Santa Ana City Council
December 6, 2022

resolution for future meetings. Determinations to continue to utilize remote meetings as allowed by AB 361 must be re-visited by the legislative body every 30 days with the support of new findings. Staff recommends this extension period to act as a helpful transitional stage for boards, committees, and commissions who still currently meet virtually.

Most recently, on November 15, 2022, the City Council adopted Resolution No. 2022- 090, making the required findings under AB 361 to allow the City to continue to offer teleconference accessibility for public meetings after September 30, 2021, to help mitigate the spread of COVID-19. The attached resolution (Exhibit 1) declares additional findings to allow for the continued use of teleconferencing for City Council, board, commission, and committee meetings pursuant to AB 361.

ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.

FISCAL IMPACT
There is no fiscal impact associated with this action.

EXHIBIT(S)

1. Resolution
Submitted By: Norma Orozco, Acting Assistant Clerk of the Council Approved By: Kristine Ridge, City Manager
City Council 24 – 2 12/6/2022
Resolution 2022-XXX

RESOLUTION 2022-xxx

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SANTA ANA, CALIFORNIA AUTHORIZING THE USE OF
REMOTE TELECONFERENCING PROVISIONS (AB 361)
WHEREAS, the Ralph M. Brown Act (Government Code section 54950 et seq.) generally requires local agencies meeting via teleconference, including through other virtual or electronic means, to, among other things, provide public access at each location in which members of the legislative body are teleconferencing; and WHEREAS, Assembly Bill 361 (AB 361) amends Government Code section 54953 to allow local agencies to meet fully virtually, without fully adhering to the rules otherwise applicable to teleconferencing, during a proclaimed state of emergency if state or local officials have imposed or recommended measures to promote social distancing; and WHEREAS, the Governor issued a proclamation declaring a state of emergency on March 4, 2020 due to the COVID-19 pandemic, pursuant to section 8625 of the California Emergency Services Act, and this proclaimed state of emergency currently remains in effect; and
WHEREAS, the City Council of the City of Santa Ana declared a local emergency on March 17, 2020 pursuant to Santa Ana Municipal Code section 2-404A (now section 2-646A); and
WHEREAS, in order to continue teleconferencing pursuant to the provisions of AB 361, the City Council is required to make certain findings every thirty (30) days; and WHEREAS, the City Council of the City of Santa Ana, consistent with those provisions, approved Resolutions 2021-055, 2021-66, 2021-072, 2022-004, 2022-015, 2022-021, 2022-026, 2022-033, 2022-037; 2022-043; 2022-050; 2022-063; 2022-070; 2022-073; 2022-077; 2022-087; and 2022-090 authorizing the use of remote teleconferencing provisions pursuant to AB 361; and
WHEREAS, the City Council of the City of Santa Ana has reconsidered the circumstances of the state of emergency; and
WHEREAS, state and local officials continue to recommend measures to promote social distancing to prevent the spread of COVID-19; and WHEREAS, the continuation of remote teleconferencing will allow for full participation by members of the public and the members of the City legislative bodies until social distancing recommendations are lifted; and
WHEREAS, the City Council of the City of Santa Ana desires to continue to utilize remote teleconferencing pursuant to AB 361 and Government Code section 54953(e).

City Council 24 – 3 12/6/2022
Resolution 2022-XXX

NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Santa Ana as follows:

SECTION 1. The above recitals are true and correct and shall be the findings of the City of Santa Ana’s City Council and each and every other legislative body of the City.

SECTION 2. The City Council of the City of Santa Ana hereby authorizes the use of remote teleconferencing pursuant to AB 361.

SECTION 3. The City Council and all other legislative bodies of the City of Santa Ana created by the City Council or created through its City Charter shall continue to meet virtually in accordance with Government Code section 54953(e) and without compliance with section 54953(b)(3) based upon the findings and determinations hereby made by the City Council.

SECTION 4. The City Clerk shall attest to and certify to the passage and adoption of this resolution and it shall be effective immediately upon its approval.

ADOPTED this ____ day of December, 2022.
___________________________
Vicente Sarmiento
Mayor
APPROVED AS TO FORM:

Sonia R. Carvalho, City Attorney
By: ________________________
John M. Funk
Chief Assistant City Attorney
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
City Council 24 – 4 12/6/2022
Resolution 2022-XXX

CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2022- ___ to be the original Resolution adopted by the City Council of the City of Santa Ana on _____________, 2022.

Date: ___________________ ____________________________
Clerk of the Council
City of Santa Ana
City Council 24 – 5 12/6/2022
Parks, Recreation, and Community Services
www.santa-ana.org/parks
Item # 25
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
December 6, 2022
TOPIC: Facility Use Agreement Amendment with TKO Youth Foundation AGENDA TITLE:

Facility Use Agreement Amendment with TKO Youth Foundation (TKO) to Reflect a Rate of $20.00 Per Hour for the Use of the Fitness Room in the Jerome Community Center with Anticipated Payments from TKO to the City to Reflect the Period from September 1, 2022 Until September 21, 2023 (General Fund)

RECOMMENDED ACTION
It is recommended that the City Council consider approving one of the two following options:

1. No change to the existing agreement and TKO will maintain responsibility for the Fiscal Year 2022-23 Miscellaneous Fee of $116.00 per hour for use of the Fitness Room in the Jerome Community Center with anticipated payments from TKO to the City to reflect the period from September 1, 2022 until September 21, 2023.

2. Authorize the City Manager to execute an amendment to the facility use agreement with TKO Youth Foundation (TKO) to reflect a rate of $20.00 per hour for the use of the Fitness Room in the Jerome Community Center with anticipated payments from TKO to the City to reflect the period from September 1, 2022 until September 21, 2023, subject to non-substantive changes approved by the City Manager and City Attorney.

DISCUSSION
TKO Youth Foundation (TKO) is a non-profit California corporation that was founded in 1994 to serve as a juvenile justice prevention and after-school youth program. TKO has been training local Santa Ana youth in boxing for two decades and offers educational support, including scholarships, while requiring program participants to maintain a minimum grade point average. The Santa Ana community values the TKO programs that encourage Santa Ana youth to engage in sports and supervise after-school activities in a safe environment.

On September 21, 2021 the City of Santa Ana and TKO Youth Foundation entered into a two-year agreement for the limited right to utilize the Fitness Room in the Jerome Community Center to host tournaments and to provide boxing classes, training, and City Council 25 – 1 12/6/2022
Amend TKO Youth Foundation Agreement
December 6, 2022

equipment storage. As part of the agreement, TKO will be charged an hourly fee, per month, for use of the Fitness Room, as determined by the City’s Miscellaneous Fee Schedule, beginning September 1, 2022. The corresponding miscellaneous fee for the use of Fitness Room on the agreement execution date was $20.00 per hour. On average, TKO reserves the use of the Fitness Room for five hours per day and approximately 100 hours per month. This equates to a monthly balance estimate of $2,000 per month and $24,000 per year.

On June 7, 2022, City Council approved the Fiscal Year 2022-23 Miscellaneous Fee Schedule that adjusted the rate of the Fitness Room based on square footage. The Fitness Room in the Jerome Community Center was categorized as a Large Community Center Room, measuring above 2,000 square-feet. This methodology was applied to all PRCSA facilities in the Fiscal Year 2022-23 Miscellaneous Fee Schedule. The new adjusted rate for the Fitness Room in the Jerome Community Center, based on square footage, is $116.00 per hour, and represents the value for short-term rental opportunity.

In the case of TKO’s long-term facility use agreement, the current rate of $116.00 per hour represents a significant rental fee increase. If TKO were to continue to use the Fitness Room in the Jerome Community Center under the adjusted rate for five hours per day and 100 hours per month, the new monthly balance would be $11,600 per month and $139,200 per year.

The Parks, Recreation and Community Services Agency (PRCSA) is providing the following options for Council’s consideration in relation to the agreement between the City and TKO:

1. No change to the existing agreement and TKO will maintain responsibility for the Fiscal Year 2022-23 Miscellaneous Fee of $116.00 per hour for use of the Fitness Room in the Jerome Community Center with anticipated payments from TKO to the City to reflect the period from September 1, 2022 until September 21, 2023.

2. Approve an amendment to the current facility use agreement with TKO to reflect an hourly rate of $20.00 per hour for the use of the Fitness Room in the Jerome Community Center with anticipated payments from TKO to the City to reflect the period from September 1, 2022 until September 21, 2023 (Exhibit A).

ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.

FISCAL IMPACT
Funds will be deposited in the Parks, Recreation and Community Services, General Fund Revenue Account (01113002-57361 - PRCSA Recreation Facility Rental).

City Council 25 – 2 12/6/2022
Amend TKO Youth Foundation Agreement
December 6, 2022

EXHIBIT(S)

1. Amendment
Submitted By: Hawk Scott, Executive Dir. of Parks, Recreation and Community Services
Approved By: Kristine Ridge, City Manager
City Council 25 – 3 12/6/2022
City Council 25 – 4 12/6/2022
City Council 25 – 5 12/6/2022
Public Works Agency
www.santa-ana.org/pw
Item # 26
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
December 6, 2022
TOPIC: Resolution Authorizing Ceremonial Street Naming

AGENDA TITLE
Adopt a Resolution Authorizing Ceremonial Street Naming (General Fund)

RECOMMENDED ACTION

1. Adopt a resolution authorizing the ceremonial street naming of Helen M. Shipp Way, along Willits Street from Fairview Street to Bristol Street, and the ceremonial naming of the intersection of Willits Street and Raitt Street to Black History Square.

2. Direct staff to install a certain number of ceremonial signs to be approved for the stretch along Willits Street from Fairview Street to Bristol Street.

DISCUSSION
On August 2, 2022, the City Council adopted Ordinance No. NS 3024 to recognize outstanding individuals who have made a significant impact on their community through the commemorative or honorary naming of streets or intersections.

In accordance with the ordinance, Councilmember Hernandez initiated a request to honor Helen M. Shipp. Helen M. Shipp and her family legacy has made a profound and lasting cultural impact on the neighborhood they called home, the City of Santa Ana, for over five generations by creating community events for African American culture to thrive in and advance equality for all. Historically, our Black History Month celebration, along with the Black History Parades within the city, stem directly from Helen M. Shipp. It began small, with no more than eight family members near the intersection of Raitt Street and Willits Street. Due to her advocacy for the African American community to be recognized for their significance within the city and the impact it created for African Americans living in Santa Ana, the parade grew to upwards of 20,000 in attendance.

The Ceremonial “Helen M. Shipp Way” signs are proposed to be installed along Willits Street from Fairview Street to Bristol Street. In addition, the intersection of Raitt Street and Willits Street is proposed to be designated with “Black History Square” ceremonial signs. Exhibit 1 shows the proposed sample signs. Exhibit 2 shows three signage location options with the number of signs ranging from 7 to 14 signs. Staff requests that the City City Council 26 – 1 12/6/2022
Adopt Resolution Authorizing Ceremonial Street Naming
December 6, 2022

Council provide direction on which option to select for the number of signs to be installed.

Below are the options and corresponding cost:

Option No. Number of Signs* Cost
1 5+2 $5,467
2 7+2 $7,029
3 12+2 $10,934
* Helen Shipp plus Black History Square
The ordinance requires a resolution for the approval of the ceremonial sign (Exhibit 3).

Additionally, the ordinance allows for certain requirements, such as notice of application and program fees to be waived by majority vote of the City Council when the request is initiated by a current Council member. Approval of this resolution includes waiving the ceremonial street name installation fees in the amount not to exceed the cost shown for each option in the table above.

ENVIRONMENTAL IMPACT
There is no environmental impact associated with the action.

FISCAL IMPACT
The total amount of funds needed is based on the option selected by the City Council. A total amount not to exceed of $10,934 is needed for the production and installation of up to 12 Ceremonial Street signs and 2 Black History Square signs. Funds are available in Account No. 01104012-62300.

EXHIBIT(S)

1. Ceremonial Street Signs for Helen Shipp and Black History Square

2. Signage Location Maps (Options 1-3)

3. Resolution
Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Kristine Ridge, City Manager
Fiscal Year Accounting UnitAccount No.

Fund
Description
Accounting Unit -
Account
Description
Amount
2022-23 01104012-62300
General
Fund-City
Council
Legislative
Contract ServicesProfessional $10,934
Total $10,934
City Council 26 – 2 12/6/2022
B S
* * H O N O R A R Y * *
H quare
H S
* * H O N O R A R Y * *
elen hipp WY
lack istory
M.

SANTA ANA
1869

STREET SIGN TOPPER

CEREMONIAL

DATE REVISION

CITY ENGINEER
APPROVED: DATE:

PUBLIC WORKS AGENCY

CITY OF SANTA ANA
EXHIBIT 1
City Council 26 – 3 12/6/2022
City Council 26 – 4 12/6/2022
EXHIBIT 3
Resolution No. 2022-XX

RESOLUTION NO. 2022-xx

A RESOLUTON OF THE CITY COUNCIL OF THE

CITY OF SANTA ANA DIRECTING AND

AUTHORIZING A CEREMONIAL STREET NAME
OF HELEN M. SHIPP WAY ALONG WILLITS

STREET FROM FAIRVIEW STREET TO BRISTOL

STREET, AND THE CEREMONIAL NAMING OF

THE INTERSECTION OF WILLITS STREET AND

RAITT STREET TO BLACK HISTORY SQUARE
WHEREAS, the City of Santa Ana (hereinafter referred to as the “City”) is a charter city and municipal corporation duly organized and existing pursuant to and under the provisions of the laws of the State of California; and
WHEREAS, on August 2, 2022, the City Council for the City of Santa Ana approved Ordinance No. NS-3024 (“Ordinance”) to recognize outstanding individuals who have made a significant impact on their community through the commemorative or honorary naming of streets or intersections; and
WHEREAS, the Ordinance, which amended Chapter 33 of the City’s Municipal Code, detailed the application process including the procedures, fees, and details for when and how said procedures and fees may be waived by the City Council; and WHEREAS, Helen M. Shipp and her family legacy have made a profound and lasting cultural impact on the neighborhood they called home, the City of Santa Ana for over five generations by creating community events, including the Black History Parade, for African American culture to thrive in and advance equality for all; and WHEREAS, since it was founded in 1980, to celebrate Black History Month, the Black History Parade, which began with her family, quickly grew to upwards of 20,000 in attendance during its tenure in the City of Santa Ana due to her advocacy for the African American community to be recognized for their significance within the City and the impact it created for African American people living in Santa Ana; and WHEREAS, the first procession of the Black History Parade in Santa Ana took place on Raitt Street near the intersection of Raitt Street and Willits Street; and WHEREAS, Councilmember Hernandez initiated a request to honor the legacy of Helen M. Shipp to recognize the lasting cultural impact she and her family brought to the City of Santa Ana; and
City Council 26 – 5 12/6/2022
brs 11.15.22
Resolution No. 2022-XX

WHEREAS, ceremonial “Helen M. Shipp Way” sign toppers are proposed to be installed along Willits Street from Fairview Street to Bristol Street. In addition, the intersection of Raitt Street and Willits Street is proposed to be designated with “Black History Square” ceremonial sign toppers; and
WHEREAS, the ordinance requires a resolution for the approval of the ceremonial sign toppers, and as allowed by said Ordinance, certain requirements for said ceremonial street naming, such as notice of application, and all applicable fees and charges may be waived by majority vote of the City Council when the request is initiated by a current Council member; and
WHEREAS, Helen M. Shipp Way and Black History Square are not in conflict with the public interests and welfare; and
WHEREAS, the City Council for the City of Santa, based on the significant cultural legacy established by Helen M. Shipp and the Black History Parade for the City of Santa Ana, finds the change of such street names are warranted.

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS:

Section 1. The Council hereby waives the requirements of the Application process, pursuant to Santa Ana Municipal Code Section 33-262(e), including all applicable fees and charges.

Section 2. The portion of Willits Street between Fairview Street and Bristol Street shall receive ceremonial street sign toppers of “Helen M. Shipp Way.” Section 3. The intersection of Willits Street and Raitt Street shall receive ceremonial street sign toppers of “Black History Square.” Section 4. The Public Works Department is hereby directed to cause the ceremonial street signs as affected by this Resolution to be fabricated and installed.

Section 5. This Resolution shall take effect immediately upon its adoption by the City Council and the Clerk of the Council shall attest to and certify the vote adopting this Resolution.

ADOPTED this ____ day of December, 2022
_______________________
Vicente Sarmiento
Mayor
City Council 26 – 6 12/6/2022
brs 11.15.22
Resolution No. 2022-XX

APPROVED AS TO FORM:

Sonia R. Carvalho, City Attorney
By:_________________________
Brandon Salvatierra
Deputy City Attorney
AYES: Councilmembers ________________________________________ NOES: Councilmembers _______________________________________ ABSTAIN: Councilmembers _______________________________________ NOT PRESENT: Councilmembers _______________________________________

CERTIFICATE OF ATTESTATION AND ORIRGINALITY
I, ______________________, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2022-______ to be the original resolution adopted by the City Council of the City of Santa Ana on December 6, 2022.

Date: ________________ ____________________________________ Clerk of the Council, City of Santa Ana
City Council 26 – 7 12/6/2022
Planning and Building Agency
www.santa-ana.org/planning-and-building
Item # 27
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
December 6, 2022
TOPIC: California Building Standards Code Adoption
AGENDA TITLE:

Public Hearing - A Resolution and an Ordinance Adopting the Updated California and International Building and Fire Codes with Local Conditions Amendments and Requisite Findings

RECOMMENDED ACTION

1. Find that the proposed Ordinance is exempt under the provision of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15061(b)(3).

2. Adopt a resolution of the City Council setting forth findings for required amendments, modifications and changes with respect to the local climatic, geographical and topographical conditions within the City of Santa Ana to the California Building, Residential, Green Standards, Energy, Electrical, Mechanical, Plumbing, and Fire Codes as amended by the State of California.

3. Adopt an ordinance amending Chapters 8 and 14 of the Santa Ana Municipal Code adopting the State Building Regulations, including the 2021 International Property Maintenance Code, and certain modifications and changes with respect to local climatic, geographical and topographical conditions with the City of Santa Ana to the California Building, Existing Building, Residential, Green Standards, Electrical, Mechanical, Plumbing, Energy, Historical Building, and Fire Codes as amended by the State of California.

DISCUSSION
The State’s Health and Safety Code (Section 17958) mandates that the California Building Standards Commission adopt and publish the California Building Standard Code (Title 24 California Code of Regulations) every three years. The 2022 Edition of the California Code of Regulations Title 24, which incorporates the model codes, becomes effective statewide on January 1, 2023. The proposed Ordinance would amend the Santa Ana Municipal Code to implement the new Construction Codes and repeal references to City Council 27 – 1 12/6/2022
California Building Standards Code Adoption
December 6, 2022

the prior editions of the Construction Codes. The Construction Codes proposed for adoption by reference with amendments include the following:

1. 2022 California Building Code

2. 2022 California Residential Code

3. 2022 California Green Building Standards Code

4. 2022 California Electrical Code

5. 2022 California Mechanical Code

6. 2022 California Plumbing Code

7. 2022 California Energy Code

8. 2022 California Fire Code

9. 2022 California Existing Building Code

10.2022 California Historical Building Code

11.2021 International Property Maintenance Code
The proposed Ordinance also includes administrative and procedural amendments not covered by the above Construction Codes.

As part of the adoption of Construction Codes, it will also be necessary to include certain changes and modifications that are reasonably necessary due to local conditions within the City of Santa Ana. Exhibit 2 is the Resolution delineating the necessary findings and substantiating the necessary amendments to the Residential, Fire, and Building Codes to address specific local conditions. The separate adoption of the Resolution is necessary in order to include the local changes in the proposed Ordinance.

In summary, the changes to the 2022 California Codes as adopted by the State include revisions to enhance clarity and consistency in the application of the Codes and to include provisions for green and sustainable alternatives. For example, the structural engineering requirements of the Building Code has been aligned with major revisions to national standards for mass timber construction, which stem from research studies from recent seismic and high wind events. Mass timber construction (MTC) is an environmentally friendly alternative to using carbon-intensive materials and construction methods through the use of a category of engineered wood products typically made of large, solid wood panels, columns, or beams manufactured off-site for load-bearing wall, floor, and roof construction. Mass timber is engineered for high strength applications and is significantly lighter than concrete and steel. In addition, for the first time, installation of electric vehicle charging stations will be required for new multi-family residential projects of 20 or more dwelling units. The California Energy Commission has also adopted new requirements for the mandatory designation of spaces for future electric heat pump water heater on new homes.

ENVIRONMENTAL IMPACT
The proposed action is exempt from the requirements of the California Environmental Quality Act (CEQA) in accordance with Section 15061(b)(3) of the CEQA guidelines, as City Council 27 – 2 12/6/2022
California Building Standards Code Adoption
December 6, 2022

amended, in that it is not a Project which has the potential for causing a significant effect on the environment. No further environmental review is necessary.

FISCAL IMPACT
There is no fiscal impact associated with this action.

EXHIBIT(S)

1. Ordinance - Building Standards Code Amendments

2. Resolution - Code Adoption Requisite Findings
Submitted By: Minh Thai, Executive Director of Planning and Building Agency and Chief James Henery, Orange County Fire Authority
Approved By: Kristine Ridge, City Manager
City Council 27 – 3 12/6/2022
Ordinance No. NS-XXX

ORDINANCE NO. NS-XXX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SANTA ANA AMENDING CHAPTERS 8 AND 14 OF

THE SANTA ANA MUNICIPAL CODE TO ADOPT AND

AMEND THE MOST RECENTLY ENACTED CALIFORNIA

BUILDING CODE, CALIFORNIA RESIDENTIAL CODE,

CALIFORNIA GREEN BUILDING STANDARDS CODE,

CALIFORNIA ELECTRICAL CODE, CALIFORNIA

MECHANICAL CODE, CALIFORNIA PLUMBING CODE,

CALIFORNIA ENERGY CODE, CALIFORNIA HISTORICAL

BUILDING CODE, CALIFORNIA FIRE CODE, CALIFORNIA

EXISTING BUILDING CODE, AND INTERNATIONAL

PROPERTY MAINTENANCE CODE

THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES HEREBY ORDAIN AS FOLLOWS:

Section 1. Section 8-43 of the Santa Ana Municipal Code is hereby amended to read as follows:

Sec. 8-43. - Adoption by reference.

There is adopted by the city that certain code known as the California Building Code, 20192022 Edition, based on the 20182021 International Building Code as published by the International Code Council, (hereinafter referred to in this article as the "Building Code," "building code," or "California Building Code"), consisting of "Volume 1", "Volume 2" and the 20192022 California Existing Building Code (together with subsequent supplements or amendments to any volume, each of which shall become effective, adopted, and incorporated by reference into this Code on the date specified by the state building standards commission, unless otherwise specified), of which not less than one (1) copy of said Code has been and is now on file in the office of the clerk of the council of the city pursuant to Health and Safety Code Section 18942(d)(1) and are made available for public inspection. The building code is adopted and incorporated by reference as though fully set forth at length herein as provided for in section 419 of the Charter of the city, except for the changes to the building code set forth in this chapter that specifically amends the Building Code. Any previously enacted, unrepealed provision of the Santa Ana Municipal Code that amended a pre-20192022 edition of the "Building Code" shall also be construed as amending the applicable provision of the 20192022 or later edition of the building code.

City Council 27 – 4 12/6/2022
Ordinance No. NS-XXX

The building code, as thus amended, together with all other provisions of this article, shall be known as the city building code.

Appendices which are adopted pursuant to this section are as follows:

Appendix I, Patio Covers
Appendix J, Grading
Section 2. Section 8-93 of the Santa Ana Municipal Code is hereby amended to read as follows:

Sec. 8-93. - Reserved.Permit expiration (Volume 1, Chapter 1, Division II, Section 105.5).

Chapter 1, Division II, Section 105.5 of the building code is amended to read as a follows:

Sec. 105.5 Expiration. Every permit issued shall become invalid unless the work on the site authorized by such permit is commenced within 12 months after its issuance, or if the work authorized on the site by such permit is suspended or abandoned for a period of 180 days after the time the work is commenced. The building official is authorized to grant, in writing, one or more extensions of time, for periods not more than 180 days each. The extension shall be requested in writing and justifiable cause demonstrated.

