent to the licensed premises under the control of the applicant, with the exception of any enclosed patio areas.

(5)

The applicant or an employee of the licensee must be present to monitor all areas of the establishment, including outdoor patios, during all times that alcoholic beverages are being served or consumed.

(6)

All employees serving alcoholic beverages must complete responsible beverage service training, or an equivalent approved by the State Department of Alcoholic Beverage Control, prior to being able to serve alcoholic beverages to patrons. Evidence of the completion of such training must be maintained on the premises and available for inspection upon request by the city.

(7)

During those times when patrons are restricted to twenty-one (21) years of age or older, the applicant shall at all times utilize an age verification means or device for all purchases of alcoholic beverages. Such verification of age is not intended to discriminate against patrons based on race, ethnicity or legal status, but only to comply with state law restricting the sale of alcohol to those twenty-one (21) and older.

(8)

Queuing lines shall be managed in an orderly manner and all disruptive and/or intoxicated patrons shall be denied entry. The business owner, or his designee, shall be responsible for monitoring the queuing lines at all times.

(9)

The outdoor queuing line shall not block public walkways or obstruct the entry or exit doors of adjacent businesses. Stanchions or barriers must be used to maintain order at all times the queue exceeds twenty-five (25) patrons. All stanchions or barriers located on public property must be approved by the public works agency.

(10)

Employees and contract security personnel shall not consume any alcoholic beverages during their work shift, except for product sampling for purposes of employee education about new products. Under no circumstances may contract security personnel consume alcoholic beverages during their work shift.

(11)

There shall be no exterior advertising of any kind or type, including window signs or other signs visible from outside, that promote or indicate the availability of alcoholic beverages on the premises. Interior displays of alcoholic beverages or signs, which are clearly visible to the exterior, shall constitute a violation of this condition. Permissible window displays must be kept to a minimum for maximum visibility and shall not exceed twenty-five (25) per cent of window coverage. Floor displays shall not exceed three (3) feet in height.

(12)

There shall be no promotions encouraging intoxication or drinking contests or advertisements indicating "buy one (1) drink, get one (1) free", "two (2) for the price of one (1)", or "all you can drink for..." or similar language.

(13)

Any pool tables, amusement machines or video games maintained on the premises at any time must be reviewed and approved in a security plan submitted to the chief of police.

(14)

Live entertainment, including, but not limited to, amplified music, karaoke, performers and dancing, shall be subject to the issuance of an entertainment permit pursuant to Santa Ana Municipal Code ("SAMC") Chapter 11 — Entertainment, and shall comply with all of the standards contained therein. Notwithstanding this requirement, music/noise shall not be audible beyond twenty (20) feet from the exterior of the premises in any direction.

(15)

Neither the applicant, nor any person or entity operating the premises with the permission of the applicant, shall violate the City's adult entertainment ordinance contained in SAMC Section 12-1 and 12-2.

(16)

The premises shall not be operated as an adult entertainment business as such term is defined in SAMC Section 41-1701.6.

(17)

The applicant(s) shall be responsible for maintaining free of litter the area adjacent to the premises under the control of the licensee.

(18)

There shall be no public telephones located on the exterior of the premises. All interior pay phones must be designed to allow outgoing calls only.

(19)

Any graffiti painted or marked upon the premises or on any adjacent area under the control of the licensee(s) shall be removed or painted within twenty-four (24) hours of being applied.

(20)

Existing bona fide eating establishment and required parking must conform to the provisions of Chapter 8, Article II, Division 3 of the Santa Ana Municipal Code (Building Security Ordinance). These code conditions will require that the existing project lighting, door/window locking devices and addressing be upgraded to current code standards. Lighting standards cannot be located in required landscape planters. Prior to issuance of letter of approval to the Alcohol Beverage Control Board, this condition must be complied with.

(21)

A timed-access cash controller or drop safe must be installed.

(22)

Install a silent armed robbery alarm.

(23)

The owner or manager of the licensed premises shall maintain on the premises a written security policy and procedures manual, that has been approved by the police department, addressing at a minimum the following items:

(a)

Procedures for handling obviously intoxicated persons.

(b)

The method for establishing a reasonable ratio of employees to patrons, based upon activity level, in order to ensure adequate staffing levels to monitor beverage sales and patron behavior.

(c)

Procedures for handling patrons involved in fighting, arguing or loitering about the building, and/or in the immediate adjacent area that is owned, leased, rented or used under agreement by the licensee(s).

(d)

Procedures for verifying the age of patrons for purposes of alcohol sales.

(e)

Procedures for ensuring that servers monitor patrons to ensure that their drinking limit/potential intoxication is not exceeded. This procedure should include a description of the procedure the server would use to warn, or refuse to serve, the patron.

(f)

Procedures for calling the police regarding observed or reported criminal activity.

(g)

Procedures for management of queuing lines.

(h)

The location and description of any video games proposed to be on the premises.

(24)

The operator shall be responsible for submitting a detailed outdoor fencing and dining plan where outdoor dining is proposed as part of the business operation. If the proposed dining area or fencing is in the public right-of-way, the applicant must obtain all required permits and approvals from the Public Works Agency.

