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ORDINANCE NS-2213 015 Page 3 SECTION 4: That section 41-442.5 of the Santa Ana Municipal Code is amended to read as follows: Sec. 41-442.5. Uses subject to a conditional use permit in the CR district. The following uses may be permitted in the CR district subject to the issuance of a conditional use permit: homes, fraternity Hotels, motels, lodging houses, care houses and sorority houses. Service stations, provided they are integrated into a larger development site and accessible only by limited access ways serving the larger site as a whole. (a) (b) (c) Indoor swap meets, bulk merchandise stores, and home improvement warehouse stores. ' s (d) Eating establishment open at any time between the hours of 12:00 midnight and 5:00 a.m. and located within 150 feet of residentially zoned or used property, measured from property line to property line. SECTION 5; The Santa Ana Municipal Code is hereby amended by adding a section to be numbered 41-688, which said section reads as follows: Sec. 41-688. Late-night eating establishments. From and after the date occurring two (2) years after the date of adoption of the ordinance adding this section to the municipal code, no eating establishment which is a nonconforming use by reason of being open for business at any time between the hours of 12:00 midnight and 5:00 a.m. shall continue to operate during such hours unless a conditional use permit to do so has been granted to such establishment. SECTION 6: 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 Aha 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 7: Neither the adoption of this ordinance nor the repeal hereby of any ordinance shall in any manner affect the prosecution for violation of ordinances, which violations were 3