Section 3. Section 8-96 of the Santa Ana Municipal Code is hereby amended to read as follows:

Sec. 8-96. - Time limitation of application (Volume 1, Chapter 1, Division II, Section 105.3.2)
Section 105.3.2 is amended to read as a follows:

Sec. 105.3.2. Time limitation of application. An application for a permit for any proposed work shall be deemed to have been abandoned 180 days after the date of filing, unless the permit has been issued; except that the Building Official may extend the time for action by the applicant for a period not exceeding one hundred and eighty (180) days upon request by the applicant showing that circumstances beyond the control of the applicant have prevented action from being taken. No application shall be extended more than once. In order to renew action on an application after expiration, the applicant shall resubmit plans and pay a new plan review fee.

City Council 27 – 5 12/6/2022
Ordinance No. NS-XXX

An application for a certificate of occupancy shall be deemed to have been abandoned 12 months after the date of filing, unless the certificate of occupancy has been issued or the building permit associated with the certificate of occupancy has not expired; except that the Building Official may extend the time for action by the applicant for a period not exceeding one hundred and eighty (180) days upon request by the applicant showing that circumstances beyond the control of the applicant have prevented action from being taken. In order to renew action on an application after expiration, the applicant shall pay a new certificate of occupancy application fee.

Section 4. Section 8-85 of the Santa Ana Municipal Code is hereby amended to read as follows:

Sec. 8-85. - Seismic loads (California Existing Building Code, Chapter 5, Section 506.45.3).

Chapter 5, Section 506.45.3 of the California Existing Building Code is amended by adding the following paragraph thereto:

The conversion of any portion of an existing building to residential use shall be analyzed for 75 percent of the Design Earthquake Ground motion, as defined in Section 1613.2 of the California Building Code, but in no event shall there be a reduction in the capacity of the seismic force resisting system where such system provides a greater level of protection than the minimum requirements established by this code. Performancebased engineering analysis and design procedures may be used to evaluate the existing structure and the design of strengthening elements when approved by the Building Official. All new structural elements shall meet current detailing requirements of Section 1604 of the California Building Code.

Section 5. Section 8-290 of the Santa Ana Municipal Code is hereby amended to read as follows:

Sec. 8-290. - Adoption by reference.

There is adopted by the city that certain code known as the California Plumbing Code, 20192022 Edition, including the following appendices thereto: A, B, D, I and J, (hereinafter referred to in this article as the "Plumbing Code"), together with subsequent supplements or amendments, which shall become effective, adopted and incorporated by reference into this Code on the date specified by the state building standards commission, unless otherwise specified. The plumbing code is adopted and incorporated by reference as fully set forth at length herein as provided for in section 419 of the Charter of the city, except for the City Council 27 – 6 12/6/2022
Ordinance No. NS-XXX

changes to the plumbing code set forth in this chapter of this Code that specifically amend the plumbing code. Any previously enacted, unrepealed provision of this Code that amended a pre-20192022 edition of the "Plumbing Code" shall also be construed as amending the applicable provision of the 20192022 or later edition of the plumbing code. The plumbing code as amended, together with all other provisions of this article, shall be known as the city plumbing code.

Section 6. Section 8-556 of the Santa Ana Municipal Code is hereby amended to read as follows:

Sec. 8-556. - Adoption by reference.

There is adopted by the city that certain code known as the California Mechanical Code, 20192022 edition (hereinafter referred to in this article as the "California Mechanical Code" "Mechanical Code" or "mechanical code"), together with subsequent supplements, amendments, or editions, which shall become effective, adopted, and incorporated by reference into this Code on the date specified by the state building standards commission, unless otherwise specified. The mechanical code is adopted and incorporated by reference as though fully set forth at length herein as provided for in section 419 of the Charter of the city, except for the changes to the mechanical code set forth in this chapter of this Code that specifically amend the mechanical code. Any previously enacted, unrepealed provision of this Code that amended a pre-20192022 edition of the "Mechanical Code" shall also be construed as amending the applicable provision of the 20192022 or later edition of the mechanical code. The mechanical code as amended, together with all other provisions of this article, shall be known as the city mechanical code.

Section 7. Section 8-667 of the Santa Ana Municipal Code is hereby amended to read as follows:

Sec. 8-667. - Adoption by reference.

There is adopted by the city that certain code known as the California Electrical Code 20192022 Edition and the administrative provisions set forth herein, (hereinafter referred to in this article as the "Electrical Code") together with subsequent supplements, amendments, or editions, which shall become effective, adopted, and incorporated by reference into this Code on the date specified by the state building standards commission, unless specifically adopted prior to that date, of which not less than one (1) copy of said Code has been and is now on file in the office of the clerk of the council of the city pursuant to Health and Safety Code Section 18942(d)(1) and are made available for public inspection. The electrical code is adopted and incorporated by reference as though fully set forth at length herein as provided for in section 419 of the Charter of the city, City Council 27 – 7 12/6/2022
Ordinance No. NS-XXX

except for the changes to the electrical code set forth in this chapter of this code that specifically amend the electrical code. Any previously enacted, unrepealed provision of this Code that amended a pre-20192022 edition of the "Electrical Code" shall also be construed as amending the applicable provision of the 20192022 or later edition of the electrical code. The electrical code as amended, together with all other provisions of this article, shall be known as the city electrical code.

Annex which are adopted pursuant to this section are as follows:

Informative Annex A, Product Safety Standards
Section 8. Section 8-2000 of the Santa Ana Municipal Code is hereby amended to read as follows:

Sec. 8-2000. - Adoption by reference.

There is adopted by the city that certain code known as the 20182021 International Property Maintenance Code (hereinafter referred to as the "Property Maintenance Code"), together with subsequent supplements, amendments, or editions, which shall become effective, adopted, and incorporated by reference into this Code on each new official publication date of the International Property Maintenance Code, of which not less than one (1) copy of said Code has been and is now on file in the office of the clerk of the council of the city pursuant to Health and Safety Code Section 18942(d)(1) and are made available for public inspection. The said Code is adopted and incorporated as fully as if set forth at length herein as provided for in section 419 of the Charter of the city, except for the changes to the property maintenance code set forth in this chapter of this Code that specifically amends the property maintenance code. Any previously enacted, unrepealed provision of this Code that amended a pre-20182021 edition of the "Property Maintenance Code" shall also be construed as amending the applicable provision of the 20182021 or later edition of the property maintenance code. The property maintenance code, as thus amended, together with all other provisions of this article, shall be known as the city property maintenance code.

Section 9. Section 8-2800 of the Santa Ana Municipal Code is hereby amended to read as follows:

Sec. 8-2800. - Adoption by reference.

There is adopted by the city that certain code known as the California Residential Code, 20192022 Edition, based on the 20182021 International Residential Code as published by the International Code Council, (hereinafter referred to in this article as the "Residential Code" or City Council 27 – 8 12/6/2022
Ordinance No. NS-XXX

"California Residential Code"), (together with subsequent supplements or amendments shall become effective, adopted, and incorporated by reference into this Code on the date specified by the state building standards commission, unless otherwise specified), of which not less than one (1) copy of said Code has been and is now on file in the office of the Clerk of the Council of the city pursuant to Health and Safety Code Section 18942(d)(1) and are made available for public inspection. The Residential code is adopted and incorporated by reference as though fully set forth at length herein as provided for in section 419 of the Charter of the city, except for the changes to the Residential code set forth in this chapter that specifically amends the Residential Code. The Residential code, as thus amended, together with all other provisions of this article, shall be known as the city residential code.

Appendices which are adopted pursuant to this section, are as follows:

Appendix H, Patio Covers
Appendix J, Existing Buildings and Structures
Section 10. Section 8-2810 of the Santa Ana Municipal Code is hereby amended to read as follows:

Sec. 8-2810. - Climatic and Geographic Design Criteria (Table R301.2(1)).

Table R301.2(1) is revised to read:

TABLE R301.2(1)

CLIMATIC AND GEOGRAPHIC DESIGN CRITERIA
GROUND
SNOW
LOAD

WIND DESIGN

SEISMIC
DESIGN
CATEGORY f

SUBJECT TO DAMAGE
FROM
WINTER
DESIGN
TEMP e
ICE

BARRIER
UNDERLAYMENT
REQUIRED h
FLOOD
HAZARDS g
AIR

FREEZING
INDEX i
MEAN
ANNUAL
TEMP j
Speed d
(mph)
Topographic
effects k
Special
wind
regionl
Windborne
debris
zonem
Weathering a
Frost
line
Depth b
Termite c
Zero 11095 No No No D2 or E Negligible 12-24”
Very
Heavy 43 No
See
Exhibit B 0 60
For SI: 1 pound per square foot = 0.0479 kPa, 1 mile per hour = 0.447 m/s. a. Weathering may require a higher strength concrete or grade of masonry than necessary to satisfy the structural requirements of this code. The weathering column shall be filled in with the weathering index (i.e., "negligible," "moderate" or "severe") for concrete as determined from the Weathering Probability Map [Figure R301.2(3)]. The grade of masonry units shall be determined from ASTM C 34, C 55, C 62, C 73, C 90, C 129, C 145, C 216 or C 652.

City Council 27 – 9 12/6/2022
Ordinance No. NS-XXX

b. The frost line depth may require deeper footings than indicated in Figure R403.1(1). The jurisdiction shall fill in the frost line depth column with the minimum depth of footing below finish grade.
c. The jurisdiction shall fill in this part of the table to indicate the need for protection depending on whether there has been a history of local subterranean termite damage.
d. The jurisdiction shall fill in this part of the table with the wind speed from the basic wind speed map [Figure R30l.2(A)].Wind exposure category shall be determined on a site-specific basis in accordance with Section R301.2.1.4. e. Temperatures shall be permitted to reflect local climates or local weather experience as determined by the building official.
f. The jurisdiction shall fill in this part of the table with the seismic design category determined from Section R301.2.2.1.
g. The jurisdiction shall fill in this part of the table with (a) the date of the jurisdiction's entry into the National Flood Insurance Program (date of adoption of the first code or ordinance for management of flood hazard areas), (b) the date(s) of the Flood Insurance Study and (c) the panel numbers and dates of all currently effective FIRMs and FBFMs or other flood hazard map adopted by the authority having jurisdiction, as amended.
h. In accordance with Sections R905.2.7.1, R905.4.3.1, R905.5.3.1, R905.6.3.1, R905.7.3.1 and R905.8.3.1, where there has been a history of local damage from the effects of ice damming, the jurisdiction shall fill in this part of the table with "YES." Otherwise, the jurisdiction shall fill in this part of the table with "NO."
i. The jurisdiction shall fill in this part of the table with the 100-year return period air freezing index (BF-days) from Figure R403.3(2) or from the l00-year (99%) value on the National Climatic Data Center data table "Air Freezing IndexUSA Method (Base 32°)" at www.ncdc.noaa.gov/fpsf.htrnl. j. The jurisdiction shall fill in this part of the table with the mean annual temperature from the National Climatic Data Center data table "Air Freezing Index-USA Method (Base 32°F)" at www.ncdc.noaa.gov/fpsf.html. k. In accordance with Section R301.2.1.5, where there is local historical data documenting structural damage to buildings due to topographic wind speed-up effects, the jurisdiction shall fill in this part of the table with "YES." Otherwise, the jurisdiction shall indicate "NO" in this part of the table.

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l. In accordance with Figure R301.2(5)A, where there is local historical data documenting unusual wind conditions, the jurisdiction shall fill in this part of the table with "YES" and identify any specific requirements. Otherwise, the jurisdiction shall indicate "NO" in this part of the table. m. In accordance with Section R301.2.1.2 the jurisdiction shall indicate the windborne debris wind zone(s). Otherwise, the jurisdiction shall indicate "NO" in this part of the table.
n. The jurisdiction shall fill in these sections of the table to establish the design criteria using Table 1a or 1b from ACCA Manual J or established criteria determined by the jurisdiction.
o. The jurisdiction shall fill in this section of the table using the Ground Snow Loads in Figure R301.2(6).

Section 11. Section 8-2900 of the Santa Ana Municipal Code is hereby amended to read as follows:

Sec. 8-2900. - Adoption by reference.

There is adopted by the city that certain code known as the California Green Building Standards Code, 20192022 Edition, as published by the International Code Council, (hereinafter referred to in this article as the "California Green Building Standards Code"), (effective, adopted, and incorporated by reference into this Code on the date specified by the state building standards commission, unless otherwise specified), of which not less than one (1) copy of said Code has been and is now on file in the office of the clerk of the council of the city pursuant to Health and Safety Code Section 18942(d)(1) and are made available for public inspection.

The Green Building Standards code is adopted and incorporated by reference as though fully set forth at length herein as provided for in section 419 of the Charter of the city. The California Green Building Standards code, as thus amended, together with all other provisions of this article, shall be known as the city Green Building Standards code.

Section 12. Section 8-3000 of the Santa Ana Municipal Code is hereby amended to read as follows:

Sec. 8-3000. - Adoption by reference.

There is adopted by the city that certain code known as the California Energy Code, 20192022 Edition, as published by the International Code Council, (hereinafter referred to in this article as the "California Energy Code"), (effective, adopted, and incorporated by reference into this Code on the date specified by the state building standards commission, unless City Council 27 – 11 12/6/2022
Ordinance No. NS-XXX

otherwise specified), of which not less than one (1) copy of said Code has been and is now on file in the office of the clerk of the council of the city pursuant to Health and Safety Code Section 18942(d)(1) and are made available for public inspection. The California Energy Code is adopted and incorporated by reference as though fully set forth at length herein as provided for in section 419 of the Charter of the city. The California Energy Code, as thus amended, together with all other provisions of this article, shall be known as the city Energy code.

Section 13. Article XIX of Chapter 8 of the Santa Ana Municipal Code is hereby added to read as follows:

ARTICLE. XIX – CALIFORNIA HISTORICAL BUILDING CODE
Sec. 8-3100. - Adoption by reference.

There is adopted by the city that certain code known as the California Historical Building Code, 2022 Edition, as published by the International Code Council, (hereinafter referred to in this article as the "California Historical Building Code"), (effective, adopted, and incorporated by reference into this Code on the date specified by the state building standards commission, unless otherwise specified), of which not less than one (1) copy of said Code has been and is now on file in the office of the clerk of the council of the city pursuant to Health and Safety Code Section 18942(d)(1) and are made available for public inspection. The California Historical Building Code is adopted and incorporated by reference as though fully set forth at length herein as provided for in section 419 of the Charter of the city. The California Historical Building Code, as thus amended, together with all other provisions of this article, shall be known as the city Historical Building code.

Section 14. Section 14-1 of the Santa Ana Municipal Code is hereby amended to read as follows:

Sec. 14-1. Adoption by reference.

There is adopted by the city that certain code known as the California Fire Code 20192022 Edition, based on the 20182021 International Fire Code as published by the International Code Council, (hereinafter referred to in this article as the “California Fire Code” or “fire code”) and the whole thereof including the Appendices therein, errata issued during and after the publishing date, save and except such portions as are hereinafter deleted or amended, of which code not less than one (1) copy has been and is now on file in the office of the clerk of the council of the city pursuant to Health and Safety Code Section 18942(d)(1) and are made available for public inspection. Said code is adopted and incorporated as City Council 27 – 12 12/6/2022
Ordinance No. NS-XXX

fully as if set forth at length herein and, subject to all amendments set forth in this article, shall be in effect within the city from the effective date of this article. Any provision of this article amending the above mentioned codes shall be construed as amending the 20182021 and 20192022 editions thereof including such provisions enacted prior to this adoption of the said 20182021 and 20192022 editions and not thereafter repealed. The International Fire Code, 20182021 edition and the California Fire Code 20192022 edition, as thus amended, together with all other provisions of this article, shall be known as the "Fire Code of the City of Santa Ana." Section 15. Section 14-3.1 of the Santa Ana Municipal Code is hereby amended to read as follows:

Sec. 14-3.1. - Violation penalties (Section 110112.4).

Section 110112.4 Violation penalties.
110112.4 Violation penalties. Persons who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or shall fail to comply with any issued orders or notices or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the fire code official, or of a permit or certificate used under provisions of this code, shall be subject to penalties assessed as prescribed in the OCFA Prevention Field Services adopted fee schedule. Each day that a violation continues after due notice has been served shall be deemed a separate offense. (a) Section 110112.4.2 Infraction and misdemeanor is hereby added as follows:
110112.4.2 Infraction and misdemeanor. Persons operating or maintaining any occupancy, premises or vehicle subject to this code that shall permit any fire or life safety hazard to exist on premises under their control shall be guilty of an infraction. Persons who fail to take immediate action to abate a fire or life safety hazard when ordered or notified to do so by the chief or a duly authorized representative are guilty of a misdemeanor.

Section 16. Section 14-22 of the Santa Ana Municipal Code is hereby amended to read as follows:

Sec. 14-22. - General requirements (Chapter 3).

Chapter 3 General Requirements. Adopt Chapter 3 in its entirety, with the exception of Sections 308.1.4, 311.5 through 311.5.5, 318, and 319, and with the following amendments:

City Council 27 – 13 12/6/2022
Ordinance No. NS-XXX

(a) Section 304.1.2 Vegetation. Weeds, grass, vines or other growth that is capable of being ignited and endangering property, shall be cut down and removed by the owner or occupant of the premises. Vegetation clearance requirement in urban-wildland interface areas shall be in accordance with Chapter 49. Type, amount, arrangement, and maintenance of vegetation in a fuel modification area, interior slope, or similarly hazardous area shall be in accordance with OCFA Guideline C05 “Vegetation Management Guideline—Technical Design for New Construction, Fuel Modification Plans, and Maintenance Program.” (b) Section 305.6 Hazardous Conditions is hereby added as follows:
305.6 Hazardous conditions. Outdoor fires burning wood or other solid fuel are not allowed when any of the following conditions applies:

1. when predicted sustained winds exceed 8 MPH and relative humidity is less than 25%, or a red flag condition has been declared

2. when an official sign was caused to be posted by the fire code official, or a public announcement is made
No outdoor fires using any fuel type are permitted when predicted sustained winds exceed 20 MPH or when such fires present a hazard as determined by the fire code official.
(c) Section 305.7 Disposal of rubbish is hereby added as follows:
305.7 Disposal of rubbish. Rubbish, trash or combustible waste material shall be burned only within an approved incinerator and in accordance with Section 307.2.1.
(d) Section 307 OPEN BURNING, RECREATIONAL FIRES AND
PORTABLE OUTDOOR FIREPLACES is hereby added as follows:

SECTION 307 OPEN BURNING, RECREATIONAL FIRES, FIRE PITS,

FIRE RINGS, AND PORTABLE OUTDOOR FIREPLACES
Section 307.6 Outdoor Fireplaces, fire Pits, Fire Rings, or similar devices used at Group R Occupancies is hereby added as follows:
307.6 Outdoor Fireplaces, Fire Pits, Fire Rings, or similar devices used at Group R Occupancies. Outdoor fireplaces, fire pits, fire rings, or similar exterior devices used at Group R shall comply with this section.

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Ordinance No. NS-XXX

Exception: Barbeques, grills, and other portable devices intended solely for cooking.
307.6.1 Gas-fueled devices. Outdoor fireplaces, fire pits and similar devices fueled by natural gas or liquefied-petroleum gas are allowed when approved by the Building Department and the device is designed to only burn a gas flame and not wood or other solid fuel. At R-3 occupancies, combustible construction shall not be located within three feet of an atmospheric column that extends vertically from the perimeter of the device. At other R occupancies, the minimum distance shall be ten feet.

Where a permanent Building Department approved hood and vent is installed, combustible construction may encroach upon this column between the bottom of the hood and the vent opening. Where chimneys or vents are installed, they shall have a spark arrester as defined in Section 202.

Section 307.6.2 Devices using wood or fuels other than natural gas or liquefied-petroleum gas is hereby amended as follows:
307.6.2 Devices using wood or fuels other than natural gas or liquefied-petroleum gas. Permanent outdoor fireplaces burning wood or other solid fuel shall be constructed in accordance with the California Building Code with clearance from combustible construction and building openings as required therein. Fires in a fireplace shall be contained within a firebox with an attached chimney. The opening in the face of the firebox shall have an installed and maintained method of arresting sparks.

The burning of wood or other solid fuel in a device is not allowed within 25 feet of combustible structures, unless within an approved permanent fireplace. Conditions which could cause a fire to spread within 25 feet of a structure or to vegetation shall be eliminated prior to ignition. Fires in devices burning wood or solid fuel shall be in accordance with Sections 305, 307, and 308.

Exceptions:

1. Portable fireplaces and fire rings/pits equipped with a device to arrest sparks shall be located at least 3’ from combustible construction at R-3 occupancies,

2. Portable fireplaces, and fire pits/rings equipped with a device to arrest sparks, shall be located at least 15 feet from combustible structures at other R occupancies.

Section 307.6.2.1 Where prohibited is hereby amended as follows:

City Council 27 – 15 12/6/2022
Ordinance No. NS-XXX

307.6.2.1 Where prohibited. The burning of wood and other solid fuels shall not be conducted within a fuel modification zone, Wildfire Risk Area (WRA), Wildland-Urban Interface Area (WUI), or in locations where conditions could cause the spread of fire to the WRA or WUI.

Exceptions:

1. Permanent fireplaces that are not located in a fuel modification zone

2. Where determined by the Fire Code Official that the location or design of the device should reasonably prevent the start of a wildfire. (e) Section 308.1.6.3 Sky lanterns is hereby revised as follows:
308.1.6.3 Sky lanterns. A person shall not ignite, release, or cause to be released a sky lantern.
(ge) Section 321 324 Fuel Modification Requirements for New Construction is hereby amended as follows:
321 324 Fuel Modification Requirements for New Construction. All new structures and facilities adjoining land containing hazardous combustible vegetation shall be approved and in accordance with the requirements of OCFA Guideline C-05 “Vegetation Management Guideline – Technical Design for New Construction Fuel Modification Plans and Maintenance Program.”
(hf) Section 322 325 Clearance of brush or vegetation growth from roadways is hereby amended as follows:
322 325 Clearance of brush or vegetation growth from roadways. The fire code official is authorized to cause areas within 10 feet (3048 mm) on each side of portions of highways and private streets which are improved, designed or ordinarily used for vehicular traffic, to be cleared of flammable vegetation and other combustible growth. Measurement shall be from the flow-line or the end of the improved edge of the roadway surfaces.

Exception: Single specimens of trees, ornamental shrubbery or cultivated ground cover such as green grass, ivy, succulents or similar plants used as ground covers, provided that they do not form a means of readily transmitting fire.
(ig) Section 323 326 Unusual Circumstances is hereby amended as follows:

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Ordinance No. NS-XXX

323 326 Unusual circumstances. The fire code official may suspend enforcement of the vegetation management requirements and require reasonable alternative measures designed to advance the purpose of this code if determined that in any specific case that any of the following conditions exist:

1. Difficult terrain.

2. Danger of erosion.

3. Presence of plants included in any state and federal resources agencies, California Native Plant Society and county-approved list of wildlife, plants, rare, endangered and/or threatened species.

4. Stands or groves of trees or heritage trees.

5. Other unusual circumstances that make strict compliance with the clearance of vegetation provisions undesirable or impractical.
(jh) Section 324 327 Use of Equipment is hereby added as follows:
324 327Use of equipment. Except as otherwise provided in this section, no person shall use, operate, or cause to be operated in, upon or adjoining any hazardous fire area any internal combustion engine which uses hydrocarbon fuels, unless the engine is equipped with a spark arrester as defined in Section 202 maintained in effective working order, or the engine is constructed, equipped and maintained for the prevention of fire.

Exception:

1. Engines used to provide motor power for trucks, truck tractors, buses, and passenger vehicles, except motorcycles, are not subject to this section if the exhaust system is equipped with a muffler as defined in the Vehicle Code of the State of California.

2. Turbocharged engines are not subject to this section if all exhausted gases pass through the rotating turbine wheel, there is no exhaust bypass to the atmosphere, and the turbocharger is in good mechanical condition.
(ki) Section 324327.1 Use of Equipment and Devices Generating Heat, Sparks or Open Flames is hereby amended as follows:
324327.1 Equipment and devices generating heat, sparks or open flames. During any time of the year within Wildfire Risk Areas, within or City Council 27 – 17 12/6/2022
Ordinance No. NS-XXX

immediately adjacent to any forest- or brush-covered land or non-irrigated grass-covered land, no person shall use or operate any welding equipment, cutting torches, tar pots, grinding devices, or other tools or equipment that may produce a spark, fire, or flame that could result in a wildfire without doing the following:

1. First clearing away all flammable material, including snags, from the area around such operation for a distance of 30 feet or other approved method to reduce fire spread into the wildlands. If 30 foot clearing cannot be achieved then an alternate method shall be approved by the AHJ prior to work starting.