(25)

Combined alcohol storage and display areas shall not exceed five (5) percent of the gross floor area of the licensed establishment.

(Ord. No. NS-1729, § 1, 6-4-84; Ord. No. NS-1859, § 1, 10-20-86; Ord. No. NS-1945, § 1, 1-4-88; Ord. No. NS-1994, § 1, 2-21-89; Ord. No. NS-2334, § 2, 11-3-97; Ord. No. NS-2847, § 28, 8-5-13; Ord. No. NS-2987, § 3, 4-21-20)

(a)

Conditional use permit required. No concert venue, as defined in Section 41-44.5, may operate as a commercial use unless a conditional use permit has been approved for such establishment pursuant to Article V of this Chapter. Prior to the public hearing for the approval of said conditional use permit, the establishment must be in compliance with all provisions of Chapter 41.

(b)

Operational standards for concert venues. The following operational standards shall be included in the conditions of approval for the conditional use permit required pursuant to Section 41-196.2:

(1)

The owner or manager of the licensed premises shall maintain on the premises a written security policy and procedures manual, that has been approved by the police department, addressing at a minimum the following items:

(A)

Procedures for handling obviously intoxicated persons.

(B)

The method for establishing a reasonable ratio of employees to patrons, based upon activity level, in order to ensure adequate staffing levels to monitor beverage sales and patron behavior.

(C)

Procedures for handling patrons involved in fighting, arguing or loitering about the building, and/or in the immediate adjacent area that is owned, leased, rented or used under agreement by the licensee(s).

(D)

Procedures for verifying the age of patrons for purposes of alcohol sales.

(E)

Procedures for ensuring that servers monitor patrons to ensure that their drinking limit/potential intoxication is not exceeded. This procedure should include a description of the procedure the server would use to warn, or refuse to serve, the patron.

(F)

Procedures for calling the police regarding observed or reported criminal activity.

(G)

Procedures for management of queuing lines.

(H)

The location and description of any video games proposed to be on the premises.

(I)

A fully-dimensioned site plan showing:

(i)

The posting locations of any required security guards;

(ii)

The location of all emergency exits;

(iii)

The location of primary entrances and exits for patrons;

(iv)

The location and square footage of the alcohol storage area;

(v)

The dimensions and locations of the dance floor(s), stage(s) and fixed bar(s);

(vi)

The location of the designated queuing area including the location of any stanchions;

(vii)

The location of all cameras for the required closed circuit television system (CCTV);

(viii)

Occupancy standards and approvals from the building department and Orange County Fire Authority;

(ix)

Additional items as required to be indicated as determined necessary by the city manager, or designee.

(J)

Procedures for counting the number of occupants entering and exiting the venue for purposes of enforcing established occupancy limits.

(K)

Procedures for the provision of alternate transportation services to patrons. This may include procedures for access to a telephone, the provision of a list of taxi services, or other service that will ensure the safe travel of any patron, particularly those who are intoxicated, in leaving the establishment.

(L)

Procedures for requiring the use of wristbands to indicate patrons' ages to identify those who are twenty-one (21) years of age and older.

(2)

Any pool tables, amusement machines or video games maintained on the premises at any time must be reviewed and approved in the security plan. Any pool or billiard tables will be subject to the provisions of Santa Ana Municipal Code Chapter 29 — Pool and Billiards.

(3)

Neither the responsible party for the permitted establishment, nor any person or entity operating the premises with the permission of the responsible party, shall violate the city's adult entertainment ordinance contained in Santa Ana Municipal Code Section 12-1 and 12-2.

(4)

The premises shall not be operated as an adult entertainment business as such term is defined in Santa Ana Municipal Code Section 41-1701.6.

(5)

Persons who appear obviously intoxicated shall not be admitted into the venue.

(6)

Employees shall not consume any alcoholic beverages during their work shift, except for product sampling for purposes of employee education about new products. Under no circumstances may contract security personnel consume alcoholic beverages during their work shift.

(7)

Music/noise shall not be audible beyond twenty (20) feet from the exterior of the premises in any direction.

(8)

There shall be no public telephones located on the exterior of the premises. All interior pay phones must be designed to allow outgoing calls only.

(9)

Any graffiti painted or marked upon the premises or on any adjacent area under the control of the responsible party for the permitted establishment shall be removed or painted within twenty-four (24) hours of being applied.

(10)

It shall be the permitted establishment's obligation to ensure that California Penal Code section 602 — Trespassing is complied with at all times that the premises are in operation.

(11)

The responsible party for the permitted establishment shall be responsible for maintaining free of litter the area adjacent to the premises under the control of the licensee.

(12)

In no event shall the applicant allow the number of occupants to exceed the posted maximum occupancy.

(13)

Existing venue and required parking must conform to the provisions of Chapter 8, Article II, Division 3 of the Santa Ana Municipal Code (building security ordinance). These code conditions will require existing project lighting may require upgrading and new lighting must meet current code standards. Lighting standards cannot be located in required landscape planters where they may become obscured by the mature canopy growth of trees.

(14)

Cash register(s) must be visible from the street at all times and shall not be obstructed at any time by temporary or permanent signage or other mitigation agreed upon with the police department.

