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ORDINANCE NO. NS-1700 <br />PAGE SIX <br /> <br />said fence requirement may be waived by the planning <br />commission when it shall be found that the abutting <br />residential zoned property is in a period of transition to <br />commercial, professional or industrial usage or because of <br />other extenuating circumstances where said fence would not <br />promote the public ~health, welfare or safety. <br /> <br /> SECTION 5: That section 41-590 of the Santa Ana <br />Municipal Code is hereby amended to read as follows: <br /> <br />Sec. 41-590. Conditional use permit required. <br /> <br /> Any development, use or division of property <br />within a PRD modified district classification, even though <br />such development, use or division of said property may <br />conform to the base zone to which the PRD modified district <br />may be suffixed, requires the filing and approval of a <br />conditional use permit. <br /> <br /> SECTION 6: If any section, subsection, sen- <br />tence, clause, phrase or portion of this ordinance is for <br />any reason held to be invalid or unconstitutional by the <br />decision of any court of competent jurisdiction, such <br />decision shall not affect the validity of the remaining <br />portions of this ordinance. The City Council of the City <br />of Santa Ana hereby declares that it would have adopted <br />this ordinance and each section, subsection, sentence, <br />clause, phrase or portion thereof, irrespective of the fact <br />that any one or more sections, subsections, sentences, <br />clauses, phrases, or portions be declared invalid or <br />unconstitutional. <br /> <br /> SECTION 7: Neither the adoption of this ordinance <br />nor the repeal hereby of any ordinance shall in any manner <br />affect the prosecution for violation of ordinances, which <br />violations were committed prior to the effective date <br />hereof, nor be construed as affecting any of the provisions <br /> <br /> <br />