2. Maintain one serviceable round point shovel with an overall length of not less than forty-six (46) inches and one backpack pump water-type fire extinguisher fully equipped and ready for use at the immediate area during the operation.

3. Stop work when winds are 8 MPH during periods when
relative humidity is less than 25%, or a red flag condition has been declared or public announcement is made, when an official sign was caused to be posted by the fire code official, or when such fires present a hazard as determined by the fire code official.

4. Keep a cell phone nearby and call 911 immediately in case of a fire.
(lj) Section 324327.2 Spark arresters is hereby added as follows:
324327.2 Spark arresters. Spark arresters shall comply with Section 202, and when affixed to the exhaust system of engines or vehicles subject to Section 324 327 shall not be placed or mounted in such a manner as to allow flames or heat from the exhaust system to ignite any flammable material.

Section 17. Section 14-23 of the Santa Ana Municipal Code is hereby amended to read as follows:

Sec. 14-23. - Emergency planning and preparedness (Chapter 4).

Chapter 4: Emergency Planning and Preparedness. Adopt only those sections and subsections adopted by SFM with the following amendment.

Section 407.5 is revised as follows:

City Council 27 – 18 12/6/2022
Ordinance No. NS-XXX

407.5 Hazardous Materials Inventory Statement. Where required by the fire code official, each application for a permit shall include OCFA’s Chemical Classification Guideline in accordance with Section 5001.5.2.

Chapter 4: Emergency Planning and Preparedness. Only the following Sections listed below are adopted:

1. 401 – 401.9

2. 402

3. 403.2

4. 403.5 – 403.5.4

5. 403.10.2.1.1

6. 403.13 – 403.13.3

7. 404.5 – 404.6.6

8. 407
Section 18. Section 14-24 of the Santa Ana Municipal Code is hereby amended to read as follows:

Sec. 14-24. - Fire service features (Chapter 5).

Chapter 5 Fire Service Features is adopted in its entirety with the following amendments:
(a) SECTION 501.1 Scope is revised to read as follows:
501.1 Scope. Fire service features for buildings, structures and premises shall comply with this chapter and, where required by the fire code official, with OCFA Guideline B-091, “Fire Master Plan for Commercial & Residential Development.” Fire service features for buildings, structures and premises located in State Responsibility Areas, and Local Responsibility Areas designated as Very High Hazard Fire Severity Zone shall also comply with OCFA Guideline B-09a, “Fire Safe Development in State Responsibility Areas, and Local Responsibility Areas designated as Very High Hazard Fire Severity Zone”.
(b) Section 505.1 Address Identification is revised as follows:
505.1 Address identification. New and existing buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Where required by the fire code official, address numbers shall be provided in additional approved locations to facilitate emergency response. Address numbers shall be Arabic numbers or City Council 27 – 19 12/6/2022
Ordinance No. NS-XXX

alphabetical letters. Numbers shall be a minimum of 4 inches (101.6 mm) high with a minimum stroke width of 0.5 inch (12.7 mm) for R-3 occupancies, for all other occupancies the numbers shall be a minimum of 6 inches high with a minimum stroke width of 1 inch. Where access is by means of a private road and the building cannot be viewed from the public way, a monument, pole or other sign or means shall be used to identify the structure. Address numbers shall be maintained.
(cb) Section 510.1 Emergency responder radio coverage is revised to read as follows:
510.1 Emergency responder radio coverage in new buildings. All new buildings shall have approved radio coverage for emergency responders within the building based upon the existing coverage levels of the public safety communication systems utilized by the jurisdiction measured at the exterior of the building. This section shall not require improvement of the existing public safety communication systems. The Emergency Responder Radio Coverage System shall comply with the Orange County Sheriff’s Department, Communications and Technology Division guidelines and specifications and, where the functionality or performance requirements in the California Fire Code are more stringent, this code.

Exceptions:

1. In buildings or structures where it is determined by the fire code official that the radio coverage system is not needed, including but not limited to the following:
a. Existing buildings or structures, unless required by the Building Official and OCFA for buildings and structures undergoing extensive remodel and/or expansion.
b. Elevators.
c. Structures that meet all of the following:
i. Three stories or less, and
ii. Do not have subterranean storage or parking, and
iii. Do not exceed 50,000 square feet on any single story. d. Structures that meet all of the following:
i. Residential structures four stories or less, and
ii. Constructed of wood, and
iii. Do not have subterranean storage or parking, and
iv. Are not built integral to an above ground multi-story parking structure.

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Ordinance No. NS-XXX

Should a structure that is three stories or less and 50,000 square feet or smaller on any single story include subterranean storage or parking, then this ordinance shall apply only to the subterranean areas.

2. In facilities where emergency responder radio coverage is required and such systems, components or equipment required could have a negative impact on the normal operations of the facility, the fire code official shall have the authority to accept an automatically activated emergency radio coverage system.
(d) Section 510.2 Emergency responder radio coverage in existing buildings is deleted without replacement.
(e) Section 510.3 Permit required is deleted without replacement. (f) Section 510.4.2.2 Technical Criteria is adopted without amendment. (g) Section 510.5.1 Approval prior to installation is adopted without amendment.
(h) Section 510.5.2 Minimum qualification of personnel is removed without replacement.
(i) Section 510.5.3 Acceptance test procedure is adopted without amendment.
(j) Section 510.6.1 Testing and proof of compliance is adopted without amendment.

Section 19. Section 14-30 of the Santa Ana Municipal Code is hereby amended to read as follows:

Sec. 14-30. - Fire protection and Life Safety Systems (Chapter 9).

Chapter 9 Fire protection and Life Safety Systems is adopted in its entirety with the following amendments:
(a) Section 903.2 Where required is hereby amended as follows:
903.2 Where required. Approved automatic sprinkler systems in buildings and structures shall be provided when one of the following conditions exists:

1. New buildings: Notwithstanding any applicable provisions of Sections 903.2.1 through 903.2.19, an automatic fireextinguishing system shall also be installed in all City Council 27 – 21 12/6/2022
Ordinance No. NS-XXX

occupancies when the total building area exceeds 5,000
square feet (465 m2) as defined in Section 202, regardless of fire areas or allowable area, or is more than two stories in height.

Exception: Subject to approval by the Fire Code Official, open parking garages in accordance with Section 406.5 of the California Building Code that are smaller than the area specified in section 903.2.10 (3) or 903.2.10.1 of the California Fire Code.

2. Existing Buildings: Notwithstanding any applicable provisions of this code, an automatic sprinkler system shall be provided in an existing building when an addition occurs and one of the following conditions exists:
a. When an addition is 33% or more of the existing building area, and the resulting building area exceeds 5000 square feet (465 m2) as defined in Section 202; or
b. When an addition exceeds 2000 square feet (186 m2) and the resulting building area exceeds 5000 square feet (465 m2) as defined in Section 202; or
c. An additional story is added above the second floor
regardless of fire areas or allowable area.

Exception: Group R-3 occupancies shall comply with Section 903.2.8.
(b) Section 903.3.5.3 Hydraulically calculated systems is hereby added as follows:
903.3.5.3 Hydraulically calculated systems. The design of hydraulically calculated fire sprinkler systems shall not exceed 90% of the water supply capacity.

Exception: When static pressure exceeds 100 psi, and required by the Fire Code Official, the fire sprinkler system shall not exceed water supply capacity specified by Table 903.3.5.

City Council 27 – 22 12/6/2022
Ordinance No. NS-XXX

TABLE 903.3.5.3

HYDRAULICALLY CALCULATED SYSTEMS
City Council 27 – 23 12/6/2022
Ordinance No. NS-XXX

Section 20. Section 14-31 of the Santa Ana Municipal Code is hereby amended to read as follows:

Sec. 14-31. - Construction requirements for Existing Buildings (Chapter 11).

Chapter 11 Construction Requirements for Existing Buildings: Adopt only those sections and subsections adopted by SFM.

Sec. 14-31. – Energy Systems (Chapter 12).

Chapter 12 Energy Systems is adopted in its entirety with the following amendments added:
1201.1.1 Other Systems Where required by the fire code official, other systems and operations including but not limited to battery systems assembly, battery reconditioning and storage, research and development of battery storage systems, electric vehicle manufacturing and testing, and battery charging systems for cars and carts inside of buildings or structures, shall comply with this chapter.

Section 21. Section 14-32 of the Santa Ana Municipal Code is hereby amended to read as follows:

Sec. 14-32. – Construction requirements for Existing Buildings (Chapter 11).

Sec. 14-32. - Energy Systems (Chapter 12).

Chapter 12 Energy Systems is adopted in its entirety as amended by SFM.Chapter 11 Construction Requirements for Existing Buildings: Only the following Sections and Subsections are adopted:
1103.7
1103.7.3
1103.7.3.1
1103.7.8 – 1103.7.8.2
1103.7.9 – 1103.7.9.10
1103.8 – 1103.8.5.3
1103.9.1
1107
1113
1114
1115
1116
Section 22. Section 14-34 of the Santa Ana Municipal Code is hereby amended to read as follows:

City Council 27 – 24 12/6/2022
Ordinance No. NS-XXX

Sec. 14-34. - Lumber Yards and Agro-Industrial, Solid Biomass and Woodworking Facilities (Chapter 28).

Chapter 28 Lumber Yards and Agro-Industrial, Solid Biomass and Woodworking Facilities is adopted in its entirety with the following amendments:
(a) Section 2801.2 Permit is hereby revised as follows:
2801.2 Permit. Permits shall be required as set forth in Section 105.6. and 105.6.29.
(b) Section 2808.2 Storage site is hereby revised as follows:
2808.2 Storage site. Storage sites shall be level and on solid ground, elevated soil lifts or other all-weather surface. Sites shall be thoroughly cleaned and approval obtained from the fire code official before transferring products to the site.
(c) Section 2808.3 Size of piles is hereby revised as follows:
2808.3 Size of piles. Piles shall not exceed 15 feet in height, 50 feet in width and 100 feet in length.

Exception: The fire code official is authorized to allow the pile size to be increased where a fire protection plan is provided for approval that includes, but is not limited to, the following:

1. Storage yard areas and materials-handling equipment selection, design and arrangement shall be based upon sound fire prevention and protection principles.

2. Factors that lead to spontaneous heating shall be identified in the plan, and control of the various factors shall be identified and implemented, including provisions for monitoring the internal condition of the pile.

3. The plan shall include means for early fire detection and reporting to the public fire department; and facilities needed by the fire department for fire extinguishment including a water supply and fire hydrants.

4. Fire apparatus access roads around the piles and access roads to the top of the piles shall be established, identified and maintained.

City Council 27 – 25 12/6/2022
Ordinance No. NS-XXX

5. Regular yard inspections by trained personnel shall be included as part of an effective fire prevention maintenance program.

Additional fire protection called for in the plan shall be provided and shall be installed in accordance with this code. The increase of the pile size shall be based upon the capabilities of the installed fire protection system and features. (d) Section 2808.4 Pile Separation is hereby added as follows:
2808.4. Pile separation. Piles shall be separated from adjacent piles by a minimum distance of 20 feet. Additionally, piles shall have a minimum separation of 100 feet from combustible vegetation.
(e) Section 2808.7 Pile fire protection is hereby revised as follows:
2808.7 Pile fire protection. Automatic sprinkler protection shall be provided in conveyor tunnels and combustible enclosures that pass under a pile.

Combustible conveyor systems and enclosed conveyor systems shall be equipped with an approved automatic sprinkler system. Oscillating sprinklers with a sufficient projectile reach are required to maintain a 40% to 60% moisture content and wet down burning/smoldering areas.
(f) Section 2808.9 Material-handling equipment is hereby revised as follows:
2808.9 Material-handling equipment. All material handling equipment operated by an internal combustion engine shall be provided and maintained with an approved spark arrester. Approved material-handling equipment shall be available for moving wood chips, hogged material, wood fines and raw product during fire-fighting operations.
(g) Section 2808.11 Temperature control, is hereby added as follows:
2808.11 Temperature control. The temperature shall be monitored and maintained as specified in Sections 2808.11.1 and 2808.11.2. (h) Section 2808.11.1 Pile temperature control, is hereby added as follows:
2808.11.1 Pile temperature control. Piles shall be rotated when the internal temperature readings are in excess of 165 degrees Fahrenheit. (i) Section 2808.11.2 New material temperature control, is hereby added as follows:
2808.11.2 New material temperature control. New loads delivered to the facility shall be inspected and tested at the facility entry prior to taking delivery.

Material with temperature exceeding 165 degrees Fahrenheit shall not be City Council 27 – 26 12/6/2022
Ordinance No. NS-XXX

accepted on the site. New loads shall be monitored to verify that the temperature remains stable.
(j) Section 2808.12 Water availability is hereby added as follows:
2808.12 Water Availability. Facilities with over 2500 cubic feet shall provide a water supply. The minimum fire flow shall be no less than 500 GPM @ 20 psi for a minimum of 1 hour duration for pile heights up to 6 feet and 2 hour duration for pile heights over 6 feet. If there is no water purveyor, an alternate water supply with storage tank(s) shall be provided for fire suppression. The water supply tank(s) shall provide a minimum capacity of 2500 gallons per pile (maximum 30,000 gallons) for piles not exceeding 6 feet in height and 5000 gallons per pile (maximum 60,000) for piles exceeding 6 feet in height. Water tank(s) shall not be used for any other purpose unless the required fire flow is left in reserve within the tank at all times. An approved method shall be provided to maintain the required amount of water within the tank(s).
(k) Section 2808.13 Tipping area is hereby added as follows:
2808.13 Tipping areas shall comply with the following:

1. Tipping areas shall not exceed a maximum area of 50 feet by 50 feet.

2. Material within a tipping area shall not exceed 5 feet in height at any time.

3. Tipping areas shall be separated from all piles by a 20 foot wide fire access lane.

4. A fire hydrant or approved fire water supply outlet shall be located within 150 feet of all points along the perimeter of the tipping area.

5. All material within a tipping area shall be processed within 5 days of receipt.
(l) Section 2808.14 Emergency Contact is hereby added as follows:
2808.14 Emergency Contact. The contact information of a responsible person or persons shall be provided to the Fire Department and shall be posted at the entrance to the facility for responding units. The responsible party should be available to respond to the business in emergency situations
(m) Section 2808.15 Maximum Grid of Piles and Rows is hereby added as follows:

City Council 27 – 27 12/6/2022
Ordinance No. NS-XXX

2808.15 Maximum Grid of Piles and Rows, Rows of Piles shall not exceed 500 feet by 500 feet. Grids shall be separated by a minimum 50 foot clear space used for no other purpose.
(n) 2808.16 Push-out / Clear area is hereby added as follows:
2808.16 Push-out / Clear area Piles exceeding 20 cubic yards shall be provided with push-out areas. Push-out areas shall be maintained clear at all times to allow for the largest pile to be spread out to a depth of 2 feet in height. Push-out areas shall be located within 250 feet of all edges of any pile and shall be located a minimum of 20 feet from any building.

Section 23. Section 14-35 of the Santa Ana Municipal Code is hereby amended to read as follows:

Sec. 14-35. - Requirements for wildland-urban interface fire areas (Chapter 49).

Chapter 49 Requirements for Wildland-Urban Interface Fire Areas is adopted in its entirety with the following amendment:

Section 4903.3 Fuel Modification Plans is hereby added as follows:
4903.3 Fuel Modification Plans. Fuel modification plans shall be reviewed and approved by OCFA for all new buildings to be built or installed in a wildfire risk area.

Plans shall meet the criteria set forth in OCFA Guideline C-05 “Vegetation Management Guideline – Technical Design for New Construction Fuel Modification Plans and Maintenance Program.”
Chapter 49 Requirements for Wildland-Urban Interface Fire Areas is adopted in its entirety with the following amendments:

Section 4906.3 Requirements is hereby revised as follows:
4906.3 Requirements. Hazardous vegetation and fuels around all applicable buildings and structure shall be maintained in accordance with the following laws and regulations:

1. Public Resources Code, Section 4291.

2. California Code of Regulations, Title 14, Division 1.5, Chapter 7, Subchapter 3, Section 1299 (see guidance for implementation “General Guideline to Create Defensible Space”).

3. California Government Code, Section 51182.

City Council 27 – 28 12/6/2022
Ordinance No. NS-XXX

4. California Code of Regulations, Title 19, Division 1, Chapter 7, Subchapter 1, Section 3.07.

5. OCFA Guideline C-05 “Vegetation Management Guideline – Technical Design for New Construction Fuel Modification Plans and Maintenance Program.”
Section 4908 Fuel Modification Requirements for New Construction is hereby added as follows:
4908 Fuel Modification Requirements for New Construction. All new buildings to be built or installed in a Wildfire Risk Area shall comply with the following:

1. Preliminary fuel modification plans shall be submitted to and approved by the fire code official prior to or concurrently with the approval of any tentative map.

2. Final fuel modification plans shall be submitted to and approved by the fire code official prior to the issuance of a grading permit.

3. The fuel modification plans shall meet the criteria set forth in the Fuel Modification Section of OCFA Guideline C-05 “Vegetation Management Guideline – Technical Design for New Construction Fuel Modification Plans and Maintenance Program.”

3.1 The fuel modification plan shall include provisions for the maintenance of the fuel modification in perpetuity.

4. The fuel modification plan may be altered if conditions change. Any alterations to the fuel modification areas shall have prior approval from the fire code official.

5. All elements of the fuel modification plan shall be maintained in accordance with the approved plan and are subject to the enforcement process outlined in the Fire Code.

Section 24. Section 14-36 of the Santa Ana Municipal Code is hereby deleted in its entirety and reenacted in full as follows:

Sec. 14-36. Hazardous Materials – General Provisions (Chapter 50) Chapter 50 Hazardous Materials – General Provisions is adopted in its entirety as amended by SFM with the following amendments.

City Council 27 – 29 12/6/2022
Ordinance No. NS-XXX

(a) Section 5001.5.2 Hazardous Materials Inventory Statement (HMIS), is hereby revised as follows:
5001.5.2 Hazardous Materials Inventory Statement (HMIS). Where required by the fire code official, an application for a permit shall include.

Orange County Fire Authority’s Chemical Classification Guideline, which shall be completed and approved prior to approval of plans, and/or the storage, use or handling of chemicals on the premises.
(b) Section 5003.1.1.1 Extremely Hazardous Substances is hereby added as follows:
5003.1.1.1 Extremely Hazardous Substances. No person shall use or store any amount of extremely hazardous substances (EHS) in excess of the disclosable amounts (see Health and Safety Code Section 25500 et al) in a residential zoned or any residentially developed property.

Section 25. Section 14-38 of the Santa Ana Municipal Code is hereby amended to read as follows:

Sec. 14-38 - Explosives and fireworks (Chapter 56).

Chapter 56 Explosives and Fireworks is adopted in its entirety as amended by SFM with the following amendments:
(a) Section 5608.2 Firing is hereby added as follows:
5608.2 Firing. All fireworks display, regardless of mortar, device, or shell size, shall be electrically fired.
(b) Section 5608.3 Application for Permit is hereby added as follows:

Section 5608.3 Application for Permit. A diagram of the grounds on which the display is to be held showing the point at which the fireworks are to be discharged, the fallout area based on 100 feet per inch of shell size, the location of all buildings, roads, and other means of transportation, the lines behind which the audience will be restrained, the location of all nearby trees, telegraph or telephone line, or other overhead obstructions shall be provided to OCFA.

Section 26. Section 14-39 of the Santa Ana Municipal Code is hereby amended to read as follows:

Sec. 14-39 - Flammable and combustible liquids (Chapter 57).

City Council 27 – 30 12/6/2022
Ordinance No. NS-XXX

Flammable and Combustible Liquids (Chapter 57) Adopt Chapter 57, as adopted and amended by SFM.
is adopted in its entirety with the exception of Section 5707 and with the following amendment:

Section 5701.1.1 On-Demand Mobile fueling is added as follows:

Section 5701.1.1 On-Demand Mobile fueling. On-demand mobile fueling of Class I, II, and III liquids into the fuel tanks of vehicles is prohibited.

Section 27. Section 14-40 of the Santa Ana Municipal Code is hereby amended to read as follows:

Sec. 14-40. - Flammable Gases and Flammable Cryogenic Fluids (Chapter 58).

Chapter 58 Flammable Gases and Flammable Cryogenic Fluids Adopt Chapter 58 in its entirety as amended by SFM.
is adopted with the exception of section 5809, in its entirety and with the following amendment:

Section 5801.1 Scope is revised as follows:

Section 5801.1 Scope. The storage and use of flammable gases and flammable cryogenic fluids shall be in accordance with this chapter, NFPA 2 and NFPA 55. Compressed gases shall also comply with Chapter 53 and cryogenic fluids shall also comply with Chapter 55. Flammable cryogenic fluids shall comply with Section 5806. Hydrogen motor fuel-dispensing stations and repair garages and their associated above-ground hydrogen storage systems shall also be designed, constructed and maintained in accordance with Chapter 23. Mobile fueling of gaseous and liquid hydrogen, compressed natural gas (CNG), and liquefied natural gas (LNG) into the fuel tanks of vehicles is prohibited.

Exceptions:

1. Gases used as refrigerants in refrigeration systems (see Section 605).

2. Liquefied petroleum gases and natural gases regulated by Chapter

61. 3. Fuel-gas systems and appliances regulated under the California Mechanical Code and the California Plumbing Code other than gaseous hydrogen systems and appliances.

4. Pyrophoric gases in accordance with Chapter 64.

City Council 27 – 31 12/6/2022
Ordinance No. NS-XXX

Section 28. Section 14-41 of the Santa Ana Municipal Code is hereby amended to read as follows:

Sec. 14-41 - Referenced standards (Chapter 80).
(a) NFPA 13, 2022 Edition, Standard for the Installation of Sprinkler Systems is hereby amended as follows:
(1) Section 16.12.3.3 is hereby revised as follows:

16.12.3.3 Fire department connections (FDC) shall be of an approved type. The location shall be approved and be no more than 150 feet from a public hydrant.

The FDC may be located within 150 feet of a private fire hydrant when approved by the fire code official. The size of piping and the number of 2½” inlets shall be approved by the fire code official. If acceptable to the water authority, it may be installed on the backflow assembly. Fire department inlet connections shall be painted OSHA safety red or as approved. When the fire sprinkler density design requires more than 500 gpm (including inside hose stream demand), or a standpipe system is included, four 2½” inlets shall be provided. (2) Section 9.4.3.1 is hereby revised as follows:

9.4.3.1 When fire sprinkler systems are installed in shell buildings of undetermined use (Spec Buildings) other than warehouses (S occupancies), fire sprinklers of the quick-response type shall be used. Use is considered undetermined if a specific tenant/occupant is not identified at the time the fire sprinkler plan is submitted.