(15)

Window displays must be kept to a minimum for maximum visibility and shall not exceed twenty-five (25) per cent of window coverage.

(16)

Window displays and racks must be kept to a maximum height of three (3) feet including merchandise.

(17)

A timed-access cash controller or drop safe must be installed or other mitigation measures agreed upon with the police department.

(18)

Installation of a silent armed robbery alarm or other mitigation measures agreed upon with the police department.

(19)

The permittee is ultimately responsible for all activity on the premises.

(20)

The permit is non-transferable. The permit cannot be transferred to a new owner/operator, under a sublease or by a subcontractor.

(21)

Except in case of emergency, the responsible party for the permitted establishment shall not permit its patrons to enter or exit the licensed premises through any entrance/exit other than the primary entrance/exit, excluding entrances/exits from enclosed patio areas. Steps shall be taken by the responsible party for the permitted establishment to discourage unauthorized exiting.

(22)

The police department will require uniformed, state-licensed security guards and/or Santa Ana police officers, at the owner's expense, to perform crowd control inside and outside of the establishment, based upon the type of activities anticipated at the location or based upon prior history of activity at this establishment or other similar businesses. These security guards will be deployed as per the agreed upon, security policies and procedures manual that has been approved by the police department. At a minimum and at all times, entertainment is being offered, the applicant shall employ a minimum of one (1) uniformed, state licensed security guard for every one hundred (100) persons in attendance per event, for keeping the peace. Mandated security officers will be required to use a radio frequency and communication equipment that is specified by the police department. Radios and communication equipment will be provided by the establishment at the establishment's cost. Guards will be required to provide escort service to patrons of the establishment if requested, insofar as the guard is not off the premises for more than ten (10) minutes. Mandated security guards will be required to participate in mutual aid activities with the police department and other guard companies at the direction of the police department. This may include the adoption of mutual aid communications as well as attendance at information sharing meetings. It is the responsibility of the permittee to keep copies and associated records of all individuals acting as private security for the establishment, which illustrate their state-licensed certification. These copies/records shall be readily accessible and provided to Santa Ana police personnel twenty-four (24) hours a day upon request.

(23)

An electronic incident log shall be maintained at the licensed premises on a continual basis with at least one (1) year of entries and be readily available for inspection by a police officer. The log is for recording any physical altercations, injuries, and objectionable conditions that constitute a nuisance occurring in, on, or at the licensed premises, including the immediately adjacent area that is owned, leased, or rented by the licensee. The log will indicate date, time, description of incident, and action taken. "Objectionable conditions that constitute a nuisance" means disturbance of the peace, public drunkenness, drinking in public, harassment of passersby, gambling, prostitution, loitering, public urination, lewd conduct, drug trafficking, excessive loud noise, etc.

(24)

Contract security services, proprietary security personnel, or personnel assuming the functions typically associated with security shall be familiar with the establishment's written police department approved security policies and procedures by reviewing them and signing that they have read and understood the policy. The signed acknowledgement shall be kept in a file relating to the security manual and shall be made available to the police department upon request.

(25)

Security personnel required by the entertainment permit issued for the entertainment venue shall be in a uniform or clothing, which is readily identifiable as a security person. Security uniform standards will be included in the security policy and procedures manual and will not be the same colors as the police department's. They shall maintain order and enforce the establishment's no loitering policy, and shall take "reasonable steps" (as that term is defined in subparagraph (3) of Section 24200 of the California Business and Professions Code) to correct objectionable conditions that constitute a nuisance.

(26)

If there is an increase of twenty-five (25) per cent in the number of police-related incidents on or near the premises, the permittee shall increase the number of uniformed, state-licensed security guards to a total number of guards as determined by the chief of the police department.

(27)

In addition to the above number of state-licensed uniformed security guards, the applicant shall provide a minimum of one (1) state-licensed uniformed security guard to ensure patron safety when going to and from the required parking for the venue whether on-site or off-site. Said guard is specifically assigned to this function until all activity on the premises has ceased and patrons have cleared the parking area.

(28)

For any concert/live entertainment event where attendance exceeds 400 persons, it shall be the permittee's responsibility to pay for a minimum of two (2) uniformed Santa Ana police officers to work the event and ensure public safety. If the proposed event is deemed to have special circumstances by the police department, the chief of police or his authorized representative may increase the number of required police officers to ensure public safety. The officer costs shall be the Permittee's responsibility to include, at a minimum one-half (½) hour prior to, during, and one-half (½) hour after the time the event is scheduled to end or until all patrons have left the premises and parking areas. Law enforcement presence is required at a minimum of four (4) hours for each officer assigned to the venue.

(29)

The permittee will be responsible for verifying the age of those wishing to purchase and/or consume alcoholic beverages in order to ensure that the business is in compliance with state law restricting the age of the sales and consumption of alcohol to those twenty-one (21) years of age and older. This verification process may include such techniques as, the manual checking of identification by a trained employee, the use of an identification scanner or similar device, or other method as approved in the security plan. This condition is not intended to be used as a means to discriminate against patrons based on race, ethnicity or legal status.

(30)

The owner/operator shall provide a closed circuit television system approved by the police department and capable of viewing and recording events on the property and inside the premises with a resolution that will clearly identify individuals for later identification. This system will be clearly identified within the agreed upon security policy and procedures manual. Camera system components shall include:

(A)

A minimum of one (1) color camera at each police department specified location.

