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ORDINANCE NO. NS-1297 <br />PAGE SIX <br /> <br /> SECTION 5: It is the intent of the City Council that <br />this ordinance be interpreted and applied so as to require a con- <br />ditional use permit for those same uses that would otherwise be <br />unconditionally permitted as residential uses under Sections 5115 <br />and 5116 of the Welfare and Institutions Code of the State of <br />California, as the sa~e now reads and as they may hereafter be <br />amended or modified by other provisions of state law, except <br />that no conditional use permit shall be required for homes which <br />by State license are limited to providing care for not more <br />than two persons. It is further the intent of the City Council <br />that Section 3 of this ordinance, by imposing the requirement of <br />a conditional use permit for such uses in the R1 use district, <br />be construed to likewise require a conditional use permit for <br />such uses in the R2, R3, R3H, R4 and P use districts by opera- <br />tion of sections 41-247(c) (1), 41-259(g) (5), 41-274(b) (3), 41- <br />292(g) (1), and 41-313(a) of the Santa Ana Municipal Code respec- <br />tively. <br /> <br /> SECTION 6: If any section, subsection, sentence, clause, <br />phrase or portion of this ordinance is for any reason held to be <br />invalid or unconstitutional by the decision of any court of com- <br />petent jurisdiction, such decision shall not affect the validity <br />of the remaining portions of this ordinance. The City Council <br />of the City of Santa Ana hereby declares that it would have <br />adopted this ordinance and each section, subsection, sentence, <br />clause, phrase or portion thereof irrespective of the fact that <br />any one or more sections, subsections, sentences, clauses, phrases <br />or portions be declared invalid or unconstitutional. <br /> <br /> PASSED AND ADOPTED by the City Council of the City of <br />Santa Ana at its regular meeting held on the <br />day of February _ , 1976. <br /> <br />ATTEST: <br /> <br />CLERK OF THE COUNCIL <br /> <br /> <br />