Sprinklers in light hazard occupancies shall be one of the following:
(1) Quick-response type as defined in 3.6.4.8
(2) Residential sprinklers in accordance with the requirements of 8.4.5 (3) Quick response CMSA sprinklers
(4) ESFR sprinklers
(5) Standard-response sprinklers used for modifications or additions to existing light hazard systems equipped with standard-response sprinklers (6) Standard-response sprinklers used where individual standard-response sprinklers are replaced in existing light hazard systems (3) Section 9.2.1.7 is hereby revised as follows:

9.2.1.7 Concealed spaces filled with noncombustible insulation shall not require sprinkler protection when approved by fire code official. (b) NFPA 13D 2022 Edition, Standard for the Installation of Sprinkler Systems in One- and Two-Family Dwellings and Manufactured Homes is hereby amended as follows:

City Council 27 – 32 12/6/2022
Ordinance No. NS-XXX

(1) Section 7.1.2 is hereby revised as follows:

7.1.2 The sprinkler system piping shall not have separate control valves installed unless supervised by a central station, proprietary, or remote station alarm service.
(c) NFPA 14, 2019 Edition, Installation of Standpipe and Hose Systems is hereby amended as follows:

Section 7.3.1.1 is hereby is deleted in its entirety.
(d) NFPA 24, 2019 Edition, Standard for the Installation of Private Fire Service Mains and Their Appurtenances is hereby amended as follows:

(1) Section 6.2.8.1 is hereby added as follows:

6.2.8.1 All indicating valves controlling fire suppression water supplies shall be painted OSHA red.

Exceptions:

1. Brass or bronze valves on sprinkler risers mounted to the exterior of the building may be left unpainted.

2. Where OS&Y valves on the detector check assembly are the only control valves, at least one OS&Y valve shall be painted red.
(2) Section 6.2.9 is hereby amended as follows:

All connections to private fire service mains for fire protection systems shall be arranged in accordance with one of the following so that they can be isolated:
(1) A post indicator valve installed not less than 40 ft (12 m) from the building (a) For buildings less than 40 ft (12 m) in height, a post indicator valve shall be permitted to be installed closer than 40 ft (12 m) but at least as far from the building as the height of the wall facing the post indicator valve.
(2) A wall post indicator valve
(3) An indicating valve in a pit, installed in accordance with Section 6.4 (4) A backflow preventer with at least one indicating valve not less than 40 ft (12 m) from the building
(a) For buildings less than 40 ft (12 m) in height, a backflow preventer with at least one indicating valve shall be permitted to be installed City Council 27 – 33 12/6/2022
Ordinance No. NS-XXX

closer than 40 ft (12 m) but at least as far from the building as the height of the wall facing the backflow preventer.
(5) Control valves installed in a fire-rated room accessible from the exterior (6) Control valves in a fire-rated stair enclosure accessible from the exterior (3) Section 10.1.5 is hereby added as follows:

10.1.5 All ferrous pipe and joints shall be polyethylene encased per AWWA C150, Method A, B, or C. All fittings shall be protected with a loose 8-mil polyethylene tube or sheet. The ends of the tube or sheet shall extend past the joint by a minimum of 12 inches and be sealed with 2-inch-wide tape approved for underground use. Galvanizing does not meet the requirements of this section.

Exception: 304 or 316 Stainless Steel pipe and fittings (4) Section 10.4.1.1 is hereby revised as follows:

10.4.1.1 All bolted joint accessories shall be cleaned and thoroughly coated with asphalt or other corrosion-retarding material after installation.

Exception: Bolted joint accessories made from 304 or 316 stainless steel. (5) Section 10.4.1.1.1 is hereby added as follows:

10.4.1.1.1 All bolts used in pipe-joint assembly shall be 316 stainless steel. (6) Section 10.4.3.2 is hereby added as follows:

10.4.3.2. Where fire service mains enter the building adjacent to the foundation, the pipe may run under a building to a maximum of 24 inches, as measured from the interior face of the exterior wall to the center of the vertical pipe. The pipe under the building or building foundation shall be 304 or 316 stainless steel and shall not contain mechanical joints or it shall comply with 10.4.3.2.1 through

10.4.3.2.4. (a) NFPA 13, 2016 Edition, Standard for the Installation of Sprinkler Systems is hereby amended as follows:
(1) Section 6.7.3 is hereby amended as follows:

6.7.3 Fire department connections (FDC) shall be of an approved type. The location shall be approved and be no more than 150 feet from a public hydrant. The FDC may be located within 150 feet of a private fire hydrant when approved by the fire code official. The size of piping and the number of 2½” inlets shall be approved by the fire code official. If acceptable to the City Council 27 – 34 12/6/2022
Ordinance No. NS-XXX

water authority, it may be installed on the backflow assembly. Fire department inlet connections shall be painted OSHA safety red or as approved. When the fire sprinkler density design requires more than 500 gpm (including inside hose stream demand), or a standpipe system is included, four 2½” inlets shall be provided.
(2) Section 8.3.3.1 is hereby amended as follows:

8.3.3.1. When fire sprinkler systems are installed in shell buildings of undetermined use (Spec Buildings) other than warehouses (S occupancies), fire sprinklers of the quick-response type shall be used. Use is considered undetermined if a specific tenant/occupant is not identified at the time the fire sprinkler plan is submitted. Sprinklers in light hazard occupancies shall be one of the following:

1. Quick-response type as defined in 3.6.4.8

2. Residential sprinklers in accordance with the requirements of

8.4.5 3. Quick response CMSA sprinklers

4. ESFR sprinklers

5. Standard-response sprinklers used for modifications or additions to existing light hazard systems equipped with standardresponse sprinklers

6. Standard-response sprinklers used where individual standardresponse sprinklers are replaced in existing light hazard systems (3) Section 8.15.1.2.7 is hereby added and revised as follows:

8.15.1.2.7 Concealed spaces filled with noncombustible insulation shall not require sprinkler protection when approved by the fire code official. (4) Section 11.1.1.1 is hereby added as follows:

11.1.1.1 When fire sprinkler systems are required in buildings of undetermined use other than warehouses, they shall be designed and installed to have a fire sprinkler density of not less than that required for an Ordinary Hazard Group 2 use, with no reduction(s) in density or design area. Warehouse fire sprinkler systems shall be designed to Figure

16.2.1.3.2 (d) curve "G". Use is considered undetermined if a specific tenant/occupant is not identified at the time the sprinkler plan is submitted.

City Council 27 – 35 12/6/2022
Ordinance No. NS-XXX

Where a subsequent occupancy requires a system with greater capability, it shall be the responsibility of the occupant to upgrade the system to the required density for the new occupancy.
(5) Section 11.2.3.1.1.1 is hereby added as follows:

11.2.3.1.1.1 The available water supply for fire sprinkler system design shall be determined by one of the following methods, as approved by the Fire Code Official:
1) Subtract the project site elevation from the low water level for the appropriate pressure zone and multiply the result by

0.433;
2) Use a maximum of 40 psi, if available;
3) Utilize the Orange County Fire Authority water-flow test form/directions to document a flow test conducted by the local water agency or an approved third party licensed in the State of California.

NFPA 13D 2016 Edition, Standard for the Installation of Sprinkler Systems in One- and Two-Family Dwellings and Manufactured Homes is hereby amended as follows:

Section 7.1.2 is hereby revised as follows:

7.1.2 The sprinkler system piping shall not have separate control valves installed unless supervised by a central station, proprietary, or remote station alarm service one of the following methods:
(1) Central station, proprietary, or remote station alarm service. (2) Local alarm service that causes the sounding of an audible signal at a constantly attended location.
(3) Valves that are locked open.

NFPA 14, 2013 Edition, Installation of Standpipe and Hose Systems is hereby amended as follows:

Section 7.3.1.1 is hereby is deleted in its entirety and replaced as follows:

7.3.1.1 Class I and III Standpipe hose connections shall be unobstructed and shall be located not less than 18 inches or more than 24 inches above the finished floor. Class II Standpipe hose connections shall be unobstructed and shall be located not less than 3 feet or more than 5 feet above the finished floor.

City Council 27 – 36 12/6/2022
Ordinance No. NS-XXX

NFPA 24, 2016 Edition, Standard for the Installation of Private Fire Service Mains and Their Appurtenances is hereby amended as follows:

Section 6.2.8.1 is hereby added as follows:

6.2.8.1 All indicating valves controlling fire suppression water supplies shall be painted OSHA red.

Exceptions:

1. Brass or bronze valves on sprinkler risers mounted to the exterior of the building may be left unpainted.

2. Where OS&Y valves on the detector check assembly are the only control valves, at least one OS&Y valve shall be painted red.

Section 6.2.9 is hereby amended as follows:

All connections to private fire service mains for fire protection systems shall be arranged in accordance with one of the following so that they can be isolated:
(1) A post indicator valve installed not less than 40 ft (12 m) from the building
(a) For buildings less than 40 ft (12 m) in height, a post indicator valve shall be permitted to be installed closer than 40 ft (12 m) but at least as far from the building as the height of the wall facing the post indicator valve.
(2) A wall post indicator valve
(3) An indicating valve in a pit, installed in accordance with Section 6.4 (4) A backflow preventer with at least one indicating valve not less than 40 ft (12 m) from the building
(a) For buildings less than 40 ft (12 m) in height, a backflow preventer with at least one indicating valve shall be permitted to be installed closer than 40 ft (12 m) but at least as far from the building as the height of the wall facing the backflow preventer. (5) Control valves installed in a fire-rated room accessible from the exterior.
(6) Control valves in a fire-rated stair enclosure accessible from the exterior.

City Council 27 – 37 12/6/2022
Ordinance No. NS-XXX

Section 10.1.5 is hereby added as follows:

10.1.5 All ferrous pipe and joints shall be polyethylene encased per AWWA C150, Method A, B, or C. All fittings shall be protected with a loose 8-mil polyethylene tube or sheet. The ends of the tube or sheet shall extend past the joint by a minimum of 12 inches and be sealed with 2 inch wide tape approved for underground use.

Galvanizing does not meet the requirements of this section.

Exception: 304 or 316 Stainless Steel pipe and fittings Section 10.4.1.1 is hereby revised as follows:

10.4.1.1 All bolted joint accessories shall be cleaned and thoroughly coated with asphalt or other corrosion-retarding material after installation.

Exception: Bolted joint accessories made from 304 or 316 stainless steel.

Section 10.4.1.1.1 is hereby added as follows:

10.4.1.1.1 All bolts used in pipe-joint assembly shall be 316 stainless steel.

Section 10.4.3.2 is hereby deleted and replaced as follows:

10.4.3.2 Where approved, private fire service mains supplying systems within the building shall be permitted to extend more than 10 ft. under the building when all of the requirements of 10.4.3.2.1 through 10.4.3.2.4 are met. Where fire service mains enter the building adjacent to the foundation, the pipe may run under a building to a maximum of 24 inches, as measured from the interior face of the exterior wall to the center of the vertical pipe. The pipe under the building or building foundation shall be 304 or 316 stainless steel and shall not contain mechanical joints or it shall comply with 10.4.3.2.1 through 10.4.3.2.4.

Section 29. Section 14-47 of the Santa Ana Municipal Code is hereby amended to read as follows:

Sec. 14-47. - Appendices.

Appendix A is deleted in its entirety.

Appendix B is adopted in its entirety.

Appendix BB is adopted in its entirety.

Appendix C is adopted in its entirety.

Appendix CC is adopted in its entirety.

Appendix D is deleted in its entirety.

City Council 27 – 38 12/6/2022
Ordinance No. NS-XXX

Appendix E is deleted in its entirety.

Appendix F is deleted in its entirety.

Appendix G is deleted in its entirety.

Appendix H is deleted in its entirety.

Appendix I is deleted in its entirety.

Appendix J is deleted in its entirety.

Appendix K is deleted in its entirety.

Appendix L is deleted in its entirety.

Appendix M is deleted in its entirety.

Appendix N is deleted in its entirety.

Appendix O is deleted in its entirety.

Appendix A is deleted in its entirety without amendments.

Appendix B is adopted in its entirety with amendments outlined in Guideline B09.

Appendix BB is adopted in its entirety without amendments.

Appendix C is adopted in its entirety without amendments.

Appendix CC is adopted in its entirety without amendments.

Appendix D is deleted in its entirety without amendments.

Appendix E is deleted in its entirety without amendments.

Appendix F is deleted in its entirety without amendments.

Appendix G is deleted in its entirety without amendments.

Appendix H is deleted in its entirety without amendments.

Appendix I is deleted in its entirety without amendments.

Appendix J is deleted in its entirety without amendments.

City Council 27 – 39 12/6/2022
Ordinance No. NS-XXX

Appendix K is deleted in its entirety without amendments.

Appendix L is deleted in its entirety without amendments.

Appendix M is deleted in its entirety without amendments.

Appendix N is deleted in its entirety without amendments.

Appendix O is deleted in its entirety without amendments.

Section 30. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional.

Section 31. This Ordinance shall become effective thirty (30) days after its adoption.

Section 32. The Clerk of the Council shall certify the adoption of this ordinance and shall cause the same to be published as required by law.

ADOPTED this ____ day of ________, 2022.

_______________________
Vicente Sarmiento
Mayor
APPROVED AS TO FORM:

Sonia R. Carvalho
City Attorney
By:________________________
John M. Funk
Chief Assistant City Attorney
City Council 27 – 40 12/6/2022
Ordinance No. NS-XXX

AYES: Councilmembers ___________________________________ NOES: Councilmembers ___________________________________ ABSTAIN: Councilmembers ___________________________________ NOT PRESENT: Councilmembers ___________________________________

CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, ___________, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS-XXX to be the original ordinance adopted by the City Council of the City of Santa Ana on ____________, _____ and that said ordinance was published in accordance with the Charter of the City of Santa Ana.

Date: ________________ ____________________________________ Clerk of the Council
City of Santa Ana

City Council 27 – 41 12/6/2022
Resolution 2022-XXX

RESOLUTION NO. 2022-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SANTA ANA SETTING FORTH FINDINGS WITH RESPECT

TO LOCAL CONDITIONS WITHIN THE CITY OF SANTA

ANA THAT JUSTIFY CERTAIN MODIFICATIONS AND

CHANGES TO THE CALIFORNIA BUILDING CODE,

CALIFORNIA RESIDENTIAL CODE, CALIFORNIA GREEN

BUILDING STANDARDS CODE, CALIFORNIA ELECTRICAL

CODE, CALIFORNIA MECHANICAL CODE, CALIFORNIA

PLUMBING CODE, CALIFORNIA ENERGY CODE,

CALIFORNIA FIRE CODE, CALIFORNIA EXISTING

BUILDING CODE, CALIFORNIA HISTORICAL BUILDING

CODE, AND INTERNATIONAL PROPERTY MAINTENANCE

CODE, AS AMENDED BY THE STATE OF CALIFORNIA

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS:

Section 1. The City Council hereby finds, determines, and declares as follows:

A. Health and Safety Code Section 17958 provides that the City of Santa Ana shall adopt Ordinances and regulations imposing the same or modified or changed requirements as are contained in the regulations adopted by the State pursuant to Health and Safety Code Section 17922.

B. The State of California is mandated by Health and Safety Code Section 17922 to impose the same requirements as are contained in the most recent edition of the California Building Code, California Existing Building Code, the California Plumbing Code, the California Mechanical Code, California Energy Code, and the California Electrical Code (hereinafter referred to collectively as "Codes").

C. Health and Safety Code Section 17958.5 permits the City to make modifications or changes to the Codes, which are reasonably necessary because of local climatic, geographic or topographic conditions.

D. Health and Safety Code Section 17958.7 requires that the City Council, before making any modifications or changes to the Codes, shall make an express finding that such changes or modifications are reasonably necessary because of local climatic, geographic or topographic conditions.

Section 2. The Planning and Building Agency and the Orange County Fire Authority (OCFA) have recommended that changes and modifications be made to the Codes and have advised that certain said changes and modifications to the California Building Code, 2022 City Council 27 – 42 12/6/2022
Resolution 2022-XXX

Edition, the California Existing Building Code, 2022 Edition, the California Plumbing Code, 2022 Edition, the California Mechanical Code, 2022 Edition, the California Electrical Code, 2022 Edition, the California Existing Building Code, 2022 Edition, California Energy Code, 2022 Edition, California Historical Building Code, 2022 Edition, and the California Fire Code, 2022 Edition, are reasonably necessary due to local conditions in the City of Santa Ana.

Section 3. Amendments to the 2022 Edition of the California Building Code, the 2022 Edition of the California Existing Building Code, the 2022 Edition of the California Residential Code, and the 2022 Edition of the California Fire Code, as recommended by the Planning and Building Agency and the Orange County Fire Authority, are hereby found to be reasonably necessary based upon the following findings:

I. Climatic Conditions
A. The jurisdiction of Santa Ana is located in a semi-arid Mediterranean type climate. It annually experiences extended periods of high temperatures with little or no precipitation. Hot, dry (Santa Ana) winds, which may reach speeds of 70 M.P.H. or greater, are also common to the area. These climatic conditions cause extreme drying of vegetation and common building materials. Frequent periods of drought and low humidity add to the fire danger. This predisposes the area to large destructive fires (conflagration). In addition to directly damaging or destroying buildings, these fires are also prone to disrupt utility services throughout the County.

Obstacles generated by a strong wind, such as fallen trees, street lights and utility poles will greatly impact the response time to reach an incident scene.

B. The climate alternates between extended periods of drought and brief flooding conditions. Flood conditions may affect the Orange County Fire Authority’s ability to respond to a fire or emergency condition. Floods also disrupt utility services to buildings and facilities within the County.

C. Water demand in this densely populated area far exceeds the quantity supplied by natural precipitation; and although the population continues to grow, the already-taxed water supply does not. California is projected to increase in population by nearly 10 million over the next quarter of a century with 50 percent of that growth centered in Southern California.

Due to storage capacities and consumption, and a limited amount of rainfall, future water allocation is not fully dependable. This necessitates the need for additional and on-site fire protection features.

D. These dry climatic conditions and winds contribute to the rapid spread of even small fires originating in high-density housing or vegetation. These fires spread very quickly and create a need for increased levels of fire protection. The added protection of fire sprinkler systems and other fire City Council 27 – 43 12/6/2022
Resolution 2022-XXX

protection features will supplement normal fire department response by providing immediate protection for the building occupants and by containing and controlling the fire spread to the area of origin. Fire sprinkler systems will also reduce the use of water for firefighting by as much as 50 to 75 percent.

II. Topographical conditions
A. Natural; slopes of 15 percent or greater generally occur throughout the foothills of Orange County. The elevation change cause by the hills creates the geological foundation on which communities within Orange County are built and will continue to build. With much of the populated flatlands already built upon, future growth will occur steeper slopes and greater constraints in terrain.

B. Traffic and circulation congestion is an artificially created, obstructive topographical condition, which is common throughout Orange County.

C. These topographical conditions combine to create a situation, which places fire department response time to fire occurrences at risk, and makes it necessary to provide automatic on-site fire-extinguishing systems and other protection measures to protect occupants and property.

III. Geological Conditions
The Orange County region is a densely populated area that has buildings constructed over and near a vast and complex network of faults that are believed to be capable of producing future earthquakes similar or greater in size than the 1994 Northridge and the 1971 Sylmar earthquakes. Earthquake faults run along the northeast and southwest boundaries of Orange County.

The Newport-Inglewood Fault, located within Orange County, was the source of the destructive 1933 Long Beach earthquake (6.3 magnitude) which took 120 lives and damaged buildings in an area from Laguna Beach to Marina Del Rey to Whittier. In December 1989, another earthquake occurred in the jurisdiction of Irvine at an unknown fault line. Regional planning for reoccurrence of earthquakes is recommended by the State of California, Department of Conservation.

A. Previous earthquakes have been accompanied by disruption of traffic flow and fires. A severe seismic event has the potential to negatively impact any rescue or fire suppression activities because it is likely to create obstacles similar to those indicated under the high wind section above.

With the probability of strong aftershocks, there exists a need to provide increased protection for anyone on upper floors of buildings. The October 17, 1989, Santa Cruz earthquake resulted in one major fire in the Marina District (San Francisco). When combined with the 34 other fires locally City Council 27 – 44 12/6/2022
Resolution 2022-XXX

and over 500 responses, the department was taxed to its fullest capabilities. The Marina fire was difficult to contain because mains supplying water to the district burst during the earthquake. This situation creates the need for both additional fire protection and automatic on-site fire protection for building occupants. State Department of Conservation noted in their 1988 report (Planning Scenario on a Major Earthquake on the Newport-Inglewood Fault Zone, page 59): “unfortunately, barely meeting the minimum earthquake standards of building codes places a building on the verge of being legally unsafe.”
B. Road circulation features located throughout the County also make amendments reasonably necessary. Located through the County are major roadways, highways and flood control channels that create barriers and slow response times. Hills, slopes, street and storm drain design accompanied with occasional heavy rainfall, cause roadway flooding and landslides and at times may make an emergency access route impassable. There are areas in Orange County that naturally have extended emergency response times exceeding the 5 minute goal.

C. Soils throughout the County possess corrosive properties that reduce the expected usable life of water services when metallic pipes in contact with soils are utilized.

Due to the topographical conditions of sprawling development separated by waterways and narrow and congested streets and the expected infrastructure damage inherent in seismic zone described above, it is prudent to rely on automatic fire sprinkler systems to mitigate extended fire department response time and keep fires manageable with reduced fire flow (water) requirements for a given structure. Additional fire protection is also justified to match the current resources of firefighting equipment and personnel within the Orange County Fire Authority.

Section 4. The following specific amendments to the sections of the 2022 Edition of the California Building Code, as recommended by the Planning and Building Agency and the Orange County Fire Authority, are reasonably necessary based upon the corresponding findings in Section 3 of this Resolution:

BUILDING

CODE SECTION
TITLE (Clarification) FINDINGS I,II,III
105.3.2 Time Limitation of Application Admin
202 General definitions (Spark Arrester) Admin
903.2 Where required (Sprinklers) II & III-B
903.2.8 Group R (Sprinklers) II-B & III-B
903.3.5.3 Hydraulically calculated systems I & II
506.5.3 (CEBC) Seismic Loads (California Existing Building Code)

II & III
City Council 27 – 45 12/6/2022
Resolution 2022-XXX

Section 5. The following specific amendments to the sections of the 2022 Edition of the California Residential Code, as recommended by the Planning and Building Agency and the Orange County Fire Authority, are reasonably necessary based upon the corresponding findings in Section 3 of this Resolution:

RESIDENTIAL

CODE SECTION
TITLE (Clarification) FINDINGS I,II,III
Table R301.2 Climatic and Geographic Design Criteria Admin, I, II & III Section 6. The following specific amendments to the sections of the 2022 Edition of the California Fire Code, as recommended by the Planning and Building Agency and the Orange County Fire Authority, are reasonably necessary based upon the corresponding findings in Section 3 of this Resolution:

FIRE CODE

SECTION
TITLE (Clarification) FINDINGS I,II,III
112.4 Violation penalties Administrative
112.4.2 Infraction & Misdemeanor Administrative
202 General definitions Administrative
304.1.2 OCFA Vegetation Management I
305.6 Hazardous conditions I & II
305.7 Disposal of rubbish I & II
307 Open burning, recreational fires, fire pits,
fire rings, and outdoor fireplaces
Administrative
307.6 Fire Pits, Fire Rings, & Outdoor Fireplaces Administrative 307.6.1 Gas-fueled devices I & II
307.6.2 Devices using wood or fuels other than
natural gas or LPG
I & II
307.6.2.1 Where prohibited I & II
308.1.6.3 Sky lanterns I & III
324 Fuel modification requirements for new
construction
I
325 Clearance of brush or vegetation growth
from roadways
I
326 Unusual circumstances Administrative
327 Use of equipment I
327.1 Use of equipment and devices generating
heat, sparks or open flames
I
324.2 Spark arresters I
407.5 Hazardous material inventory statement I & II
501.1 Scope Administrative, I, II
& III
510.1 Emergency responder radio coverage Administrative City Council 27 – 46 12/6/2022
Resolution 2022-XXX

903.2 Where required (Sprinklers) I, II & III
903.2.8 Group R (Sprinklers) I, II & III
903.3.5.3 Hydraulically calculated systems I & II
2801.2 Permit Administrative
2808.2 Storage site Administrative
2808.3 Size of piles I
2808.4 Pile separation I
2808.7 Pile fire protection I
2808.9 Material-handling equipment I
2808.11 Temperature control I
2808.11.1 Pile temperature control I
2808.11.2 New material temperature control I
2808.12 Water availability for piles I
2808.13 Tipping area I
2808.14 Emergency contact information Administrative
2808.15 Defining maximum separation contact Administrative 2808.16 Push-out area dentification Administrative
4903.3 OCFA Vegetation Management Guideline I
4906.3 New definition as stated in Chapter 49 I
5001.5.2 Hazardous materials inventory statement Administrative 5003.1.1.1 Extremely hazardous substances I & III
5608.2 Retail fireworks Administrative
5608.3 Application for permit Administrative
5801.1 Scope N/A
Chapter 80 Reference Standards N/A
2016 NFPA 13 (Sprinkler Systems) Administrative, II &
III
2016 NFPA 13-D (Single Family
Sprinkler Systems)
I & II
2013 NFPA 14 (Standpipe Systems) Administrative
Section 7. The aforementioned amendments have been incorporated in detail in Ordinance NS-________.