(B)

A color camera recorder or digital system capable of recording events on all cameras simultaneously.

(C)

Provide an IP-based system.

(31)

The permittee shall submit a monthly activity schedule to the police department. The schedule must include a brief synopsis of the type of venue, hours of the venue, artist(s) names and expected attendance. The submission must be via e-mail and must be received thirty (30) days prior. Updates to the proposed schedule must be sent immediately.

(32)

A ticket manifest for an event shall be provided, on demand, to an authorized police department representative, if requested. The ticket manifest must clearly outline the total number of tickets sold for said event. It is generally understood that the industry standard is to utilize an electronic ticketing system. Authorization by the police department to access this online electronic system is the preferred method.

(33)

Queuing lines shall be managed in an orderly manner and all disruptive and intoxicated patrons shall be denied entry. The business owner or his designate shall be responsible for monitoring and managing the queuing lines at all times. Food or alcohol may not be served to patrons waiting to enter the establishment.

(34)

The outdoor queuing line shall not block public walkways or obstruct the entry or exit doors of adjacent businesses and residences. Stanchions or barriers must be used to maintain order at all times the queue exceeds twenty-five (25) patrons. Placement of stanchions and barriers must receive public works agency approval.

(35)

Controls shall be established to maintain occupancy levels allowed by the Orange County Fire Authority and these fire department approved levels will not be exceeded. Methods of controlling occupancy can include, but not limited to the following: Counters used to count the number of occupants entering and exiting the location, which are available for inspection by OCFA or the police department.

(36)

The permitted establishment shall at all times comply with Santa Ana Municipal Code Sections 10-181 through 10-187 regarding curfews for minors.

(Ord. No. NS-2847, § 29, 8-5-13)

Any legal non-residential use wishing to offer entertainment as an ancillary use to its primary operation must apply for an entertainment permit pursuant to Chapter 11 of the Santa Ana Municipal Code. At no time may entertainment be offered without such a permit.

(Ord. No. NS-2847, § 30, 8-5-13)

Property which is not included within any use district on the sectional district maps of the city shall be subject to the same use and development regulations as apply to property in the O (open space land) district.

(Ord. No. NS-1898, § 1, 5-18-87)

The purpose of these regulations and guidelines is to regulate the establishment of all wireless communication facilities to protect the public safety, general welfare, and quality of life of Santa Ana citizens. The city council has found and determined that these regulations and guidelines for wireless communication facilities are necessary to attain these goals. These regulations are intended to amend applicable provisions of this section, pertaining to communications facilities, Chapter 41 of this Code, and any other applicable provisions contained within this Code.

(Ord. No. NS-2356, § 5, 7-6-98)

Unless otherwise stated, the following definitions pertain to sections 41-198 through 41-198.14:

Antenna means a device used in communications which transmits or receives radio signals.

Antenna, panel means an antenna or array of antennae that are flat and rectangular and designed to concentrate a radio signal in a particular area. Also referred to as directional antennae.

Antenna, whip means an antenna that transmits signals in three hundred sixty (360) degrees. They are typically cylindrical in shape and are less than six (6) inches in diameter and measure up to eighteen (18) feet in height. Also called omnidirectional, stick, or pipe antennas.

Building mounted means mounted to the side of a building or to another structure such as a water tank, billboard, church steeple, freestanding sign, etc.

California Public Utilities Commission (CPUC) means the governmental agency which regulates the terms and conditions of public utilities in the State of California.

Cell site means a geographical area that contains both transmitting and receiving antennae.

Cellular means an analog or digital wireless communication technology that is based on a system of interconnected neighboring cell sites, each of which contains antennae.

Certificate of public convenience and necessity means a certificate issued by the California Public Utilities Commission.

Co-location means the locating of wireless communications equipment from more than one (1) provider on a single building mounted, roof mounted, or ground mounted or wireless communication facility.

Electromagnetic field means the local electric and magnetic fields caused by voltage and the flow of electricity that envelop the space surrounding an electrical conductor.

Enhanced specialized mobile radio means a digital wireless communication technology that specializes in providing dispatching services.

Ground mounted means mounted to a pole, monopole, lattice tower, or other freestanding structure specifically constructed for the purpose of supporting such antenna.

Lattice tower means a structure with two (2) or more support legs that supports a variety of antennae. These towers generally range in height from sixty (60) to two hundred (200) feet and are constructed in areas where great height is needed, microwave antennas are required, or where the weather demands a more structurally sound design.

Major wireless communication facility means a wireless communication facility that:

(1)

Is ground mounted; or

(2)

Is building or roof mounted and exceeds ten (10) feet in height.

Microcell means a wireless communication facility that:

(1)

Contains a maximum of four (4) whip and twelve (12) panel antennae. Each whip antenna does not exceed four (4) inches in diameter and four (4) feet in length. Each panel antenna does not exceed two (2) square feet in surface area.

(2)

Contains a maximum of one (1) microwave antennae no larger than ten (10) square feet in surface area.

(3)

Has an array of antennae less than ten (10) feet in height as measured from the base.