Section 8. Additional amendments have been made to the relevant California Building Code, California Existing Building Code, Electrical Code, Mechanical Code, Plumbing Code, Energy Code, Existing Building Code, Residential Code, Green Building Standards Code, Fire Code, and International Property Maintenance Code. On the recommendation of the Planning and Building Agency and the Orange County Fire Authority, such amendments are hereby found to be either administrative or procedural in nature or concern themselves with subjects not covered in the aforementioned Codes. The changes made include provisions making each of said Codes compatible City Council 27 – 47 12/6/2022
Resolution 2022-XXX

with other Codes enforced by the City.

Section 9. The City Council of the City of Santa Ana hereby approves and authorizes the Planning and Building Agency to file copies of Resolution 2022-_____ and Ordinance NS-_______ with the California Building Standards Commission, as required by Health and Safety Code Section 17958.7.

Section 10. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution.

ADOPTED this ____ day of ______________, 2022.
___________________________
Vicente Sarmiento
Mayor
APPROVED AS TO FORM:

Sonia R. Carvalho, City Attorney
By: ________________________
John M. Funk
Chief Assistant City Attorney
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers

CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, _________________, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2022-___ to be the original Resolution adopted by the City Council of the City of Santa Ana on _____________, 2022.

Date: ___________________ ____________________________
Clerk of the Council
City of Santa Ana
City Council 27 – 48 12/6/2022
Planning and Building Agency
www.santa-ana.org/pb
Item # 28
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
December 6, 2022
TOPIC: Urgency Ordinance to Amend Article II (Use Districts) of Chapter 41 (Zoning) of the Santa Ana Municipal Code in Compliance with Changes to State Law Pertaining to Accessory Dwelling Units.

AGENDA TITLE:

Zoning Ordinance Amendment No. 2022-06 – An Urgency Ordinance of the City Council of the City of Santa Ana amending Article II (Use Districts) of Chapter 41 (Zoning) of the Santa Ana Municipal Code Relating to Accessory Dwelling Units (ADUs) in Compliance with Changes to State ADU Law Enacted Under Assembly Bill 2221 and Senate Bill 897 That Will Take Effect on January 1, 2023

RECOMMENDED ACTION
Approve Zoning Ordinance Amendment No 2022-06 and adopt the Urgency Ordinance by two-thirds (2/3) vote to amend Article II (Use Districts) of Chapter 41(Zoning) of the Santa Ana Municipal Code related to accessory dwelling units.

EXECUTIVE SUMMARY
On September 28, 2022, Governor Newsom signed new housing laws including Assembly Bill (AB) 2221 and Senate Bill (SB) 897, amending state accessory dwelling unit (ADU) law. Both bills will become effective January 1, 2023, at which time the entirety of any local ordinance that does not conform to enacted changes will become null and void. The proposed urgency ordinance will amend several sections of the zoning code to make Santa Ana’s local ordinance consistent with changes to state ADU law. If the ordinance amendments are not adopted by two-thirds (2/3) vote and effective prior to January 1, 2023, the entirety of Santa Ana’s ADU ordinance will be null and void and applications for ADUs and Junior Accessory Dwelling Units (JADUs) will be subject to only the minimum development standards included in Government Code section 65852.2 et seq. Specifically, staff proposes amendments to SAMC Sections 41-194.1 (Definitions), 41-194.2 (Permitted zones and applicability), 41-194.3 (Development standards), and 41-194.7 (Applicability to other regulations).

DISCUSSION
ADUs are seen as a critical component in addressing the statewide housing shortage. As such, the California Legislature has enacted bills making changes to state ADU law in nearly every legislative session since 2016. Collectively, the bills have made changes to development and design standards that can be imposed by local agencies, made changes to the number of units that can be constructed on a property, set limits on parking standards and included parking exemptions, required streamlined review processes, and City Council 28 – 1 12/6/2022
ZOA No. 2022-06 – Urgency Ordinance
December 6, 2022

prescribed that local ordinances that are not in complete compliance with state ADU law are null, void, and superseded by state law.

AB 2221 and SB 897 are the latest bills enacted by the legislature and signed by the Governor that will make changes to state ADU law. Together, the bills will allow taller units, encroachment into the front yard setback to accommodate an ADU of at least 800 square feet in size, clarify that non-habitable space attached to a single-family residence, such as an attached garage, can be converted into a JADU, require an interior entry between a primary residences and a JADU when sanitation facilities are shared, and include a series of amendments to application review procedures. Both bills will take effect on January 1, 2023, and will make Santa Ana’s local ordinance null and void if conflicts are not amended and in effect before then.

To ensure Santa Ana’s local ordinance remains consistent with state law and thereby enforceable, several sections of Article II (Use Districts) of Chapter 41 (Zoning) relating to ADUs and JADUs are impacted and must be amended. Table 1 below and on the following pages provides a summary of the major changes necessary to make Santa Ana’s local ADU ordinance consistent with state law. If adopted by the necessary twothirds (2/3) vote, the proposed changes would become effective immediately citywide.

Table 1: ZOA No. 2022-06 Current and Proposed Text Regulations Item Existing Zoning Code
Regulations
State Law Proposed Zoning Code
Regulations
Interior Entry Sec. 41-194.1(4) allows
JADUs to share
sanitation facilities with
primary dwelling.

If a permitted JADU
does not include a
separate bathroom, an
interior entry to the
primary dwelling shall
be provided.

Update Sec. 41-194.1(4) to
explicitly require an interior
connection between a JADU
and the primary unit when
sanitation facilities will be
shared.

Multiple
Single-family
Residences
on a Single
Lot
Sec. 41-194.2(C) permits
ADUs on lots developed
or proposed to be
developed with a singlefamily residence.

However, the existing
ordinance does not
clearly express how
many ADUs are
permitted on lots with
multiple detached singlefamily residences.

Permits one ADU on
lots developed or
proposed to be
developed with multiple
detached single-family
residences.

Update Sec. 41-194.2(C) to
expressly state that only one
ADU is permitted on lots
developed or proposed to be
developed with a single-family
residence or multiple detached
single-family residences.

Multi-family
Buildings
Sec. 41-194.2(D) permits
conversion of nonhabitable square footage
within a multi-family
building at a rate up to 25
percent the number of
units on the lot.

Additionally, the section
Permits conversion of
non-habitable square
footage within a multifamily building at rate
up to 25 percent the
number of units on the
lot. Additionally, permits
two detached ADUs.

Make clarifying edits to Sec. 41-
194.2(D) to explicitly state that
the two permitted detached
ADUs can be provided through
new construction or conversion
of existing detached accessory
buildings, or combination
thereof.

City Council 28 – 2 12/6/2022
ZOA No. 2022-06 – Urgency Ordinance
December 6, 2022

permits two detached
units, or conversion of
existing accessory
buildings to a total of two
ADUs.

Non-habitable
Space
Sec. 41-194.2(E) permits
the development of a
JADU on lots developed
with a single-family
residence. Sec. 41-
194.1(4) defines a JADU
as being contained
entirely within the living
area of a single-family
residence.

1. Specifies that nonhabitable space
within the primary
dwelling structure,
such as an attached
garage, are
considered part of
the proposed or
existing single-family
residence for
purposes of JADU
construction.

2. JADUs are limited to
one per residential
lot with a singlefamily residence.

Lots with multiple
detached singlefamily residences
are not eligible to
have JADUs.

1. Amend Sec. 41-194.2(E) to
expressly state that
attached non-habitable
space, such as an attached
garage, can be converted
into a JADU.

2. Amend Sec. 41-194.2(E) to
prohibit JADUs on lots
developed with multiple
detached single-family
residences.

Maximum
Size –
Attached
Local ADU ordinance
limits size of attached
ADUs to 50 percent of
the size of the primary
residence, not to exceed
1,000 square feet in size.

Allows local ordinances
to utilize a percentage
to establish maximum
unit size for attached
ADUs. However,
percentage threshold
may be exceeded to
permit at least an 800
square foot unit.

Amend Sec. 41-194.3 (A) to
expressly permit exceeding the
50 percent size limit for
attached ADUs to allow a unit
of at least 800 square feet in
size, but in no case shall the
attached unit exceed 1,000
square feet in size.
150 Sq. Ft.

Expansions
Existing ADU ordinance
permits expansions of
existing accessory
buildings being converted
into an ADU by up to 150
square feet. However, it
does not clarify if new
square footage must
comply with development
standards applicable to
new ADUs, or what
standards apply in cases
where an expansion
greater than 150 square
feet is proposed.

1. Prohibits application
of local development
standards when an
existing structure is
expanded up to 150
square feet in size.

2. Allows local
agencies to apply
development
standards applicable
to new ADUs when
an existing
accessory building is
proposed to be
expanded beyond
150 square feet in
size.

1. Amend Sec. 41-194.3(C) to
state that development
standards applicable to new
ADUs will not apply when
existing accessory
structures are expanded by
up to 150 square feet in
size.

2. Amend Sec. 41-194.3(C) to
state that development
standards for new ADUs
will apply when an existing
accessory building is
proposed to be expanded
beyond 150 square feet in
size.

Maximum
Height
Existing ADU ordinance
applies maximum height

1. ADUs within halfmile of transit shall 1. Add Sec. 41-194.3(E) to permit detached ADUs up
City Council 28 – 3 12/6/2022
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December 6, 2022

for primary residence to
attached ADUs—27 feet
in height in R1 and R2
zoning districts. However,
limits detached ADUs to
16 feet in height.
be permitted up to
18 feet in height, and
up to 20 feet if
necessary to match
roof pitch of primary
residence.

2. Attached ADUs shall
be permitted up to
25 feet in height or
as high as primary
residence, whichever
is lower.
to two stories or 20 feet in
height.

2. The existing ADU
ordinance permits attached
ADUs up to the same
maximum height as the
primary residence. No
change is needed.

Front Yard
Setback
Existing ADU ordinance
is silent on front yard
setback requirement, as it
defers to the underlying
zoning district front yard
setback requirement
Local ordinance may
impose front yard
setback requirement,
but ADUs may
encroach into that
setback if an ADU of at
least 800 square feet
cannot be
accommodated
elsewhere on the lot.

Add Sec. 41-194.3(F) to allow
encroachment into the required
front yard setback in the
amount necessary to permit an
ADU up to 800 square feet in
size.

Parking
Exemptions
Existing ADU ordinance
provides six parking
exemptions for ADUs.

Exemptions include:
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
dwelling 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.

Enumerates an
additional parking
exemption. States that
previous six parking
exemptions also apply
to ADUs being
proposed as part of a
new single-family or a
new multifamily
residence on the same
lot.

Amend Sec. 41-194.3(L) to
include new parking
exemption.

City Council 28 – 4 12/6/2022
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December 6, 2022

JADU – Interior Entry
In instances where a JADU shares a sanitation facility with the primary residence, new state law requires the JADU to have an interior entry to the primary residence’s main living area, independent of the exterior entrance of the JADU and primary residence. While not expressly stated in the SAMC, the City has been requiring an interior entry or connection between the primary residence and JADU when a sanitation facility is shared as part of the plan review process. Section 41-194.1(4) will be amended to explicitly require an interior connection between a JADU and the primary unit when sanitation facilities will be shared.

The proposed amendment will make the local ordinance consistent with changes to state law, but will not result in substantive changes in the review process or the types of products that have been or will be permitted in the City.

Multiple Single-family Residences
For the purposes of ADU law, building types on properties are categorized as either singlefamily or multi-family. Single-family is defined as a building containing one or more habitable rooms with only one kitchen, designed for occupancy by one independent household unit. Multi-family is defined as a building, other than a hotel or motel, with two or more attached dwelling units used to house two or more families, living independently of each other. Consistent with the definitions of single-family and multi-family, and with state ADU law, it is necessary to expressly clarify and state in Section 41-194.2(C) that only one ADU is permitted on lots developed with multiple detached single-family residences.

Multi-family Buildings
The ordinance would amend Section 41-194.2(D) to clarify that two detached ADUs are permitted on sites developed with a multi-family building and that they can be new construction, conversion of existing detached accessory buildings, or any combination thereof. While including two methods by which to permit ADUs on sites developed with a multi-family building was optional, such as through conversion of existing nonhabitable space within the building or through construction of two detached units, changes to state law require local agencies to now permit both, meaning allowances for ADU construction on properties with multi-family buildings will be in line with state law.

JADU – Non-habitable Space
The amendments include updates to Section 41-194.2(E) to specify that non-habitable spaces attached to within the primary residence, including attached garages, are considered part of the proposed or existing single-family residence, consistent with practice and new state law. Additionally, the ordinance includes text clarifying that lots developed with multiple detached single-family dwellings are not eligible to have a JADU, consistent with state law.

Maximum Size – Attached ADU
Santa Ana’s existing local ordinance limits attached ADUs to 50 percent the size of the primary residence, not to exceed 1,000 square feet in size. The local ordinance can continue to utilize a percentage of the primary dwelling as a maximum unit size for City Council 28 – 5 12/6/2022
ZOA No. 2022-06 – Urgency Ordinance
December 6, 2022

attached ADUs, but only if it does not restrict the ability to construct an ADU of at least 800 square feet in size. Consistent with state law, it is necessary to amend Section 41-194.3 (A) to expressly permit exceeding the 50 percent size limit for attached ADUs to allow a unit of at least 800 square feet in size.

Maximum Height
New state law will require that local agencies permit taller ADUs under certain circumstances. For example, detached ADUs located within one half-mile of a major transit stop or high quality transit corridor may be up to 18 feet in height and up to 20 feet if necessary to match the roof pitch of the ADU to that of the main house. Since Santa Ana is a transit-rich community, nearly the entire city is located within half-mile of transit.

Additionally, Santa Ana’s Citywide Design Guidelines, which apply to ADUs, require that the roof pitch match that of the primary residence. Taken together, nearly all detached ADUs would qualify to be built up to a maximum of 20 feet in height. Consistent with state law, revising the standard to two stories or 20 feet maximum in height will simplify application of the standard and streamline review of such proposals. No change is needed to attached ADU height limit as it complies with new state law.

Front Yard Setback
New state law continues to allow local agencies to impose a front yard setback; however, it must yield to the extent necessary to enable the construction of an ADU that is at least 800 square feet in size. The previous state law included similar “must yield” provisions for other development standards such as lot coverage, separation criteria, and open-space requirements. To maintain consistency with state law, the ordinance would allow encroachment into the required front yard setback in the amount necessary to permit an ADU up to 800 square feet in size.

Parking Exemption
Santa Ana’s existing ordinance provides six parking exemptions that are all required by state law. Those parking exemptions are: 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 dwelling 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; and 6) The ADU is constructed as a studio, without bedrooms. New state law will add one additional parking exemption to explicitly state that the existing parking exemptions also apply in situations 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. The ordinance would include the new exemption in accordance with state law.

ENVIRONMENTAL IMPACT
Pursuant to the California Environmental Quality Act (“CEQA”) and the CEQA Guidelines, the adoption of this Ordinance is exempt from CEQA review pursuant to Section 15282(h) which provides a statutory exemption for the adoption of an ordinance City Council 28 – 6 12/6/2022
ZOA No. 2022-06 – Urgency Ordinance
December 6, 2022

regarding second units in a single-family or multifamily residential zone by a city or county to implement the provisions of Sections 65852.1 and 65852.2 of the Government Code as set forth in Section 21080.17 of the Public Resources Code. As a result, Environmental Review No. 2022-108 will be filed upon adoption of this ordinance.

FISCAL IMPACT
There is no direct fiscal impact associated with this action.

EXHIBIT(S)

1. Ordinance for ZOA No. 2022-06

2. Copy of Public Notice
Submitted By: Minh Thai, Executive Director of Planning and Building Agency Approved By: Kristine Ridge, City Manager
City Council 28 – 7 12/6/2022
Ordinance No. NS-XXX

ORDINANCE NO. NS-XXX

AN URGENCY ORDINANCE OF THE CITY COUNCIL OF

THE CITY OF SANTA ANA AMENDING ARTICLE II (USE
DISTRICTS) OF CHAPTER 41 (ZONING) OF THE SANTA

ANA MUNICIPAL CODE RELATING TO ACCESSORY

DWELLING UNITS IN COMPLIANCE WITH CHANGES TO
STATE ADU LAW ENACTED UNDER ASSEMBLY BILL 2221
AND SENATE BILL 897
WHEREAS, in Government Code section 65852.150, the California Legislature found and declared that, among other things, allowing Accessory Dwelling Units (“ADUs”) in zones that permit single-family and multifamily uses provides additional rental housing and is an essential component in addressing California’s housing needs; and WHEREAS, the legislature has periodically revised State law governing local regulation of the development of ADUS and Junior Accessory Dwelling Units (“JADUs”), to which law charter cities like Santa Ana are subject; and WHEREAS, in 2022, the California Legislature approved, and the Governor signed into law Assembly Bill 2221 and Senate Bill 897, both of which amended Government Code section 65852.2, the primary provision of State ADU law; and WHEREAS, AB 2221 and SB 897 both take effect on January 1, 2023, at which time any local ordinance will become null and void if it does not conform to the changes to State ADU law enacted by AB 2221 and SB 897; and
WHEREAS, the City of Santa Ana accordingly desires to amend and update its local regulations governing the development of ADUs and JADUs to render them consistent with State ADU law; and
WHEREAS, there is a current and immediate threat to the public health, safety, or welfare if the City’s local regulations governing the developments of ADUs and JADUs were to become null and void on January 1, 2023, as that would threaten the orderly development of ADUs and JADUs and potentially work an adverse impact on existing neighborhoods, as well as negatively impact property values, personal privacy, and fire safety. These threats to public safety, health, and welfare justify adoption of this ordinance as an urgency ordinance to be effective immediately upon adoption by a twothirds vote of the City Council; and WHEREAS, pursuant to Santa Ana City Charter sections 415 and 417, based on the above findings, this Ordinance is declared by the City Council to be necessary as an emergency measure to protect and preserve the health, safety and welfare of the citizens of the City of Santa Ana and will become effective immediately if passed by the affirmative votes of at least two-thirds (2/3) of the members of the City Council. The City Council hereby finds that there is an urgent need to adopt these regulations in order to address the current and immediate threats set forth above.

City Council 28 – 8 12/6/2022
Ordinance No. NS-XXX

NOW, THEREFORE, the City Council of the City of Santa Ana does ordain as follows:

Section 1. The recitals above are each incorporated by reference and adopted as findings by the City Council.

Section 2. Section 41-194.1 (Definitions) of Article II of Chapter 41 of the Santa Ana Municipal Code is hereby amended to read as follows:

Sec. 41-194.1. - Definitions.

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 65852.2, 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) "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. (5) "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.
(6) "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).

City Council 28 – 9 12/6/2022
Ordinance No. NS-XXX

(7) "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. (8) "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.
(9) "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.
(10) "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.

Section 3. Section 41-194.2 (Permitted zones and applicability) of Article II of Chapter 41 of the Santa Ana Municipal Code is hereby amended to read as follows:

Sec. 41-194.2. - Permitted zones and applicability.
(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) LotsSites 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) LotsSites developed with a multi-family building may convert existing nonhabitable square footage within the building 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 lotsite. LotsSites developed with a multi-family building are also permitted to construct two (2) detached ADUs. Those detached ADUs may be provided through or to conversiont of existing detached accessory buildings, garages, carports, or covered parking structures, new construction, or combination thereof. to a maximum of two (2) ADUs.
(E) A maximum of one (1) JADU shall be permitted on a lotsite developed or proposed to be developed with a single-family residence, unless the subject site proposes or City Council 28 – 10 12/6/2022
Ordinance No. NS-XXX

contains an attached ADU. In such cases, a JADU shall not be permitted. 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. (F) An ADU shall only be sold or otherwise conveyed separately from the primary building on the lotsite 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.

Section 4. Section 41-194.3 (Development standards) of Article II of Chapter 41 of the Santa Ana Municipal Code is hereby amended to read as follows:

Sec. 41-194.3. - Development standards.

The development standards in Table 41-194.3 shall be applicable to all ADUs accessory dwelling units and JADUs junior accessory dwelling units. Additional provisions related to ADUs accessory dwelling units and JADUs junior accessory dwelling units 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
Specific
Regulations
ADU JADU Additional
Provisions
Attached Detached
Minimum Size 220 sq. ft. 220 sq. ft. 220 sq. ft.

Maximum Size 1,000 sq. ft. 1,000 sq. ft. 500 sq. ft. (A)(B)(C)(D) Maximum
Height
Same as
primary
building
2016 ft. Same as
primary
building
(E)
Minimum Front
Yard Setback
Same as
primary
building
Same as
primary
building
Same as
primary
building
(F)
Minimum Side
Yard Setback
4 ft. 4 ft. Same as
primary
building
(GD)
Minimum
Street Side
Setback
(Corner Lots)
4 ft. 4 ft. Same as
primary
building
(G)
City Council 28 – 11 12/6/2022
Ordinance No. NS-XXX

Minimum Rear
Yard Setback
4 ft. 4 ft. Same as
primary
building
(GD)
Maximum Lot
Coverage/Use
Intensity
Same as
zoning district
Same as
zoning district
Same as
zoning district
(HE)
Open Space 1,200 sq. ft. 1,200 sq. ft. - (IF)(JG)
Separation
from Primary
Buildings
- 15 ft. - (KH)
Separation
from
Accessory
Buildings
5 ft. 5 ft. -Same as
primary
building
(KH)
Minimum
Parking
1 space 1 space - (LI)(LJ)
Tandem
Parking
Permitted Permitted Permitted
Design
Guidelines
Apply Apply Apply
(A) Attached ADUs shall not exceedmay be fifty (50) percent of the size of the habitable space of the primary residencedwelling on the lotsite. 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 not to 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 lotsite. (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 to accommodate ingress and egress only. 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 requirements.

City Council 28 – 12 12/6/2022
Ordinance No. NS-XXX

(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.
(GD) 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. This provision shall not apply to conversions of existing buildings. (HE) 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. This provision shall not apply to conversions of existing buildings. 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.
(IF) 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. This provision shall not apply to conversions of existing buildings. 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.
(JG) 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. (KH) 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. This provision shall not apply to conversions of existing buildings. The conversion of an existing accessory structure or a portion of the existing primary residence to an ADU is not subject to separation requirements. (LI) 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 residencedwelling or an existing accessory structure.

City Council 28 – 13 12/6/2022
Ordinance No. NS-XXX

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.
(MJ) When an existing garage, carport, or other covered parking structure is demolished in conjunction with the construction of an ADUaccessory dwelling unit, or converted to an ADUaccessory dwelling unit, 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.

Section 5. Section 41-194.7 (Applicability to other regulations) of Article II of Chapter 41 of the Santa Ana Municipal Code is hereby amended to read as follows:

Sec. 41-194.7. - Applicability to other regulations.

ADUsAccessory dwelling units and JADUsjunior accessory dwelling units 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.

Section 6. The City Council finds and determines that this Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Section 15282(h) of the State CEQA Guidelines, which provides a statutory exemption for the adoption of an ordinance regarding second units in a single-family or multifamily residential zone by a city or county to implement the provisions of Sections 65852.1 and 65852.2 of the Government Code, as further set forth in Section 21080.17 of the Public Resources Code.

Section 7. The City Council hereby declares, based on the findings set forth above, the urgency exists and that this Ordinance is necessary and appropriate to preserve the public health, safety, and welfare.

Section 8. This ordinance shall become effective immediately upon its adoption.

Section 9. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that City Council 28 – 14 12/6/2022
Ordinance No. NS-XXX

it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional.

Section 10. The Clerk of the Council shall certify the adoption of this ordinance and shall cause the same to be published as required by law.

ADOPTED this _______ day of ___________, 2022.

_________________________
Vicente Sarmiento
Mayor
APPROVED AS TO FORM:

Sonia R. Carvalho, City Attorney
By:_________________________
John M. Funk
Chief Assistant City Attorney
AYES: Councilmembers ______________________________________ NOES: Councilmembers _______________________________________ ABSTAIN: Councilmembers _______________________________________ NOT PRESENT: Councilmembers _______________________________________

CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, ______________, Clerk of the Council, do hereby attest to and certify the attached Ordinance No. NS-____________ to be the original ordinance adopted by the City Council of the City of Santa Ana on _______________, and that said ordinance was published in accordance with the Charter of the City of Santa Ana.

Date: ________________ ____________________________________ Clerk of the Council
City of Santa Ana
City Council 28 – 15 12/6/2022

CITY OF SANTA ANA
Planning and Building Agency
20 Civic Center Plaza ● P.O. Box 1988
Santa Ana, California 92702
www.santa-ana.org/pba

NOTICE OF PUBLIC HEARING
BEFORE THE CITY COUNCIL OF THE CITY OF SANTA ANA, CA.

The City of Santa Ana encourages the public to participate in the decision-making process.

The following notice is being provided so that you can ask questions, make comments and stay informed about projects that might be important to you. We encourage you to contact us prior to the Public Hearing if you have any questions.

NOTICE IS HEREBY GIVEN - The City Council of the City of Santa Ana will hold a public hearing to receive public testimony and will take action on the item described below.

Proposed Action: Adopt an urgency ordinance approving Zoning Ordinance Amendment No. 2022-06 to amend several sections of Article II (Use Districts) of Chapter 41(Zoning) of the Santa Ana Municipal Code (SAMC) related to accessory dwelling units (ADUs) to maintain consistency with and amend to reflect modifications to state ADU law scheduled to take effect January 1, 2023.

Environmental Impact: Pursuant to the California Environmental Quality Act (“CEQA”) and the State CEQA Guidelines, adoption of this Ordinance is exempt from CEQA review pursuant to Section 15282(h) which provides a statutory exemption for the adoption of an ordinance regarding second units in a single-family or multifamily residential zone by a city or county to implement the provisions of Sections 65852.1 and 65852.2 of the Government Code as set forth in Section 21080.17 of the Public Resources Code. Environmental Review No. 2022-108 will be filed upon adoption of this ordinance.

Meeting Time and Date: This matter will be heard on Tuesday, December 6, 2022, at 5:45 p.m. or thereafter in the City Council Chambers, 22 Civic Center Plaza, Santa Ana, CA 92701. All interested persons can refer to the following link on the date of the meeting for more information and instruction for participating in the meeting https://www.santa-ana.org/agendas-and-minutes/.

How To Make Comments: If you do not wish to appear at the public hearing, you may also send your written comments to the Clerk of the Council, by mail to City of Santa Ana, 20 Civic Center Plaza – M30, Santa Ana, CA 92701 or via e-mail at [email protected] (reference “City Council meeting”) by 12:00 p.m. on Monday, the day before the meeting; e-mails received after said time will be on file for public viewing the day after the meeting.

Who To Contact For Questions: Should you have any questions, please contact Ricardo Soto with the Planning and Building Agency by phone at (714) 667-2793 or by email at RSoto@santaana.org.

Where To Get More Information - All staff reports regarding any item on this agenda are available for public inspection in the Clerk of the Council Office during regular business hours and posted on the City’s website the Tuesday before a Council meeting at: https://www.santaana.org/agendas-and-minutes/. City Council 28 – 16 12/6/2022 Si tiene preguntas en español, favor de llamar a Kelly Arcadio-Tajonar al (714) 647-5881.

Nếu cần liên lạc bằng tiếng Việt, xin điện thoại cho Tony Lai số (714) 565-2627.

If you challenge the decision on the above matter, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council of the City of Santa Ana at, or prior to, the public hearing.

Clerk of the Council
Publish Orange County Reporter - Legal Section;
Date: November 25, 2022
City Council 28 – 17 12/6/2022
Planning and Building Agency
santa-ana.org/departments/planning-and-building/
Item # 29
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
December 6, 2022
TOPIC: ZOA No. 2022-04 (Outdoor Dining) & ZOA No. 2022-05 (Mobile Food Trucks) AGENDA TITLE:

Public Hearing - Zoning Ordinance Amendments (ZOAs) Nos. 2022-04 and 2022-05 Amending Chapter 41 of the Santa Ana Municipal Code to Establish Permit Requirements and Standards for the Development of Outdoor Dining Areas and the Operation of Mobile Food Trucks on Private Properties

RECOMMENDED ACTION

1. Find and determine that the adoption of these ordinances are exempt from further review under the California Environmental Quality Act (CEQA) pursuant to sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines, as amended from time to time; and

2. Adopt an ordinance approving Zoning Ordinance Amendment No. 2022-04 establishing permit requirements and development and operational standards for outdoor dining areas on private properties; and

3. Adopt an ordinance approving Zoning Ordinance Amendment No. 2022-05 establishing permit requirements and operational standards for the operation of mobile food trucks on private properties.

DISCUSSION
At the request of the City Council, staff has prepared two zoning ordinance amendments (ZOAs). The first, ZOA No. 2022-04, proposes to amend sections 41-130, 41-522, and 41-1341, and adds Section 41-130.5 and Article XXI (Outdoor Dining On Private Property) to Chapter 41 (Zoning) of the Santa Ana Municipal Code (SAMC) establishing regulations relating to the permit requirements and placement, development, and operational standards of outdoor dining areas on private properties. The second, ZOA No. 2022-05, proposes to amend Section 41-121 and adds Article XXII (Mobile Food Trucks On Private Property) to Chapter 41 of the SAMC establishing regulations relating to permit requirements and operational standards for mobile food trucks operating on private properties.

City Council 29 – 1 12/6/2022
ZOA No. 2022-04 (Outdoor Dining) & ZOA No. 2022-05 (Mobile Food Trucks) December 6, 2022

Planning Commission Action
At its regularly scheduled meeting on November 14, 2022, the Planning Commission voted 4:0 (Vice-Chair Calderon, Alderete, and Morrissey absent) to recommend that the City Council adopt an ordinance approving ZOA No. 2022-04 and an ordinance approving ZOA No. 2022-05. After the Planning Commission meeting, minor changes to the mobile food truck ordinance were made to reflect feedback from the business community.

ZOA No. 2022-04 for Outdoor Dining
Chapter 41 of the SAMC currently regulates outdoor dining areas as an ancillary use to eating establishments and requires that such area provide off-street parking at a rate of eight parking spaces per 1,000 square feet of gross floor area but exempts such area to be parked if the area of outdoor dining is less than 25 percent of the gross floor area of the eating establishment, or 1,000 square feet, whichever is smaller. This current parking requirement can make outdoor dining costly and infeasible for small businesses. No additional specific outdoor dining regulations are currently prescribed within Chapter 41 of the SAMC.

ZOA No. 2022-04 proposes to establish a streamlined administrative permit process and flexible regulations pertaining to the placement, development, and operation of outdoor dining areas that benefit eating establishments and enhance the pedestrian ambiance of the City. In addition, it proposes provisions to ensure that such areas do not adversely impact adjacent uses, properties, and surrounding neighborhoods. The proposed regulations build upon those regulations established by the Take It Outside guidelines (attached hereto as Exhibit 3 for reference) established pursuant to Executive Order No. 5-2020. In addition, ZOA 2022-04 proposes to reduce the off-street parking requirements for outdoor dining areas. Table 1 below illustrates the proposed regulations which would be applicable to all new outdoor dining areas and those proposed to be expanded.

Table 1: ZOA No. 2022-04 Proposed Outdoor Dining Regulations Topic Proposed Regulations
Application & Permit Require submittal of an administrative permit application and approval by the Planning and Building Agency (PBA).

Zone Requirements Allow outdoor dining as an ancillary use in all zones that currently allow eating establishments, restaurants, cafes, etc.

Placement, Development,
& Design Standards

1. Allow a 15-percent encroachment into required front and street side yard setbacks.

2. Require landscape buffers between outdoor dining area and property lines and parking spaces/drive aisles.

3. Require the use of durable construction materials and compatibility with the architectural style of primary building/use.

4. Require measures to reduce potential impacts on nearby sensitive land uses.

5. Limit the signage to a menu board/sign.

6. Require lighting in accordance with Chapter 8 of the SAMC.

City Council 29 – 2 12/6/2022
ZOA No. 2022-04 (Outdoor Dining) & ZOA No. 2022-05 (Mobile Food Trucks) December 6, 2022

Topic Proposed Regulations
Operational Standards 1. Require proper maintenance of the outdoor dining area and development site.

2. Require that the hours of operation be consistent with the eating establishment.

3. Require that the sale and consumption of alcohol be in accordance with an approved Conditional Use Permit.

4. Prohibit outdoor cooking.

Parking Requirements Reduce the number of required off-street parking for outdoor dining areas.

Outdoor dining areas of 500 square feet or less serving an eating establishment of less than 2,500 square feet will not be required to provide additional off-street parking. Outdoor dining areas less than 25-percent of the gross floor area of the eating establishment or 1,000 square feet, whichever is smaller, will continue to be exempt from providing additional parking as currently allowed per the SAMC. Outdoor dining areas exceeding these thresholds will require to provide off-street parking at a rate of one parking space per 250 square feet of outdoor dining area. In addition, parking exemptions have been included to allow up to three required parking spaces to be converted into outdoor dining for an integrated development site and up to 25-percent of the required parking spaces for a stand-alone eating establishment site.

Executive Director
Modifications
Establish an administrative modification process that allows the Executive Director to grant modifications based on special circumstances and findings.

Permit Enforcement,
Modification, Revocation &
Termination
Establish an enforcement, modification, revocation, and termination process in which the outdoor dining permit can be revoked or modified by the City if the outdoor dining area turns into a public nuisance. In addition, it will establish a termination process in the event that the outdoor dining area is unoccupied or untenanted for more than six months.

ZOA No. 2022-05 for Mobile Food Trucks
The operation of mobile food trucks on private property on a semi-permanent basis is currently not allowed in the City. Mobile food trucks are currently only allowed to operate on a temporary basis during special events on private property through the issuance of a land use certificate by the PBA. ZOA No. 2022-05 proposes to allow mobile food trucks to operate on private property on a semi-permanent basis subject to the approval of a mobile food truck permit by the PBA and operational standards. The proposed operational standards build upon those established by the Take It Outside guidelines.

Table 2 below illustrates the proposed mobile food truck regulations that would apply to mobile food trucks operating on private property citywide.

Table 2: ZOA No. 2022-05 Proposed Mobile Food Truck Regulations Topic Proposed Regulations
Application & Permit Require submittal of an administrative permit application and approval by the PBA for all mobile food trucks proposing to operate on private property. The permit would be required to be renewed yearly.

Zone Requirements Allow mobile food trucks to operate as an ancillary use in all mixed use, professional, commercial, and industrials zones.

Property & Location
Requirements

1. Require that mobile food truck can only operate from a private property that is located along and adjacent to an arterial street, as identified by the Mobility Element of the General Plan.

City Council 29 – 3 12/6/2022
ZOA No. 2022-04 (Outdoor Dining) & ZOA No. 2022-05 (Mobile Food Trucks) December 6, 2022

Topic Proposed Regulations

2. Require that the private property be in compliance with all applicable development standards, such as parking, landscape, signage, etc.

Nonconforming properties will have to provide site enhancements (i.e. new landscaping, trash enclosure, repaving and restriping parking, etc.) to bring the site into closer compliance.

3. Prohibit mobile food truck from operating on undeveloped/vacant lots and property developed as a standalone parking lot or a service/gas station.

4. Prohibit mobile food trucks from operating on private property that contains an existing eating establishment and/or is located within 300 feet of a site/property containing an eating establishment that operates during the proposed mobile food truck hours of operation. Requirement was modified after the Planning Commission hearing based on feedback from the business community.

Number of Mobile Food
Trucks per Lot Area
Allow one mobile food truck per 10,000 square feet of lot area/integrated development site area, with a maximum of three total.

Operational Standards 1. Require compliance with all applicable federal, state, and local laws.

2. Prohibit mobile food trucks from operating before 6:00 p.m. and after 2:00 a.m. daily.

3. Prohibit mobile food trucks from operating after 10:00 p.m. on Sundays through Thursdays and after 11:59 p.m. on Fridays and Saturdays, if within 200 feet of a property zoned and/or used strictly for residential purposes.

4. Prohibit mobile food trucks from operating on properties zoned and/or used strictly for residential purposes.

5. Prohibit overnight parking of mobile food trucks on the subject private property.

6. Prohibit mobile food trucks from encroaching into any required yards, path of travel, fire lanes, line of sight, etc.

7. Require that a unisex restroom be available to employees and customers within 50 feet of the mobile food truck.

8. Allow mobile food trucks to have a seating area of up to 350 square feet.

9. Require waste receptacles to be provided.

10. Require proper maintenance of the mobile food truck and its operations and development site.

11. Prohibit the use of generators and require direct connection to an electrical source.

Permit Enforcement,
Modification, Revocation,
& Termination
Establish an enforcement, modification, revocation, and termination process in which the mobile food truck permit can be revoked or modified by the City if the operation of the mobile food truck turns into a public nuisance.

Consistency with the Santa Ana General Plan
The proposed zoning ordinance amendments are consistent with various goals and policies of the Santa Ana General Plan. Goal 2 (Diverse Economic Base) of the Economic Prosperity Element (EP) encourages the maintenance and enhancement of the diversity and regional significance of the City’s economic base. Policy EP-2.6 (Small Business Assistance) supports and encourages small business development, incubators, and microenterprises through start-up assistance and identification of fiscal resources for entrepreneurship. The proposed amendments will provide small eating establishments the ability to expand their operations outdoors and provide City Council 29 – 4 12/6/2022
ZOA No. 2022-04 (Outdoor Dining) & ZOA No. 2022-05 (Mobile Food Trucks) December 6, 2022

entrepreneurial opportunities for small businesses to start their own mobile food truck business. In addition, the actions will allow brick-and-mortar businesses to expand their operations to different locations and markets in the City.

Goal 3 (Business Friend Environment) of the EP promotes a business friendly environment where businesses thrive and build on Santa Ana’s strengths and opportunities. Policy EP-3.5 (Simplify The Process) encourages the development of streamlined processes and business assistance through the permitting process. Policy EP-3.6 (Responsive to Trends) encourages the maintenance of flexible and up-to-date land use regulations that are responsive to changing business trends, best practices, technological advancements, and community needs. The proposed zoning ordinance amendments will create a streamlined and flexible permitting process for outdoor dining areas and mobile food trucks and establishes best practice development and operational standards. The amendments are also responsive to market conditions that were impacted by COVID-19.

Goal 2 (Land Use Needs) of the Land Use Element (LU) encourages a balance of land uses that meet Santa Ana’s diverse needs. Policy LU-2.2 (Capture Local Spending) in particular encourages a range of commercial uses to capture a greater share of local spending, and offer a range of employment opportunities. Policy LU-2.7 (Business Incubator) encourages the support of land use decisions that encourage the creation, development, and retention of businesses in Santa Ana. The proposed zoning ordinance amendments will encourage the development of new businesses and help retain current businesses by providing them with tools to help them stay competitive with neighboring markets.

Lastly, Goal 4 (Complete Communities) of the LU supports a sustainable Santa Ana through improvements to the built environment and a culture of collaboration. Policy LU4.1 (Complementary Uses) encourages the promotion of complete neighborhoods by encouraging a mix of complementary uses, community services, and people places within a walkable area. The proposed zoning ordinance amendments will provide ancillary and complementary uses and services, which will help promote the creation of complete and walkable neighborhoods and streets. Outdoor dining areas and mobile food trucks can assist with beautifying and activating retail centers and creating people places.

ENVIRONMENTAL IMPACT
Pursuant to the California Environmental Quality Act (“CEQA”) and the CEQA Guidelines, the adoption of these ordinances are exempt from CEQA review pursuant to sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because these ordinances will not result in a direct or reasonably foreseeable indirect physical change in the environment, as there is no possibility these ordinances will have a significant effect on the environment and are not a "project", as defined in Section 15378 of the City Council 29 – 5 12/6/2022
ZOA No. 2022-04 (Outdoor Dining) & ZOA No. 2022-05 (Mobile Food Trucks) December 6, 2022

CEQA Guidelines. As a result, a Notice of Exemption, Environmental Review (ER) No. 2022-88 for ZOA No. 2022-04 and ER No. 2022-99 for ZOA No. 2022-05, will be filed upon adoption of these ordinances.

FISCAL IMPACT
There is no fiscal impact associated with the adoption of these ordinances.

EXHIBIT(S)

1. Ordinance Approving ZOA No. 2022-04

2. Ordinance Approving ZOA No. 2022-05

3. City of Santa Ana: A Guide for Outdoor Business Operations "Take It Outside"

4. Copy of Public Hearing Notice
Submitted By: Minh Thai, Executive Director, Planning and Building Agency Approved By: Kristine Ridge, City Manager
City Council 29 – 6 12/6/2022
Ordinance No. NS-XXXX

ORDINANCE NO. NS-XXX
ZONING ORDINANCE AMENDMENT NO. 2022-04 – AN

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA AMENDING SECTIONS 41-130, 41-522 AND
41-1341 OF, AND ADDING SECTION 41-130.5 AND

ARTICLE XXI (OUTDOOR DINING ON PRIVATE
PROPERTY) TO, CHAPTER 41 (ZONING) OF THE SANTA

ANA MUNICIPAL CODE ESTABLISHING REGULATIONS

RELATING TO THE PLACEMENT, DEVELOPMENT, AND

OPERATION OF OUTDOOR DINING ON PRIVATE

PROPERTY

THE CITY COUNCIL OF THE CITY OF SANTA ANA HEREBY ORDAINS AS FOLLOWS:

Section 1. The City Council of the City of Santa Ana hereby finds, determines and, declares as follows:

A. On March 17, 2020, the City Council proclaimed the existence of a local emergency to ensure the availability of mutual aid and support an effective response to the novel coronavirus (“COVID-19”) pandemic.

B. On May 8, 2020, the state moved into Stage 2 of the California Resilience Roadmap, which allowed non-essential retail businesses and restaurants to reopen for curbside pickups and deliveries.

C. On May 23, 2020, the County of Orange announced the State’s approval of the County’s plan to accelerate local businesses further into Stage 2 of the California Resilience Roadmap.

D. On May 28, 2020, the City Manager, acting as Director of Emergency Services, approved Executive Order No. 5-2020 allowing restaurants and retail businesses to temporarily use public and private sidewalks and parking spaces for outdoor dining and retail operations to help stimulate the economy. In addition, the City Manager issued and published written guidelines (“A Guide for Outdoor Business Operations”) providing guidance and safety measures for businesses to implement.

E. On December 15, 2020, the Orange County Board of Supervisors awarded a $500,000 grant to the City for the use of developing safe outdoor dining opportunities for businesses along or within 500 feet of First Street and Seventeenth Street. The City utilized the grant money to retain a vendor to design, construct, and install 22 outdoor dining parklets for restaurants located on private property. Parklets included tables, chairs, bistro lights, railings, planters, drought resistant tolerant plants, umbrellas, shade sails, roman shades, and painted flooring or wood, and cement decks.

City Council 29 – 7 12/6/2022
Ordinance No. NS-XXXX

F. On June 1, 2021, the City Council adopted Resolution No. 2021-29 extending Executive Order No. 5-2020 for a period of one year from the date on which the State moved beyond the Blueprint for a Safer Economy.

G. On June 15, 2021, the State moved beyond the Blueprint for a Safer Economy.

H. On May 3, 2022, the City Council directed staff to prepare a permanent outdoor dining ordinance to expand outdoor dining opportunities on private property citywide, to enhance the user experience, to create healthy, sustainable, and vibrant neighborhoods, and to support the local economy.

I. The proposed amendments to the Santa Ana Municipal Code (SAMC) support the objectives and policies of the City’s General Plan.

J. On November 14, 2022, the Planning Commission held a duly-noticed public hearing to consider this Ordinance, where all interested persons were given an opportunity to be heard, and recommended approval of the ordinance to the City Council.

K. On December 6, 2022, the City Council held a duly-noticed public hearing to consider this Ordinance, where all interested persons were given an opportunity to be heard.

Section 2. The recitals above are each incorporated by reference and adopted as findings by the City Council.

Section 3. Section 41-130 (Reserved) of Chapter 41 of the SAMC is hereby amended to read as follows:

Sec. 41-130. – ReservedOutdoor Dining.

Outdoor Dining means an ancillary outdoor area use on private property where tables and chairs are provided for patrons to consume food and/or beverages provided by an adjacent eating establishment.

Section 4. Section 41-130.5 (Outdoor Dining Area) of Chapter 41 of the SAMC is hereby added to read as follows:

Sec. 41-130.5 – Outdoor Dining Area.

Outdoor Dining Area means an approved designated outdoor dining area, in accordance with Article XXI (Outdoor Dining on Private Property) of this Chapter, that is enclosed by permanent improvements such as landscape, planters, fencing, decks, patio or shade structures, or other decorative barriers.

City Council 29 – 8 12/6/2022
Ordinance No. NS-XXXX

Section 5. Section 41-522 (Uses subject to a conditional use permit in the CSM district) of Chapter 41 of the SAMC is hereby amended to read as follows:

Sec. 41-522. – Uses subject to a conditional use permit in the C-SM district.

The following uses may be permitted in the C-SM district subject to the issuance of a conditional use permit:
a. Clubs, lodges, and fraternal organizations.
b. Outdoor and indoor recreational or entertainment uses including night clubs, other than those set forth in Section 41-521 of this Chapter. c. Hotels, motels, lodging houses, care homes, fraternity houses and sorority houses.
d. Thrift and resale stores, antique shops and collectable stores, excluding pawn shops and auction houses.
e. Eating establishments open at any time between the hours of 12:00 midnight and 5:00 a.m. and located within one hundred fifty (150) feet of residentially zoned or used property, measured from property line to property line.
f. Laundromats.
g. Ancillary outdoor dining facilities located in the front yard area. hg. Banquet facilities, subject to development and operational standards set forth in Section 41-199.1 of this Chapter.
ih. Banquet facilities as an ancillary use, subject to development and operational standards set forth in Section 41-199.1 of this Chapter. ji. Automobile repair and automobile servicing.
kj. Retail markets having less than twenty thousand (20,000) square feet of floor area which are open at any time between the hours of 12:00 midnight and 5:00 a.m.
lk. Churches and accessory church buildings.

Section 6. Section 41-1341 (Restaurants, cafes, etc.) of Chapter 41 of the SAMC is hereby amended to read as follows:

Sec. 41-1341. – Restaurants, cafes, etc.

City Council 29 – 9 12/6/2022
Ordinance No. NS-XXXX

(a) The minimum off-street parking requirements for restaurants, cafes and other eating establishments are as follows: eight (8) spaces for each one thousand (1,000) square feet of gross floor area and open-air dining area except that an open-air dining area no greater than twenty-five (25) per cent of the gross floor area of the restaurant, or one thousand (1,000) square feet, whichever is smaller, is exempt from a parking requirement.
(1) Eight (8) spaces for each one thousand (1,000) square feet of gross floor area.
(2) An outdoor dining area equal to or less than five hundred (500) square and serving an eating establishment of less than two thousand five hundred (2,500) square feet does not require additional off-street parking. (3) An outdoor dining area less than twenty-five (25) percent of the gross floor area of the eating establishment or one thousand (1,000) square feet, whichever is smaller, does not require additional off-street parking. (4) An outdoor dining area exceeding the thresholds established by subsection 2 and 3 above shall provide off-street parking at a rate of one (1) space per each two hundred and fifty (250) square feet of outdoor dining area above the thresholds.
(5) An outdoor dining area located within the public-right-of way and approved in accordance with Article VI of Chapter 33 of the SAMC does not require additional off-street parking.
(b) Each drive-through eating establishment shall have vehicular stacking lanes of at least eighty (80) feet from the center of the pick-up window or pay window, whichever is closer to the menu board; and eighty (80) feet from the order point or menu board to the beginning of the drive-through lane. Such stacking lanes shall be located so that they do not serve as entries to parking spaces.

Section 7. Article XXI (Outdoor Dining on Private Property) to Chapter 41 of the SAMC is hereby added in its entirety to read as follows:

ARTICLE XXI. – OUTDOOR DINING ON PRIVATE PROPERTY
Sec. 41-2200. – Purpose.

The purpose and intent of this Article is to create a streamline administrative permit process for outdoor dining areas located on private property in order to benefit tenants, property owners, and the public, and to establish regulations that enhance the pedestrian ambiance of the City and ensure that such outdoor dining areas do not adversely impact adjacent uses, properties, and surrounding neighborhoods.