(4)

Is building or roof mounted.

(5)

Has a total height, if building or roof mounted, that does not exceed the maximum height permitted in the applicable zoning district in which the facility is located.

Minor wireless communication facility means a wireless communication facility that:

(1)

Consists of a microcell; or

(2)

Is building or roof mounted and is less than ten (10) feet in height and does not exceed the maximum height permitted in the zoning district in which the facility is located.

(3)

Is fully screened from view if roof mounted.

Monopole means a structure composed of a single spire used to support antennae and related equipment.

Mounted means attached or supported.

Multi-purpose tower means a structure that integrates a monopole into a light pole or other utility pole.

Personal communication services means a digital wireless communication technology that has the capacity for multiple communications services and will provide a system in which calls will be routed to individuals rather than places, regardless of location.

Private wireless communication facility means a wireless communication facility that has not been granted a certificate of public convenience and necessity by the CPUC.

Public wireless communication facility means a wireless communication facility that has been granted a certificate of public convenience and necessity by the CPUC.

Radiofrequency radiation means electromagnetic radiation in the portion of the spectrum from three (3) kilohertz to three hundred (300) gigahertz.

Roof mounted means mounted above the eave line of a building or on any portion of the roof area.

Stealth facility means any communications facility which is disguised to blend into the surrounding environment, typically one that is architecturally integrated into a building or other concealing structure. Also referred to as a concealed antenna.

Wireless communication facility means any public or private structure that supports antennae, microwave dishes, and other related equipment that sends and/or receives radiofrequency signals.

(Ord. No. NS-2356, § 6, 7-6-98)

(a)

All wireless communication facilities for which applications were approved and/or building permits issued by the planning and building agency on or prior to the adoption date of this section are subject to the provisions of the nonconforming buildings and uses section of Chapter 41 (sections 41-679 through 41-689).

(b)

All wireless communication facilities for which building permits have expired, and have not been renewed on or prior to the adoption date of this section, shall be required to comply with the regulations and guidelines contained within this article.

(Ord. No. NS-2356, § 7, 7-6-98)

(a)

Minor wireless facilities. A land use certificate is required for each installation.

(b)

Major wireless facilities. A conditional use permit is required for each installation.

(c)

Multiple wireless communication facilities. A multiple wireless communication facility program shall be adopted for multiple installations of minor wireless communication facilities on a single structure or building. The minor wireless communication facility program shall be reviewed or specified for minor wireless facilities. Each individual installation of a minor wireless facility pursuant to a minor wireless communication facility program requires approval of an installation permit pursuant to the procedures for a land use certificate.

(1)

No permit shall be issued for multiple installations of any wireless communication facility, except pursuant to an approved multiple wireless communication facility program in accordance with this article.

(2)

A wireless communication facility program for existing multiple installations of minor wireless communication facilities that do not have an approved program shall be adopted prior to the issuance of any additional wireless communication permits for multiple installations. Said program shall follow the implied program or predominant pattern in use of the existing installations.

(Ord. No. NS-2356, § 8, 7-6-98)

Site improvements required for major wireless facilities include:

(1)

Landscaping around the base of the facility, including vines, groundcover, and a twenty-four (24) inch box tree;

(2)

Decorative fencing such as wrought iron or block around the wireless facility;

(3)

A solid wall, with a minimum height of six (6) feet, between a wireless facility and all property lines which abut property zoned or used for residential purposes;

The following improvements may be required, as determined by the planning manager, or his or her designee:

(4)

One (1) parking space for the wireless facility use, if on-site parking is not available;

(5)

Repairing, repaving and restriping of a parking lot which is in poor condition as identified by the planning division;

(6)

The repainting of building(s) on a site; and

(7)

The construction of a new trash enclosure.

(Ord. No. NS-2356, § 9, 7-6-98)

(a)

Screening criteria and guidelines.

(1)

Major wireless communication facilities shall be a stealth facility as defined in section 41-198.1.

(2)

All wireless communication facilities shall be located in areas that will minimize their aesthetic intrusion on the surrounding community. For building mounted facilities, all screening shall be compatible with the existing architecture, color, texture, and/or materials of the building.

(b)

Site selection order of preference.

(1)

Wireless communication facilities shall be located in the following order of preference:

a.

On existing structures such as buildings, communication towers, church steeples, and freestanding signs.

b.

In locations where the existing topography, vegetation, buildings, or other structures provide the greatest amount of screening.

(2)

As part of the application process for major wireless communication facilities, the applicant shall be required to provide written documentation demonstrating a good faith effort in locating facilities in accordance with the site selection order of preference.

(c)

Other criteria and guidelines.

(1)

Wireless communication facilities shall not bear any signs of advertising devices other than certification, warning, or other required seals or signage.

(2)

All accessory equipment associated with the operation of the wireless communication facility shall be located within a building, enclosure, or underground vault that complies with the development standards of the zoning district in which the accessory equipment is located.

(Ord. No. NS-2356, § 10, 7-6-98)

No wireless communication facility shall be established:

(1)

Within any property zoned or used for residential purposes; or

(2)

On property that contains any legally-established residential use.