City Council 29 – 10 12/6/2022
Ordinance No. NS-XXXX

Sec. 41-2201. – Applicability.
(a) The provisions of this Article shall apply to:
(1) All new outdoor dining areas located on private property; and (2) All legally established and existing outdoor dining areas located on private property that are proposed to be expanded or enlarged.
(b) The provisions of this Article do not apply to:
(1) Common outdoor dining and seating areas as part of a development that has been approved through a Development Project Plan in accordance with Division 3 of Article V of this Chapter; and
(2) Outdoor dining areas in the public right-of-way that are subject to the provisions set forth in Article VI (Outdoor Dining Areas in the Public RightOf-Way) of Chapter 33 (Streets, Sidewalks and Public Works) of the SAMC.
(c) The provisions of this Article are not intended to provide exclusive regulation of the development of an outdoor dining area. An outdoor dining area shall comply with all applicable state and federal laws and all local regulations imposed in other articles of this Chapter and other city ordinances, unless explicitly exempted under this Article. Should a conflict exist between the provisions of this Article and the provisions of other articles of this Chapter, the provisions of this Article shall prevail, unless otherwise determined by the Director of the Planning and Building Agency.

Sec. 41-2202. – Application, Permit, and Review Requirements. (a) An outdoor dining area shall require approval of an administrative application and permit as established by the Executive Director of the Planning and Building Agency, and shall be developed in compliance with an approved site plan that indicates the area dedicated for outdoor dining and the maximum seating capacity.
(b) Approval of the outdoor dining area permit shall be granted only to the property owner or business owner of the eating establishment with written concurrence of the property owner.
(c) When an eating establishment use is proposed to be replaced with another eating establishment where an outdoor dining area permit has been previously approved pursuant to this Article, the new business owner may continue to utilize the existing outdoor dining area without obtaining a separate outdoor dining permit, so long as such business owner submits an agreement to comply with the previously approved outdoor dining area permit application, conditions, and the requirements of this Article. Such agreement shall be on a form as approved by the Executive Director of the Planning and Building Agency.

City Council 29 – 11 12/6/2022
Ordinance No. NS-XXXX

Sec. 41-2203. – Zone Requirements.

An outdoor dining area shall be permitted as an ancillary use in all zones where eating establishments are permitted or conditionally permitted.

Sec. 41-2204. – Placement, Development, and Design Standards.

An outdoor dining area shall comply with the following placement, development, and design standards:
(a) The location of the outdoor dining area shall be approved by the property owner(s) with consent of the affected business(es).
(b) An outdoor dining area may encroach into and up to fifteen (15) percent of the required front and street side yard areas.
(c) The outdoor dining area shall provide and maintain: (1) a five (5) foot landscape buffer between property lines and the edge of the outdoor dining area; and (2) a three (3) foot landscape buffer between parking spaces and vehicular areas and the edge of the outdoor dining area. (d) The outdoor dining area shall comply with corner and driveway obstruction line-of-sight standards, as modified from time to time. (e) The outdoor dining area shall not obstruct any required off-street parking spaces, drive aisles, paths of travel, ingress or egress, emergency access/exits, or fire lanes unless replaced elsewhere on site. (f) The outdoor dining area shall be constructed on a permanent raised pad with curbs and may be enclosed by a permanent barrier made of landscape planters, fencing, decking, shade structures and other decorative materials that physically separate and/or define the outdoor dining area. If installed, the height of the barrier shall not exceed four (4) feet in height.
(g) Awnings, covers, furniture, umbrellas, shade structures, and other physical elements shall be compatible with the character of the primary use structure and shall be fire-retardant, pressure-treated or manufactured of fire-resistant materials.
(h) Planter boxes, if installed, shall be made of durable materials such as wood, ceramic, stone, or metal.

City Council 29 – 12 12/6/2022
Ordinance No. NS-XXXX

(i) Signage within the outdoor dining area is prohibited with the exception of a menu board. A menu board of up to six (6) square feet may be displayed within the outdoor dining area.
(j) Lighting in accordance with Chapter 8 of the SAMC shall be provided to illuminate the outdoor dining area during nighttime hours. (k) When an outdoor dining area is located adjacent to sensitive uses (e.g., residential uses, parks, playgrounds, and private and public schools (k12)), provisions shall be made to minimize noise, light, and odor impacts on the adjacent sensitive uses. This may include without limitation a sound-buffering acoustic wall and/or separation by a physical barrier to define the limits of the outdoor dining area.

Sec. 41-2205. – Operational Standards.

Outdoor dining shall comply with the following operational standards:
(a) All areas in and around the outdoor dining area shall be well kept and maintained free of trash and debris.
(b) The hours of operation for the outdoor dining area shall be limited to the hours of operation for the eating establishment. However, if the outdoor dining area is adjacent to a sensitive use, such hours of operation may be restricted to reasonable operating hours as determined by the Executive Director of the Planning and Building Agency.
(c) The outdoor dining area shall be operated in a manner to comply with the noise provisions pursuant to Section 10-153 of Chapter 10 of the SAMC. (d) Establishments with an approved conditional use permit (CUP) pursuant to Section 41-196 (Establishments Selling Alcoholic Beverages) of this Chapter may serve alcoholic beverages within the outdoor dining area if consistent with the scope and intent of the CUP, as evaluated by the Executive Director of the Planning and Building Agency. (e) No heating, cooking or open flames are permitted in the outdoor dining area.
(f) Heating units are permitted only if an outdoor approved type and located in accordance with the manufacturer’s recommendations. Propone tanks, if used, shall not be stored outdoors.
(g) Movable furniture must be secured or moved inside the primary establishment at closing time.
(h) All outdoor dining furnishings and materials shall be maintained and cleaned regularly with no ripped, faded, or otherwise damaged materials.

Any damaged materials shall be repaired or replaced immediately.

City Council 29 – 13 12/6/2022
Ordinance No. NS-XXXX

(i) The outdoor dining area shall be operated in a manner that complies with all applicable federal, state, county and city laws and regulations. (j) The outdoor dining area shall not be detrimental to the health, safety, or welfare of persons residing or working in the vicinity.

Sec. 41-2206. – Off Street Parking Requirements for Outdoor Dining Areas.

Off-street parking for an outdoor dining area shall be provided in accordance to Section 41-1341 of this Chapter, except that:
(a) An outdoor dining area located within an integrated development site, as defined in Section 41-83.5 of this Chapter, may convert up to three (3) required off-street parking spaces into outdoor dining without needing to replace such parking. An integrated development site with two-hundred fifty (250) or more off-street parking spaces may convert additional required off-street parking spaces into outdoor dining at the discretion and approval of the Executive Director of the Planning and Building Agency.
(b) An outdoor dining area located within a stand-alone development site with one primary eating establishment may convert up to twenty-five (25) percent of the required off street parking spaces into outdoor dining without needing to replace such parking.

Sec. 41-2207. – Outdoor Dining Area Modification by Executive Director.

The standards of this Article are intended to promote quality development of outdoor dining areas. In special circumstances, modifications to the placement and development standards required per Sec. 41-2204 of this Article may be adjusted, subject to the applicant providing the necessary information for the Executive Director of the Planning and Building Agency to make an informed decision in grating or denying the request for the modification. The approval of a modification per this section shall be accompanied by the following findings:
a) Approval of the modification would not result in detrimental impacts to adjacent properties or the character and function of the neighborhood. b) The design, development, and conditions associated with the outdoor dining area are consistent with the goals, policies, and intent of the General Plan, and the purpose, intent, and character of the applicable zone.
c) The outdoor dining area creates and provides a visually pleasing setting for occupants, visitors and the general community.
d) To the maximum extent feasible, the outdoor dining project includes improvement to the site such as but not limited to:

City Council 29 – 14 12/6/2022
Ordinance No. NS-XXXX

(1) Landscaping shall be improved to bring the site closer into compliance with the landscaping requirements of this Chapter;
(2) Parking areas in poor condition shall be improved and maintained in accordance with Section 41-1304 of this Chapter;
(3) Bicycle parking shall be provided and maintained in accordance with Section 41-1307.1 of this Chapter.
(4) Building(s) on the site shall be repainted as needed; and (5) A trash enclosure in accordance with this Chapter shall be constructed or rehabilitated as determined by the Public Works and Planning and Building agencies.

Sec. 41-2208. – Enforcement, Modification, Revocation and Termination of Outdoor Dining Area Permit.
(a) It is unlawful for any property owner, business owner, operator, tenant, or other person in control of property within the city for which the provisions set forth in this Article apply, to operate an outdoor dining area without an outdoor dining area permit, or to fail to comply with each and every condition of that outdoor dining area permit.
(b) Each and every violation of this Article shall constitute a separate violation and shall be subject to all remedies and enforcement measures authorized by the SAMC. Additionally, as a nuisance per se, any violation of this Article shall be subject to injunctive relief, revocation of the outdoor dining area permit, revocation of certificate of occupancy for the eating establishment, disgorgement and payment to the City of any and all monies unlawfully obtained, costs of abatement, costs of investigation, attorney’s fees, and any other relief or remedy available at law or equity. The City may also pursue any and all remedies and actions available and applicable under local and state laws for any violations committed by an outdoor dining permittee and persons related or associated with the business.
(c) When an authorized City of Santa Ana representative finds that any of the provisions of this Article have been violated or that any of the following findings of fact can be made, the Executive Director of the Planning and Building Agency, or its designee, may revoke, suspend, or modify an outdoor dining area permit:
(1) Circumstances under which the outdoor dining permit was granted have been changed by the operator to a degree that the public convenience, health, interest, safety or welfare require revocation or modification; City Council 29 – 15 12/6/2022
Ordinance No. NS-XXXX

(2) The outdoor dining permit was issued, in whole or in part, on the basis of a misrepresentation or omission of a material statement in the application; (3) One (1) or more of the requirements of the outdoor dining permit have not been substantially fulfilled or have been violated;
(4) The improvement/use authorized in compliance with the outdoor dining permit approval is in violation of any code, law, ordinance, regulation or statute of the city, state or federal government; or
(5) The improvement/use authorized in compliance with the outdoor dining permit has become detrimental to the public convenience, health, interest, safety or welfare, or the manner of operation constitutes or is creating a nuisance.
(d) No such revocation shall become effective until the outdoor dining permit holder has been notified in writing by certified mail of the right to appeal the revocation decision pursuant to the provision of Chapter 3 of the SAMC. If a timely appeal is filed, the revocation shall be effective only upon decision of a hearing officer as provided for in Chapter 3 of the SAMC. Otherwise, the revocation shall become effective after the time for appeal has passed.
(e) An outdoor dining area permit shall be terminated and the outdoor dining area and its improvements shall be removed and rehabilitated to their original use by the property owner if the outdoor dining area is vacant, unused, or unoccupied for more than six (6) months, or if the eating establishment is replaced with a non-eating establishment.

Section 8. The City Council may, by resolution, establish a fee for the administrative outdoor dining permit required per this ordinance. The City Council shall from time to time by resolution adopt a schedule of fees to be charged.

Section 9. The City Council finds and determines that this ordinance is not subject to the California Environmental Quality Act (CEQA). Pursuant to CEQA and the CEQA Guidelines, the adoption of this Ordinance is exempt from CEQA review pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, as there is no possibility it will have a significant effect on the environment and it is not a "project", as defined in Section 15378 of the CEQA Guidelines. As a result, a Notice of Exemption, Environmental Review No. 2022-88, will be filed upon adoption of this ordinance.

City Council 29 – 16 12/6/2022
Ordinance No. NS-XXXX

Section 10. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional.

Section 11. This Ordinance shall become effective thirty (30) days after its adoption.

Section 12. The Clerk of the Council shall certify the adoption of this ordinance and shall cause the same to be published as required by law.

ADOPTED this _______ day of ___________, 2022.
________________________________
Vicente Sarmiento
Mayor

APPROVED AS TO FORM
Sonia R. Carvalho, City Attorney
By: _________________________
John M. Funk
Chief Assistant City Attorney
AYES: Councilmembers: __________________________________ NOES: Councilmembers: __________________________________ ABSTAIN: Councilmembers: _________________________________ NOT PRESENT: Councilmembers: _________________________________ City Council 29 – 17 12/6/2022
Ordinance No. NS-XXXX

CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, ____________________, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS-_______ to be the original ordinance adopted by the City Council of the City of Santa Ana on ___________________, 2022 and that said ordinance was published in accordance with the Charter of the City of Santa Ana.

Date: ______________________ ________________________________ Clerk of the Council
City of Santa Ana
City Council 29 – 18 12/6/2022
Ordinance No. NS-XXXX

ORDINANCE NO. NS-XXX
ZONING ORDINANCE AMENDMENT NO. 2022-05 – AN

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA AMENDING SECTION 41-121 OF, AND

ADDING ARTICLE XXII (MOBILE FOOD TRUCKS ON
PRIVATE PROPERTY) TO, CHAPTER 41 (ZONING) OF

THE SANTA ANA MUNICIPAL CODE ESTABLISHING

REGULATIONS RELATING TO THE OPERATION OF

MOBILE FOOD TRUCKS ON PRIVATE PROPERTY

THE CITY COUNCIL OF THE CITY OF SANTA ANA HEREBY ORDAINS AS FOLLOWS:

Section 1. The City Council of the City of Santa Ana hereby finds, determines and, declares as follows:

A. On March 17, 2020, the City Council proclaimed the existence of a local emergency to ensure the availability of mutual aid and support an effective response to the novel coronavirus (“COVID-19”) pandemic.

B. On May 28, 2020, the City Manager, acting as Director of Emergency Services, approved Executive Order No. 5-2020 allowing restaurants and retail businesses to temporarily use public and private sidewalks and parking spaces for outdoor dining and retail operations to help stimulate the economy. In addition, the City Manager issued and published written guidelines (“A Guide for Outdoor Business Operations”) providing guidance and safety measures for businesses to implement.

C. On July 7, 2020, the City Council approved Resolution No. 2020-055, which temporarily allowed food vending vehicles to use private properties for vending activities and updated the Guide for Outdoor Business Operations to include guidance and safety measures for the operation of food vending vehicles on private properties.

D. On June 1, 2021, the City Council adopted Resolution No. 2021-29 extending Executive Order No. 5-2020 for a period of one year from the date on which the State moved beyond the Blueprint for a Safer Economy.

E. On June 15, 2021, the State moved beyond the Blueprint for a Safer Economy.

F. On July 11, 2022, the City Manager, acting as Director of Emergency Services, approved Executive Order No. 18-2022 allowing the continued operation of food vending vehicles on private property until December 31, 2022. In addition, City Council directed staff to evaluate best practices and present City Council with options and recommendations on permanent regulations for food vending vehicles on private property prior to December 31, 2022. City Council 29 – 19 12/6/2022
Ordinance No. NS-XXXX

G. The proposed amendments to the Santa Ana Municipal Code (SAMC) support the objectives and policies of the City’s General Plan.

H. On November 14, 2022, the Planning Commission held a duly-noticed public hearing to consider this Ordinance, where all interested persons were given an opportunity to be heard, and recommended approval of the ordinance to the City Council.

I. On December 6, 2022, the City Council held a duly-noticed public hearing to consider this Ordinance, where all interested persons were given an opportunity to be heard.

Section 2. The recitals above are each incorporated by reference and adopted as findings by the City Council.

Section 3. Section 41-121 (Reserved) of Chapter 41 of the SAMC is hereby amended to read as follows:

Sec. 41-121. – ReservedMobile Food Truck.

Mobile Food Truck means a motorized vehicle or mobile food unit. licensed by the California Department of Motor Vehicles, designed and equipped to prepare, serve, and sell food and/or non-alcoholic beverages. For purposes herein, the term “food” shall mean fruit, meat, vegetables, or other nutritious substance, dispensed in prepared, packaged or other form suitable for immediate ingestion or consumption by human beings. “Mobile Food Truck” shall not include a trailer or any wagon or pushcart, either propelled or drawn by motorized or other force, or any other vehicle incidentally used for dispensing food.

Section 4. Article XXII (Mobile Food Trucks on Private Property) to Chapter 41 of the SAMC is hereby added in its entirety to read as follows:

ARTICLE XXII. – MOBILE FOOD TRUCKS ON PRIVATE PROPERTY
Sec. 41-2300. – Purpose.

The purpose and intent of this Article is to create a streamline administrative permit process allowing mobile food trucks to operate on private property in order to provide entrepreneurial opportunities for small businesses to operate in the City and benefit the community by providing gourmet and fast food services to the City residents, workers, and visitors, and to establish regulations that ensure mobile food trucks are operated in a safe manner and do not create a public nuisance.

Sec. 41-2301. – Applicability.
(a) The provisions of this Article shall apply to all mobile food trucks operating on private property, unless exempted by Section 41-2305(b). Mobile food trucks may operate on City owned property with prior written consent and approval by the City Manager or designee and shall be subject to the provisions of this Article as deemed appropriate by the City Manager or designee. City Council 29 – 20 12/6/2022 Ordinance No. NS-XXXX

(b) The provisions of this Article do not apply to any of the following:
(1) Mobile food trucks operating in the public right-of-way subject to the provisions of Article XIV (Food Vending Vehicles) of Chapter 36 (Traffic) of the SAMC.
(2) Mobile food trucks operating in conjunction with any city-sponsored event where the operator of the mobile food truck is operating pursuant to a valid contract with the City.
(3) Mobile food trucks operating in conjunction with an approved land use certificate and/or special event permit for temporary outdoor activities. (4) Mobile food trucks operating in a construction site (site with a valid building or grading permit) or business which does not vend to the general public during the time on the site and does not conduct operations on any single private property for more than forty-five (45) minutes. (c) The provisions of this Article are not intended to provide exclusive regulation of the operation of mobile food trucks on private property. Mobile food trucks shall comply with all applicable state and federal laws and all local regulations imposed in other articles of this Chapter and other city ordinances, unless explicitly exempted under this Article. Should a conflict exist between the provisions of this Article and the provisions of other articles of this Chapter, the provisions of this Article shall prevail, unless otherwise determined by the Director of the Planning and Building Agency.

Sec. 41-2303. – Application, Permit, and Review Requirements. (a) No mobile food truck shall operate on private property without obtaining approval of an administrative mobile food truck application and permit as established by the Executive Director of the Planning and Building Agency. Approval of the mobile food truck permit shall be granted only to the business owner/operator of the mobile food truck that holds a valid City business license and a health permit from the County of Orange Health Care Agency.
(b) An approved permit for a mobile food truck shall be renewed on an annual basis on the anniversary date of the original approved permit. An application for renewal shall be submitted to the Planning and Building Agency no later than sixty (60) days prior to the expiration of the approved permit. (c) The business owner/operator of the mobile food truck shall maintain and store a copy of the mobile food truck permit within the mobile food truck and shall present the permit, upon request, to a city police officer, code enforcement officer, or any other person designated by the City to enforce this Article.

City Council 29 – 21 12/6/2022
Ordinance No. NS-XXXX

Sec. 41-2304. – Zone Requirements.

Mobile food trucks may operate on private property, as an accessory use, that is zoned as mixed use, professional, commercial, or industrial, and all specific development and specific plan areas that have similar zones.

Sec. 41-2305. – Property and Location Requirements.

Mobile food trucks may only operate on private property that comply with the following property and location requirements:
(a) The private property is located along an arterial street, as identified in the Mobility Element of the General Plan.
(b) The private property is developed in accordance with the development standards of this Chapter for the primary use(s) and the zoning designation of the property.

Mobile food trucks may operate on a nonconforming site only if the following conditions are satisfied, as deemed appropriate by the Executive Director of the Planning and Building Agency:
(1) All signage on the building(s) and site shall be brought into conformity with the requirements of this Chapter;
(2) Landscaping shall be improved to bring the site closer into compliance with the landscaping requirements of this Chapter;
(3) Parking areas in poor condition shall be improved and maintained in accordance with Section 41-1304 of this Chapter;
(4) Bicycle parking shall be provided in accordance with Section 41-1307.1 of this Chapter.
(5) Building(s) on the site shall be repainted as need; and/or (6) A trash enclosure in accordance with this Chapter shall be constructed or rehabilitated if one is already built on site.
(c) The private property is not a stand-alone parking lot or undeveloped vacant property.
(d) The private property is not developed as a service or gas station. (e) The private property does not contain a legally established eating establishment and/or is not located within three hundred (300) feet, as measured from the outermost boundary of the property, of a lot that contains a legally established eating establishment and which operates during the proposed mobile food truck hours of operation. If an eating establishment is established within this separation requirement subsequent to the mobile food truck being approved, nothing shall prohibit the mobile food truck from continuing to operate at the approved location.

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Ordinance No. NS-XXXX

Sec. 41-2306. – Maximum Number of Mobile Food Trucks Per Lot Area.

No more than one (1) mobile food truck per ten thousand (10,000) square feet of lot area or integrated development site area, as defined in Section 41-83.5 of this Chapter, shall be allowed. However, in no event shall more than three (3) mobile food trucks be allowed to operate on a single lot or integrated development site.

Sec. 41-2307. – Operational Standards.

All mobile food trucks operating within private property shall comply with the following operational standards:
(a) Mobile food trucks shall comply with all applicable federal, state, and local laws, ordinances and regulations including, without limitation, state food labeling and preparation requirements, fire codes and regulations, and Americans with Disabilities Act (ADA) and regulations.
(b) Mobile food trucks shall not operate before 6:00 p.m. or after 2:00 a.m., including set-up and clean-up. If operating within two hundred (200) feet of a residential zone or property used for residential purposes, the mobile food truck shall not operate after 10:00 p.m. on Sunday through Thursday and 11:59 p.m. on Friday and Saturday.
(c) Mobile food trucks shall not be parked or stored overnight on the permitted vending site.
(d) Mobile food trucks shall only be parked and operate from the area approved on the site plan by the Planning and Building Agency.
(e) Mobile food trucks shall only occupy parking spaces not required to meet the minimum parking requirements of the primary use(s) on the property per Article XV (Off-Street Parking) of this Chapter. This requirement does not apply if the hours of operation for the mobile food truck and primary use(s) do not coincide.

However, in no case shall a mobile food truck and its operations occupy more than twenty-five-percent (25%) of the entire parking area. If multiple mobile food trucks operate on a lot, then no more than fifty-percent (50%) of the entire parking area shall be occupied.
(f) The outdoor dining area shall comply with corner and driveway obstruction lineof-sight standards, as modified from time to time. (g) A minimum of one (1) permanent and accessible public restroom shall be provided on-site and within fifty (50) feet of the mobile food truck and shall be available for use by the employees and customers of the mobile food truck during all hours of operation. Portable restrooms are prohibited to satisfy this requirement.

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Ordinance No. NS-XXXX

(h) A maximum three hundred fifty (350) square-foot, uncovered seating area, may be provided to serve the patrons of the mobile food truck. The seating area may consist of portable chairs, tables, canopies, and barricades which shall be removed prior to closure of the mobile food truck. The seating area shall be located in an area of the site that does not interfere or obstruct any landscape, parking stalls, driveways and circulation, walkways, or fire lanes and hydrants. (i) No part of the mobile food truck operations, including seating and equipment, shall encroach onto the public sidewalk or street. The mobile food truck operator shall manage customer queuing and ensure pedestrian accessibility is maintained.
(j) At minimum, two (2) waste receptacles shall be provided on-site and adjacent to the mobile food truck during all hours of operations and shall be removed prior to the closure of the mobile food truck.
(k) Litter generated by the mobile food truck and its patrons, within a fifty (50) foot radius of the mobile food truck, shall be removed prior to the closure of the mobile food truck and disposed at an approved commissary. (l) Lighting shall be provided during hours of darkness to ensure customer safety.

Lighting shall not create glare and shall be directed downward and away from adjacent properties.
(m) The mobile food truck and its operations shall at all times comply with the noise provisions pursuant to Section 10-153 of Chapter 10 of the SAMC. (n) Mobile food truck operators shall be responsible for controlling smoke and odors caused by the mobile food truck and its operations.
(o) No signage other than that exhibited on the mobile food truck may be displayed. (p) No alcoholic beverages shall be served or sold by the mobile food truck. (q) No mobile food truck shall cause or dispose of oil or grease on the lot.

Wastewater generated on-site shall not be released on-site or into the storm drainage system.
(r) The mobile food truck shall be entirely self-sufficient in regards to gas, water, and wastewater. The use of generators (i.e. portable or vehicle mounted) to supply electricity to the mobile food truck and its operations is prohibited. A mobile food truck shall utilize an electrical connection to maintain power. The electrical connection shall be approved by the Planning and Building Agency and shall be installed adjacent to the mobile food truck and in a manner that does not create a public safety hazard.