(Ord. No. NS-2356, § 11, 7-6-98)

Minor wireless communication facilities may be established on property within the city that is not zoned or used for residential uses.

(Ord. No. NS-2356, § 12, 7-6-98)

Providers requesting permission to establish major wireless communication facilities in the city are strongly encouraged to find sites that are separated from residential areas to the greatest extent feasible. No major wireless communication facility should be established within one hundred forty (140) feet of:

(1)

Any residential zone or land use district; and

(2)

Any legally-established residential use.

(Ord. No. NS-2356, § 13, 7-6-98)

No major wireless communication facility shall exceed sixty (60) feet in height from ground level as measured from the nearest street curb.

(Ord. No. NS-2356, § 14, 7-6-98)

Each major wireless communication facility established in the city must first receive approval of a conditional use permit as established by section 41-198.3 of this Code.

(Ord. No. NS-2356, § 15, 7-6-98)

Development review approval shall be required prior to the establishment of any major wireless communication facility in accordance with section 41-668 of this Code.

(Ord. No. NS-2356, § 16, 7-6-98)

Private wireless communication facilities shall be subject to the provisions of sections 41-198 through 41-198.14.

(Ord. No. NS-2356, § 17, 7-6-98)

Each wireless communication facility approved pursuant to this article shall be approved for a period not to exceed ten (10) years.

(Ord. No. NS-2356, § 18, 7-6-98; Ord. No. NS-2923, § 3, 9-16-17)

Lawfully erected wireless communication facilities that are abandoned shall be removed promptly from the premises, and no later than ninety (90) days after the discontinuation of use. A wireless communication facility is considered abandoned if it no longer provides wireless communication service. Such removal shall be in accordance with proper health and safety requirements.

A written notice of the determination of abandonment shall be sent or delivered to the operator of the wireless communication facility. The operator shall have ninety (90) days to remove the facility or provide the planning division with evidence that the use has not been discontinued. The planning commission shall review all evidence and shall determine whether or not the facility is abandoned. All facilities not removed within the required ninety-day period shall be in violation of this Code and operators of the facility and the owners of the property shall be subject to penalties for violations under the enforcement and penalties provisions of this article.

(Ord. No. NS-2356, § 19, 7-6-98)

Violations of sections 41-198 through 41-198.14 shall constitute a misdemeanor punishable by fine or imprisonment or both. Each day the violation continues is punishable as a separate offense pursuant to section 1-8 of this Code.

(Ord. No. NS-2356, § 20, 7-6-98)

All of the provisions of sections 41-198 through 41-198.14 shall be construed together in order to accomplish the purpose of these regulations. If any provision of this part is held by a court to be invalid or unconstitutional, such invalidity or unconstitutionality shall apply only to the particular facts, or if a provision is declared to be invalid or unconstitutional as applied to all facts, all of the remaining provisions of sections 41-198 through 41-198.14 shall continue to be fully effective.

(Ord. No. NS-2356, § 21, 7-6-98)

(a)

Exterior 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.

(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:

a.

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.

b.

The pay phone may not be located on any unimproved property.

c.

A minimum walkway width of six (6) feet is required in front of the phone, when the phone is situated within the primary 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 doors or be located in front of windows.

e.

Signage for the pay phones, if any, must comply with section 41-872.

f.

Exterior conduit, piping or wiring 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.

h.

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 prior to January 1, 2002, which comply with all other provisions of the Code.

(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 prior to January 1, 2002, shall be valid for five (5) years commencing January 1, 2002.

(4)

Upon determination by the hearing officer that an exterior 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.

(Ord. No. NS-2374, § 4, 12-7-98; Ord. No. NS-2489, § 4, 2-4-02)

Editor's note— Ord. No. NS-2374, § 4, adopted Dec. 7, 1998, set out provisions intended for use as § 41-198.1. Inasmuch as § 41-198.1 had previously been added by Ord. No. NS-2356, the provisions of Ord. No. NS-2374 have been redesignated as § 41-198.100 at the direction of the city.

For the purpose of preserving public health, safety and general welfare, cyber cafés as defined by Section 41-45 are prohibited within any zone or district in the City.

(Ord. No. NS-2513, § 6, 9-3-02; Ord. No. NS-2803, § 5, 6-21-10; Ord. No. NS-2977, § 3, 10-15-19)

(a)

Notwithstanding any other provisions of this chapter, outdoor vending machines may be operated only in the C1, 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 use certificate shall be issued by the planning manager only if 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 within:

a.

A public right-of-way;

b.

A required landscape area;

c.

A driveway;

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)

When an outdoor vending machine is situated within the primary ingress to and egress from the lot, a minimum walkway width of six (6) feet shall be required in front of the outdoor vending machine, when the outdoor vending machine. The building official shall determine whether the ingress to and egress from the lot is primary to the lot. In all 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 and not located in front of windows. This subsection shall not apply to outdoor water vending machines.

(6)

Outdoor water vending machines may be located within the glass or wall storefront provided visibility to the cashier is not obstructed, with no greater than twenty-five (25) per cent of window area to be covered by signage and/or an outdoor water vending machine.

(7)

An outdoor vending machine shall not block exit doors.

(8)

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 top or side of any outdoor vending machine.

(9)

Exterior conduit, piping or wiring must not be visible when standing directly in front of the outdoor vending machine.

(10)

No visible security cages are permitted on the outside of an outdoor vending machine.

(11)

Outdoor vending machines shall not exceed eighty (80) inches in height and thirty-six (36) inches in depth and forty-two inches (42) in width.

(12)

Outdoor water vending machines shall not exceed thirty five (35) inches in height, one (1) inch in depth, as measured from the exterior glass or wall storefront, and twenty nine (29) inches in width.

(13)

All outdoor vending machines shall be maintained in a clean and attractive condition.

(14)

Any graffiti on an outdoor vending machine shall be removed within twenty-four (24) hours.

(15)

Number of outdoor vending machines.

a.

No more than five (5) outdoor vending machines shall be permitted per development site or integrated development site; of which only one (1) may be an outdoor water vending machine.

b.

The number of outdoor vending machines permittable on a development site shall be as follows:

c.

For integrated development sites with multiple underlying lots, at least one (1) outdoor vending machine, but not to exceed three (3) outdoor vending machines, may be allowed per lot. Multiple outdoor vending machines shall be subject to the following ratio:

(16)

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.

(Ord. No. NS-2635, § 5, 8-4-03; Ord. No. NS-2710, § 12, 5-1-06)

Laundromats may be permitted in the C1, C2, C4 and C5 districts subject to the issuance of a conditional use permit. Laundromats are not permitted in any other use district. Laundromats shall comply with the following development and performance standards:

(a)

Minors (under eighteen (18) years of age) shall not be permitted to enter or remain in a cyber cafe during the following periods unless accompanied by a parent or legal guardian:

(1)

Between 8:00 a.m. and 3:00 p.m., or after 10:00 p.m. on Monday through Friday of each week;

(2)

Saturday and Sunday after 10:00 p.m.

(3)

The above weekday daytime hours of restriction shall not apply to vacation days or school holidays as established by any public school district or private school, kindergarten through twelfth grade, operating within the city.

(4)

Notice of these hours of restriction for minors shall be posted at the entrance in lettering of at least two (2) inches in size.

(b)

The cyber cafe shall not be open to customers, patrons or any member of the public between the hours of 12:00 a.m. to 7:00 a.m.

(c)

"No loitering" signs shall be posted at the front and rear of the business. In addition, a waiting area with not less than eight (8) seats shall be provided for customers waiting to use a computer. No outside waiting or seating area is permitted.

(d)

No person shall be permitted to consume alcohol on the premises.

(e)

Employees shall be at least twenty-one (21) years of age. There shall be a minimum of one (1) employee managing the cyber cafe during all working hours. If the business has more than thirty (30) computers, the business is required to add one (1) additional employee for every additional thirty (30) computers, or portion thereof, and for every thirty (30) computers thereafter, or any portion thereof. During each employee's working hours, the employee shall wear a badge identifying the business and the employee's full name.

(f)

Occupancy shall not exceed that required under the uniform building code and uniform fire code, and the maximum occupancy load shall be posted at the main entrance.

(g)

The establishment shall maintain and operate a camera/video surveillance system with recording capability during all business hours. The system shall cover the entire interior of the premises and all entrances to and exits from the establishment. The camera/video surveillance system shall be capable of delineating on playback of the system the activity and physical features of persons or areas within the premises.

(1)

Tapes/disks shall be kept a minimum of seventy-two (72) hours.

(2)

The business owner shall permit the city to inspect the tapes/disks during business hours. The system shall be maintained in good working order, including the running of the tape/disks.

(3)

A sign shall be posted inside and at the entrance to the establishment indicating that the premises are under camera/video surveillance.

(h)

The business owner shall submit and receive approval of a fire exit plan from the city's fire department. The plan shall address all existing requirements of the uniform building code and uniform fire code. This includes, but is not limited to, providing an exiting plan showing equipment location, aisle locations and dimensioned widths, and having approved exit doors and panic hardware.

(i)

Any adult entertainment business is prohibited unless specifically approved pursuant to the requirements of chapter 41, article XVII of this Code.

(j)

Window areas shall not be covered or made opaque in any way. All windows and entrances must be unobstructed at all times so as to allow an unimpaired line of sight by a police officer.

(k)

The business operator, at his/her expense shall provide a California licensed uniform security guard on the premises Monday through Friday between 4:00 p.m. and closing, and Saturday through Sunday between 12:00 p.m. and closing.

(1)

The chief of police is authorized to require a specific owner/operator to provide a security guard(s) on the premises at other hours of the day in the event that there are significant calls for service relating to assaults, gang related activity, weapons offenses, disturbances, and juvenile related crime, including truancy, or other good cause.

(2)

Any decision of the chief of police may be appealed to the city council. Any appeal shall be made within ten (10) calendar days following the date of the decision by the chief of police. Further, such appeal period shall end at 5:00 p.m. on the tenth calendar day following such date of the written decision by the chief of police. If such tenth calendar day ends on a Saturday, Sunday or holiday, the ten-day period shall end at 5:00 p.m. on the next regular business day.

(3)

All appeals shall be in writing and on forms provided by the planning department and shall specify wherein there was any error of decision or requirement by the chief of police. Furthermore, a copy of such appeal shall be filed with the planning department and the clerk of the council.