City Council 29 – 24 12/6/2022
Ordinance No. NS-XXXX

Sec. 41-2308. – Enforcement, Modification, Revocation and Termination of Mobile Food Truck Permit.
(a) It is unlawful for any property owner, business owner, operator, tenant, or other person in control of property within the city for which the provisions set forth in this Article apply, to operate a mobile food truck without a mobile food truck permit, or to fail to comply with each and every condition of that mobile food truck permit.
(b) Each and every violation of this Article shall constitute a separate violation and shall be subject to all remedies and enforcement measures authorized by the SAMC. Additionally, as a nuisance per se, any violation of this Article shall be subject to injunctive relief, revocation of the mobile food truck permit, disgorgement and payment to the City of any and all monies unlawfully obtained, costs of abatement, costs of investigation, attorney’s fees, and any other relief or remedy available at law or equity. The City may also pursue any and all remedies and actions available and applicable under local and state laws for any violations committed by the mobile food truck permittee and persons related or associated with the business.
(c) When an authorized City of Santa Ana representative finds that any of the provisions of this Article have been violated or that any of the following findings of fact can be made, the Executive Director of the Planning and Building Agency, or its designee, may revoke, suspend, or modify the mobile food truck permit:
(1) The mobile food truck permit was issued, in whole or in part, on the basis of a misrepresentation or omission of a material statement in the application;
(2) One (1) or more of the requirements of the mobile food truck permit have not been substantially fulfilled or have been violated; (3) The mobile food truck and its operations authorized in compliance with the mobile food truck permit are in violation of any code, law, ordinance, regulation or statute of the city, state or federal government; or (4) The mobile food truck and its operations authorized in compliance with the mobile food truck permit have become detrimental to the public convenience, health, interest, safety or welfare, or the manner of operation constitutes or is creating a nuisance.
(d) No such revocation shall become effective until the mobile food permit holder has been notified in writing by certified mail of the right to appeal the revocation decision pursuant to the provision of Chapter 3 of the SAMC. If a timely appeal is filed, the revocation shall be effective only upon decision of a hearing officer as provided for in Chapter 3 of the SAMC. Otherwise, the revocation shall become effective after the time for appeal has passed.
(e) A mobile food truck permit shall be terminated if the mobile food truck permit is not renewed pursuant to Section 41-2303 of this Article.

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Ordinance No. NS-XXXX

Section 5. The City Council may, by resolution, establish a fee for the administrative mobile food truck permit required by this ordinance. The City Council shall from time to time by resolution adopt a schedule of fees to be charged.

Section 6. The City Council finds and determines that this ordinance is not subject to the California Environmental Quality Act (CEQA). Pursuant to CEQA and the CEQA Guidelines, the adoption of this Ordinance is exempt from CEQA review pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, as there is no possibility it will have a significant effect on the environment and it is not a "project", as defined in Section 15378 of the CEQA Guidelines. As a result, a Notice of Exemption, Environmental Review No. 2022-99, will be filed upon adoption of this ordinance.

Section 7. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional.

Section 8. This Ordinance shall become effective thirty (30) days after its adoption.

Section 9. The Clerk of the Council shall certify the adoption of this ordinance and shall cause the same to be published as required by law.

ADOPTED this _______ day of ___________, 2022.
________________________________
Vicente Sarmiento
Mayor

APPROVED AS TO FORM
Sonia R. Carvalho, City Attorney
By: _________________________
John M. Funk
Chief Assistant City Attorney
City Council 29 – 26 12/6/2022
Ordinance No. NS-XXXX

AYES: Councilmembers: __________________________________ NOES: Councilmembers: __________________________________ ABSTAIN: Councilmembers: _________________________________ NOT PRESENT: Councilmembers: _________________________________

CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, ____________________, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS-_______ to be the original ordinance adopted by the City Council of the City of Santa Ana on ___________________, 2022 and that said ordinance was published in accordance with the Charter of the City of Santa Ana.

Date: ______________________ ________________________________ Clerk of the Council
City of Santa Ana
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TABLE OF CONTENTS
PREFACE .....................................................................................................................................3 REOPENING CALIFORNIA.........................................................................................................3 RESTAURANT + RETAIL RECOVERY PROGRAM ...........................................................................3 GUIDELINES TO EXPAND SEATING AND SALES AREAS.............................................................3 TEMPORARY OUTDOOR DINING + RETAIL ACTIVITY IN PUBLIC RIGHTS-OF-WAY IN ONLY IN DOWNTOWN ..........................................................................................................................4 Sidewalks.............................................................................................................................4 Food Islands/Parklets in Downtown .....................................................................................4 Café & Retail Zones..............................................................................................................5 TEMPORARY OUTDOOR DINING + RETAIL ACTIVITY ON PRIVATE COMMERCIAL PROPERTY CITYWIDE ................................................................................................................................6 Tents, Umbrellas, and Other Shade Structures.....................................................................6 MOBILE FOOD VENDING.........................................................................................................6 TEMPORARY SALE & CONSUMPTION OF ALCOHOL ................................................................7 OUTDOOR PERSONAL SERVICES .................................................................................................8 ADDITIONAL RESOURCES............................................................................................................9 EXHIBIT A: Downtown Santa Ana Business Improvement District Boundaries ........................10 EXHIBIT B: Outdoor Seating Area Guidelines............................................................................11 EXHIBIT C: Sample Street Closures ...........................................................................................12 EXHIBIT D: Sample Layout of Outdoor Dining in Parking Lots ..................................................13 EXHIBIT E: Guidelines for Tents, Umbrellas, or Shade Structures.............................................14 EXHIBIT F: Sample Layout for Mobile Food Vending in Parking Lots........................................15 EXHIBIT G: Temporary Catering Authorization.........................................................................16 EXHIBIT H: Flyers and Other Resources....................................................................................17 City Council 29 – 29 12/6/2022
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PREFACE

REOPENING CALIFORNIA
Governor Gavin Newsom issued Executive Order N-33-20 on March 19, 2020. After many businesses and activities were allowed to reopen, Governor Newsom ordered many indoor operations to cease statewide and added new restrictions in counties including Orange County in July 2020. Restaurants, retail, and personal services are authorized to open outdoors only, and must abide by the safety guidelines issued by the State, CDC, and OSHA.

RESTAURANT + RETAIL RECOVERY PROGRAM
The City of Santa Ana is taking steps to ensure businesses have the ability to operate safely and successfully during the COVID-19 economic recovery using available private and public right-ofway.

GUIDELINES TO EXPAND SEATING AND SALES AREAS
Per Executive Order 5-2020, the City of Santa Ana provides the following guidelines:
 Restaurants and food establishments licensed under Chapter 41 of the Santa Ana Municipal Code (SAMC) may allow outdoor consumption of food and beverages, so long as they adopt appropriate social distancing measures.
 All outdoor seating must be spaced at least 6 feet between parties. Outdoor seating and sales areas shall be separated by stanchions, barriers, planters, or similar means to outline the specific area.
 Restaurants using Food Islands or participating in the “Café and Retail” zones are required to use a reservation process to prevent patrons from congregating while waiting for service.
 Businesses should thoroughly clean and disinfect all surfaces after each use. Businesses should also provide easily accessible sanitizer for patrons and employees.  It is strongly encouraged to test your workforce for COVID-19. No symptoms or insurance is necessary.
 Businesses should also use disposable paper menus and are strongly encouraged to implement contactless ordering and payment processes.
 Outdoor alcohol sales is permitted in full accordance with California Department of Alcoholic Beverage Control (ABC) and City approved standards.  Facial coverings should be worn for all those in face-to-face interaction roles (e.g. servers, retail workers) and where six-foot social distancing cannot be maintained.
 Bars, pubs, and nightclubs shall continue to comply with the state order.

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TEMPORARY OUTDOOR DINING + RETAIL ACTIVITY IN PUBLIC RIGHTS-OFWAY IN ONLY IN DOWNTOWN In accordance with Executive Order 5-2020, the City of Santa Ana is temporarily authorizing restaurants and retail businesses to expand dining and retail operations onto sidewalks and parking spaces (Food Islands/Parklets) on City roads or parking lots within Downtown Santa Ana. The City will also identify certain roadways for full road closures (Café & Retail Zones) and will be temporarily making these street areas available for expanded dining and retail activity. It is the business’s responsibility to ensure that minimum life safety requirements and Americans with Disability Act (ADA) requirements are maintained at all times. See Exhibit A for a map of Downtown Santa Ana.

Sidewalks
For the duration of Governor Newsom’s stay-at-home
order, City Code requirements regarding certain
permitting of sidewalk cafes shall be temporarily
suspended. Businesses utilizing City rights-of-way
shall comply with the following requirements during
this time period. Operational requirements for
Sidewalk Cafes per the SAMC shall remain in effect as
described below and shall apply to all private business operations including retail establishments.

General Requirements:

Outdoor seating or sales area operations within
sidewalks and public rights-of-way shall maintain the following:
 Adequate and unobstructed pedestrian flow of at least 4 feet  Access to public utilities, crosswalks, bus stops, and other required entrances/exits  Access to fire hydrants, fire hose connections for sprinkler systems, and building entrances/exits shall not be obstructed. The twenty (20) feet fire lane shall not be obstructed at any time.
 The operational hours of the outdoor space shall be restricted to the operating hours of the business.

See Exhibit B for outdoor seating parameters.

Food Islands/Parklets in Downtown
Food Islands (or parklets) are on-street parking spaces that have been temporarily converted for other use, such as expanded outdoor dining areas. Food Islands can be used by one or more businesses, and don’t require streets to be closed. The City City Council 29 – 31 12/6/2022
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will be temporarily suspending certain codes and permitting requirements for private use of onstreet parking spaces within the public right-of-way.  Metered parking spaces must be requested and approved in advance by contacting the City at (714) 647-5477. The City will bag metered spaces at no cost to the business, and the business will be permitted to temporarily use the additional space for restaurant or retail use.
 Non-metered spaces may be activated by an adjacent business at any time without notification to the City.

Temporary Barriers and Surface Materials
Temporary barrier materials, such as pedestrian rails, bike racks, wood, plants, A-frames, or painted plastic, can be utilized to better define boundaries of extended business operations.

Any equipment or furniture placed in the parking space cannot be placed closer than two (2) feet from the edge of the adjacent travel lane. Safe pedestrian pathways between barrier walls must be provided. For questions relating to barrier wall placement, please call Victor Chaidez with the Public Works Agency at (714) 647-5609 or Julie Castro-Cardenas from the Community Development Agency at (714) 673-3619. Temporary surface materials, such as chalk or turf, are permitted for application on sidewalks and parking spaces.

Café & Retail Zones
Café and Retail Zones involve closures of portions of a street near a concentration of businesses to provide additional space in a safe and protected setting that can serve multiple businesses.

Full street closure locations and hours of operation will be approved and deployed by the City of Santa Ana in advance. The City will provide the maintenance of traffic plans to close the roadway for vehicles and deploy necessary detours and signs to direct traffic away from the closure. It is the business’s responsibility to activate these spaces with temporary materials such as tables, chairs, umbrellas, and visual/physical barrier materials.

These zones will be installed 24 hours a day/7 days per week for the duration of this pilot program. To request consideration of a Café & Retail Zone in front of your business, please call the Community Development Agency at (714) 673-3619 or William McGovern from the Police Department at (714) 647-5840. See Exhibit C for sample street closure maps.

City of Santa Ana Right to Clear Right-of-Way
The City reserves the right to remove an outdoor seating or sales area that (i) creates an obstruction to, or causes congestion of, pedestrian or vehicular traffic due to existing conditions on the surrounding public right-of-way if it finds the installation represents a danger to the health, safety or general welfare of the public or (ii) a business violates the requirements of these Guidelines or Executive Order 5-2020.

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The City may require the removal, temporary or permanent, of the outdoor seating or sales area when necessary, or the permittee fails to comply with the criteria set forth in Chapters 10, 36, and 41 of the SAMC. Any costs incurred by the City for removal or storage of sidewalk café tables, chairs and other equipment shall be the responsibility of the business. The City is notresponsible for any damages orloss of equipmentremoved pursuant to this subsection.

TEMPORARY OUTDOOR DINING + RETAIL ACTIVITY ON PRIVATE

COMMERCIAL PROPERTY CITYWIDE
Up to 50% of off-site private parking
spaces counted for required parking
may be converted to outdoor dining or
retailspace, when the lot isimmediately
adjacent to the parent property. The
converted use must be in
conformance with all Orange County
Fire Authority (OFCA) requirements for
building accessibility, and social
distancing requirementsthat provide at
leastsix feetspacing between tables and
pathways. Additionally, no parking for disabled persons may be repurposed for restaurant or retail use. See Exhibit D for a sample layout.

The required landscape and buffer areas for the off-site private parking spaces (Vehicular Use Areas), shall not be used as an expanded converted use for restaurants orretail operations. There shall not be parking, outside seating, orretail activities in these areas.

Tents, Umbrellas, and Other Shade Structures
Tents that are 10 feet by 10 feet in size or smaller may be placed in parking spaces to provide shade for outdoor dining and retail areas. Businesses must adhere to OCFA requirements. See Exhibit E for additional guidelines on the use of tents, umbrellas, or shade structures within public spaces.

MOBILE FOOD VENDING
Mobile food vendors may operate within private or city-owned parking lots with the permission of the property owner and in accordance with guidelines and regulations from the CDC, County of Orange, and the City of Santa Ana. Mobile food vendors that are interested in vending in private or city-owned parking lots must register with the City of Santa Ana to participate.

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Mobile food vendors must adhere to the following:
• Receive written permission from the private parking lot property owner. • If it is a city-owned parking lot, please contact Julie Castro-Cardenas, Economic Development Specialist II from the Community Development Agency at (714) 673-3619 or William McGovern, Special Events Coordinator from the Santa Ana Police Department at (714) 647-5840.
• Maintain a valid City of Santa Ana Business License.
• Maintain a current County of Orange Health Care Agency permit for mobile food vending and have access to restroom facilities for employees. • Parking lots must be zoned commercial, industrial, or specific plans allowing for commercial and industrial use.
• Each mobile food vendor may occupy a maximum parking space of 30 feet x 20 feet, but may NOT exceed 25% of the entire parking lot. Multiple food vendors may operate in a lot, but may not occupy more than 25% of the lot. Up to 50% of a private parking lot can be used cumulatively for restaurants, retail, mobile food vending, and personal services.
• May not impose on primary business use of parking requirements when open for business.
• May not operate on a property with a competing business during business hours. • Operate no later than 2 a.m. daily. If operating within 500’ from a residential zone, may only operate until 12:00 a.m.
• Set up 4 feet from any structure or building.
• Depending on the parking area and spaces allotted, vendors may use TWO 10’x10’ canopy and up to 4 tables maximum per mobile food vendor. • May NOT block parking stalls for patrons with disabilities, driveways, or emergency and designated fire access.
• May NOT create dangerous situations for pedestrians, cyclists, or motorists (i.e. blocking visibility at corners or driveways).
• Ensure COVID-19 distance protocols as recommended by the County of Orange and other State agencies.
• Parking area and radius must be maintained clean at all times. • At night, low voltage lighting may be permitted.
• No amplified noise. If operating as public nuisance, permission to operate may be revoked.

See Exhibit F for a sample layout for mobile food vending.

TEMPORARY SALE & CONSUMPTION OF ALCOHOL
The City of Santa Ana will temporarily allow the sale and consumption of alcohol within private or public outdoor dining or Food Islands that are operated and City Council 29 – 34 12/6/2022
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approved by business owners that have permits and authorization from the Alcoholic Beverage Control, as outlined in the Fourth Notice of the ABC guidelines: https://www.abc.ca.gov/fourthnotice-of-regulatory-relief/ See Exhibit G for additional information on applying to ABC for temporary catering authorization.

OUTDOOR PERSONAL SERVICES
In July 2020, Governor Gavin Newsom announced guidelines for hair salons and barbers as well as guidelines for Expanded Personal Care Services to operate outdoors.

The City of Santa Ana is temporarily authorizing personal services to be offered outdoors citywide with the following requirements:
• May operate on private parking lots with written permission from the property owner. • The City is temporarily suspending the requirement of a land use certificate and permitting requirement for sidewalk use.
• May occupy a maximum parking space of 30 feet x 20 feet, but may NOT exceed 25% of the entire parking lot. Up to 50% of a private parking lot can be used cumulatively for restaurants, retail, mobile food vending, and personal services. • May operate on sidewalks directly adjacent storefront if businesses do not have private outdoor areas or an onsite parking lot.
o Must maintain Americans with Disability Act (ADA) requirements at all times, including adequate and unobstructed pedestrian flow of at least 4 feet. • Must maintain a minimum of 15 feet away from any other businesses during normal business hours.

Hair salons and barbershops must also be in accordance with all State guidelines as follows:
• Outdoor operations may be conducted under a tent, canopy, or other sun shelter as long as no more than one side is closed, allowing sufficient outdoor air movement. • Salons/barbershops should not perform a service that would require a customer to have to enter the establishment.
• Maintain at least six feet between and among workers and customers, except when providing services.
• Establish an outdoor reception area where customers can check in while following physical distancing guidelines. If possible, implement virtual check-in technology. • Stagger appointments to reduce reception congestion and ensure adequate time for proper cleaning.
• Perform thorough cleaning in high-traffic areas and clean at the beginning and end of each shift and in between customers.

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• Must continue to follow existing California Board of Barbering and Cosmetology rules

ADDITIONAL RESOURCES
The City of Santa Ana has established a Business Resource Hotline for local businesses to communicate and get resources during economic recovery from the COVID-19 pandemic.

Available Monday through Thursday during normal business hours.

Call: (714) 647-5477
Visit: https://www.santa-ana.org/businesses-and-workers-impacted-coronavirus City Council 29 – 36 12/6/2022
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EXHIBIT A: Downtown Santa Ana Business
Improvement District Boundaries

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EXHIBIT B: Outdoor Seating Area Guidelines
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EXHIBIT C: Sample Street Closures
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EXHIBIT D: Sample Layout of Outdoor Dining in
Parking Lots

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EXHIBIT E: Guidelines for Tents, Umbrellas, or
Shade Structures
The following requirements shall apply to use of tents or shade structures within public spaces:
 The maximum size tents that may be placed within sidewalks and parking spaces will be 10-foot by 10-foot.
 No more than five tents that are 10x10 may be positioned side by side.  No staking of tents is permitted in public rights-of-way.  All tent legs must be weighted.
 Each leg must have a minimum of 40lbs.
 Weights must be securely attached to canopy roof and canopy leg separately. o Ropes and straps should be high quality.
o Bungee or rubber straps are prohibited.
 Weights must be on the ground and not dangling.
 Weights and lines must not pose a hazard and be clearly visible.  For maximum safety, tents should be secured as soon as they are put up, and brought down as soon as weight is removed. Do not leave unsecured tents at any time.  Heaters of any kind shall not be used under tents or umbrellas.  Smoking is prohibited under tents and shade structures.  Tents must not have closed walls in place while open to the public, and all sides should be open for air flow.

Items that make acceptable weights:
 5 gallon bucket full of water, sand, or concrete
 4” PVC pipe at least 36” long filled with concrete
 Large commercially available tent weights
 Sandbags or salt bags 40lbs or heavier
Requirements for tents larger than 10-foot by 10-foot:
 Shall only be placed on private property or city parks (not sidewalks or streets)  Must comply with OCFA requirement
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EXHIBIT F: Sample Layout for Mobile Food
Vending in Parking Lots
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EXHIBIT G: Temporary Catering Authorization
A COVID-19 Temporary Catering Authorization allows the on-sale consumption of those alcoholic beverages for which the licensee has on-sale privileges on property that is adjacent to the licensed premises, that is under the control of the licensee, and where bona fide meals are being served.

The COVID-19 Temporary Catering Authorization Application (Form ABC-218 CV19) shall include:

1. A diagram of the currently licensed premises and the proposed temporary area, clearly delineating the respective spaces;

2. An explanation of the licensee’s legal ability to control the proposed temporary area (e.g., the licensee owns or rents the area, the local governing authority has authorized the licensee to use the area for the service of meals and alcoholic beverages, or the licensee has another type of permission to use it);

3. What temporary or fixed barriers or delineations will be utilized that will enable the licensee to control the temporary area;

4. Whether the temporary area will be shared with any other person, whether or not a licensee, and whether any other licensee will be permitting the consumption of alcohol in the area;

5. A statement that a copy of the application has been forwarded to the appropriate local law enforcement agency;

6. A statement by the licensee that the temporary authorization is consistent with the terms herein, as well as all state and local directives regarding the operation of an on-site food service; and

7. A non-refundable application fee of $100.

Upon filing of the application and payment of the fee, the applicant may begin exercising retail privileges in the temporarily authorized area. The authorization will be valid indefinitely, unless cancelled as provided below.

The authorization may be cancelled as follows:

1. Upon the termination of this COVID-19 Temporary Catering Authorization program;

2. For any violation of the ABC Act, or for violation of applicable laws, rules, ordinances, and other directives pertaining to business activities conducted on the premises and expanded area;

3. For disturbance of the quiet enjoyment of nearby residents;

4. Upon objection by local law enforcement;

5. If operation of the temporarily authorized area is inconsistent with State or local public health directives, including social distancing directives or guidance; or

6. If in the discretion of the Department continuance of the temporary authorization will negatively impact the public’s health, safety, or welfare.

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EXHIBIT H: Flyers and Other Resources
City Council 29 – 44 12/6/2022

CITY OF SANTA ANA
Planning and Building Agency
20 Civic Center Plaza ● P.O. Box 1988
Santa Ana, California 92702
www.santa-ana.org/pba

NOTICE OF PUBLIC HEARING
BEFORE THE CITY COUNCIL OF THE CITY OF SANTA ANA, CA.

The City of Santa Ana encourages the public to participate in the decision-making process.

The following notice is being provided so that you can ask questions, make comments and stay informed about projects that might be important to you. We encourage you to contact us prior to the Public Hearing if you have any questions.

NOTICE IS HEREBY GIVEN - The City Council of the City of Santa Ana will hold a public hearing to receive public testimony and will take action on the item described below.

Proposed Actions: (1) Adopt an ordinance approving Zoning Ordinance Amendment No. 2022- 04 relating to permit requirements and placement, development, and operational standards for outdoor dining areas on private properties; and (2) Adopt an ordinance approving Zoning Ordinance Amendment No. 2022-05 relating to permit requirements and operational standards for mobile food trucks on private properties.

Environmental Impact: Pursuant to the California Environmental Quality Act (“CEQA”) and the CEQA Guidelines, the adoption of these ordinances are exempt from CEQA review pursuant to sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because these ordinances will not result in a direct or reasonably foreseeable indirect physical change in the environment, as there is no possibility these ordinances will have a significant effect on the environment and are not a "project", as defined in Section 15378 of the CEQA Guidelines. As a result, a Notice of Exemption, Environmental Review (ER) No. 2022-88 for ZOA No. 2022-04 and ER No. 2022-99 for ZOA No. 2022-05, will be filed upon adoption of these ordinances.

Meeting Time and Date: This matter will be heard on Tuesday, December 6, 2022, at 5:45 p.m. or thereafter in the City Council Chambers, 22 Civic Center Plaza, Santa Ana, CA 92701. All interested persons can refer to the following link on the date of the meeting for more information and instruction for participating in the meeting https://www.santa-ana.org/agendas-and-minutes/.

How To Make Comments: If you do not wish to appear at the public hearing, you may also send your written comments to the Clerk of the Council, by mail to City of Santa Ana, 20 Civic Center Plaza – M30, Santa Ana, CA 92701 or via e-mail at [email protected] (reference “City Council meeting”) by 12:00 p.m. on Monday, the day before the meeting; e-mails received after said time will be on file for public viewing the day after the meeting.

Who To Contact For Questions: Should you have any questions, please contact the Planning and Building Agency at (714) 667-2705 or you can send an email to [email protected].

City Council 29 – 45 12/6/2022
Where To Get More Information - All staff reports regarding any item on this agenda are available for public inspection in the Clerk of the Council Office during regular business hours and posted on the City’s website the Tuesday before a Council meeting at: https://www.santaana.org/agendas-and-minutes/.

Si tiene preguntas en español, favor de llamar al (714) 647-6520.

Nếu cần liên lạc bằng tiếng Việt, xin điện thoại cho Tony Lai số (714) 565-2627.

If you challenge the decision on the above matter, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council of the City of Santa Ana at, or prior to, the public hearing.

Clerk of the Council
Publish Orange County Reporter - Legal Section;
Date: November 25, 2022
City Council 29 – 46 12/6/2022