(4)

Upon receipt of such appeal, the planning department shall set the matter for hearing by the city council.

(5)

The city council may, after public hearing, affirm, reverse, change, or modify the original decision and may make any additional determination it shall consider appropriate within the limitations imposed by this chapter. Such decision shall be filed with the clerk of the council, and the planning department; one (1) copy thereof shall be sent to the applicant.

(l)

Lighting levels on the premises within sixty (60) feet of the use and in all required parking areas shall be maintained at a minimum one (1) footcandle of light. Interior lighting shall be at maintained at a minimum of thirty (30) footcandles of light.

(m)

No exterior pay phones shall be permitted.

(n)

No pool tables or other amusement devices not directly related to Internet computer devices shall be permitted.

(o)

No gaming tournaments for cash prizes shall be permitted.

(Ord. No. NS-2135, § 1, 7-1-91; Ord. No. NS-2245, § 1, 3-6-95; Ord. No. NS-2710, § 13, 5-1-06; Ord. No. NS-2803, § 6, 6-21-10)

Banquet facilities may be permitted in the P, C1, C1-MD, C-SM, C2, 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)

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.

(b)

All banquet facilities require sanitation facilities in compliance with the California Building Code building standards.

(c)

Whenever 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 one (1) guard/one hundred (100) attendees, with a minimum of one (1) 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.

(d)

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.

(Ord. No. NS-2445, § 13, 9-18-00; Ord. No. NS-2803, § 7, 6-21-10)

Adult day care facilities providing care to more than six (6) adults may be permitted in the R1, R2 and R3 zoning districts as an ancillary use to churches and schools, subject to the issuance of a conditional use permit.

Adult day care facilities may be permitted in the P, C1, C2, C4, and C5 zoning districts, subject to the issuance of a conditional use permit.

Adult day care facilities may be permitted in any specific plan or specific development zoning district as an ancillary use to churches and schools, subject to the issuance of a conditional use permit.

As used herein, an adult day care facility is a facility that provides nonmedical care to persons eighteen (18) years of age or older in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual on less than a 24-hour basis, as currently defined by California Health and Safety code section 1502(a)(2), as it may be amended from time to time.

(Ord. No. NS-2446, § 7, 9-18-00)

All tattoo/body modification establishments shall be subject to the following, in addition to all other requirements of the law:

a.

No tattoo and/or body art establishment in the C-1, C-2, and C-4 zoning districts shall be located within five hundred (500) feet of a public or private school (K-12) or public park as measures from the outermost boundary of the property to the entrance of the facility. This restriction is based at the time of issuance of a business license and such future school or public park that may be located within this 500-foot zone will not cause the relocation of that tattoo and/or body art establishment.

b.

No tattoo and/or body art establishment in the C-1, C-2, and C-4 zoning districts shall be located within five hundred (500) feet of another tattoo and/or body art establishment.

c.

No tattoo and/or body art establishment shall operate between the hours of 12:00 a.m. and 7:00 a.m.

d.

Live animals, except service animals, shall not be allowed on the premises.

e.

Temporary establishments or events are not authorized by this section, unless a land use certificate is approved by the planning manager.

f.

The facility shall be designed to screen tattooing and/or body modifications or similar services performed on a patron from persons outside the facility.

g.

Signage, advertising, or images depicting specific anatomical parts shall not be placed in the windows or be visible to persons outside the facility.

h.

A sign shall be posted on or by each entrance stating that no person under eighteen (18) years old shall be allowed without parent or legal guardian.

i.

The applicant/operator of the tattoo and/or body art facility shall also comply with all applicable state, county and local laws as they may be amended from time to time, including Health and Safety Code Sections 119300 et seq. (California Safe Body Art Act), Penal Code Section 653 and 655 and chapter 18 of this Code.

(Ord. No. NS-2931, § 6, 11-21-17)

(a)

Any use other than eating establishments listed in Section 41-472 or 41-472.5 of this chapter, regardless of the zoning district it is established or proposed to be established in, that requires a permit from a regional, state, or federal agency to handle, store, emit or discharge particulate materials; exhaust emissions; or handle, store, emit or discharge regulated compounds, hazardous materials, chemicals, or substances that is located within one thousand (1,000) linear feet of a public park, school (K-12) as defined by Section 11362.768 of the Health and Safety Code, or property used or zoned for residential purposes requires approval of a conditional use permit.

(b)

The one thousand (1,000) linear foot distance shall be measured from the outermost boundary of the subject property to the closest point of any public park, school, or property used or zoned for residential purposes.

(c)

The property owner or business operator of a business regulated by subsection (a) shall be responsible for notifying the City of any requirement to obtain a permit from a regional, state, or federal agency. Notification to the City must be made prior to obtaining any permit from a regional, state, or federal agency for the business activities listed in subsection (a).

(d)

A business regulated by this section shall be in compliance with all provisions established by this Code and all applicable federal, state, or local regulations and conditions established by regulating and permitting agencies.

(Ord. No. NS-3035, § 6, 12-20-22; Ord. No. NS-3038, § 12, 2-7-23; Ord. No. NS-3044, § 3, 6-20-23)