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HomeMy WebLinkAboutNS-1123ORDINANCE NS-11Z3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REPEALING, RENUMBERINGf AMENDINGt AND ADDING TO, PORTIONS OF CHAPTER 41 OF SAID CODE TO REQUIRE MINOR EXCEPTION PERMIT IN PLACE OF CONDITIONAL USE PERMITS FOR ESTABLISHMENTS SELLING LIQUOR OR BEER FOR CONSUMPTION ON THE PREMISES WHICH ARE TO BE LOCATED OR OPERATED WITHIN THREE HUNDRED FEET OF ANY PROPERTY ZONED OR USED FOR RESIDENTIAL OR AGRICULTURAL PURPOSES. THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1. Chapter 41, Section 41-365 of the Santa Aha Municipal Code is hereby amended by adding a minor exception permit requirement to subsection (c)-(10), and by removing subsection (c) - (16) - (v) and renumbering subsection (c)-(16)- (vi) to subsection (c)-(16)-(v) as follows: Sec. 41-365. Uses permitted. Permitted uses are: (a) (b) (c) Administrative and professional offices. Any wholly retail store, trade or service but excluding sheet metal shops, body-fender works, automobile paint shop, repair garages, and any activity which includes the processing, treatment, manufacturing, assembling, or compounding, of any product other than that which is clearly and tradi- tionally incidental and essential to a particular retail activity. Other retail or service uses including but not limited to the following: (1) Automobile parking lots and parking garages. (2) Automobile sales lots, both new and used but ex- cluding trailers, boats and tractors (semitrucks). (3) Buildings of public assemblage limited to churches, chapels, mortuaries and theaters. (4) Clubs, fraternal organizations and unions. (5) Hospitals, clinics, sanitariums, including animal hospitals. (6) Motels and hotels. (7) Nurseries. (8) Gynmasiums, outdoor miniature golf courses, regu- lation golf courses and driving ranges. (9) Public buildings and public utility structures in- cluding electric distribution and transmission substations. (10)Restaurants, cafes, cocktail lounges and drive-in eating establishments; provided that no such es- tablishment selling liquor or beer for consump- tion on the premises may locate or operate within three hundred (300) feet of any property zoned or used for residential or agricultural purposes with- out first obtaining a minor exception permit. No minor exception permit shall be required when any property within three hundred (300) feet of a then existing restaurant, cafe, cocktail lounge, or drive-in eating establishment, selling liquor or beer for consumption on the premises is subsequently zoned or used for residential or agricultural pur- poses. (11) Schools and studios operated for commercial and public purposes. (12) Dwelling units when erected above the ground floor of a commercial structure when the ground floor is devoted exclusively to nonresidential use. (13) Rest homes, convalescent homes, old-age homes and day nurseries. (14) Signs as follows: (i) One single-faced nonflashing sign not more than twenty-four (24) square feet in area pertain- ing only to the sale, lease or hire of the particular building, lot or premises upon which displayed. (15) (16) (ii) Single-faced or double-faced flashing or non- flashing signs pertaining only to business conducted on the premises. (iii) (iv) Structural alterations and additions may be made to existing residential uses provided that such alterations and additions will in no way increase the number of dwelling units contained on the lot. The following uses subject to the issuance of an approved conditional use permit. (i) Trailer parks. (ii) Bill boards and advertising structures per- taining to a business or produc not conducted or sold on the lot upon which said sign is displayed. Outdoor and indoor recreational uses not set forth in subsection (c), paragraph (8) herein- above. Temporary directional signs. Adult book stores. SECTION 2. Chapter 41, Section 41-377 of the Santa Ana Munici- pal Code is hereby amended by adding a minor exception permit require ment to subsection (g) thereof to read as follows: Sec. 41-377. Uses permitted. Permitted uses are: (a) All uses permitted in the (c) (d) (e) (f) (g) C1 district but subject to the conditions, restrictions and limitations of this district. Advertising signs and structures including billboards. Carnivals and circuses, provided, however, that no such use shall locate or operate longer than ten (10) days within a six-month period on the same recorded parcel. Automotive garages including body and fender repair, painting, and engine replacement. Blueprinting, photoengraving, including all types of reproduction processes. Enclosed storage. Nightclubs, bowling alleys, dance halls, skating rinks, sports stadiums, arenas and outdoor theaters; provided that no such establishment selling liquor or beer for consumption on the premises may locate or operate with- in three hundred (300) feet of any property zoned or used for residential or agricultural purposes without first obtaining a minor exception permit. No minor exception permit shall be required when property with- in three hundred (300) feet of an existing nightclub, bowling alley, dance hall (h) (±) (j) (k) (1) (m) (n) skating rink, sports stadium, arena or outdoor theater, selling liquor or beer for consumption on the premises subsequently is zoned or used for residential or agri- cultural purposes. Equipmental rental yards for light machinery. Metal shops. Tire recapping. Wholesale establishments as follows: (1) {2) (3) (4) (5) (6) (7) Office equipment and supplies. Truck, trailer, tractor and boat sales, both new and used. Research institutions and laboratories. The following uses stlbject to the issuance of an approved conditional use permit. (1) All uses permitted in the Cl district that are subject to a conditional use permit. Automotive equipment, including parts and supplies for machinery. Drugs, chemicals and allied products excluding ex- plosives and industrial chemicals. Dry goods and apparel. Food products. Farm products. Electrical and plumbing supplies. SECTION 3. Chapter 41, Section 41-395 of the Santa Ana Municipal Code is hereby amended by adding a minor exception permit requirement to subsection (b) thereof to read as follows: Sec. 41-395. Uses permitted. Permitted uses are: (a) Any wholly retail, wholesale or service use including any use permitted in the P, C1, and C2 districts. (b) Any place of assemblage for purposes of meeting, worshipping, eating, drinking or entertainment, pro- vided that no such establishment serving liquor or beer for consumption on the premises be located or operated within three hundred (300) feet of any property zoned or used for residential or agricultural purposes with- out first obtaining a minor exception permit. No minor exception permit shall be required when any pro- perty within three hundred (300) feet of a then existing place of eating, drinking, or entertainment selling liquor or beer for consumption on the premises is sub- sequently zoned or used for residential or agricultural purposes. (c) Any advertising structure. (d) The following uses subject to the issuance of an approved conditional use permit: (1) Adult bookstore. SECTION 4. Chapter 41, Section 41-412 is hereby amended by adding a minor exception permit requirement to read as follows: Sec. 41-412. Uses permitted. Permitted uses are any wholly retail structure, business, office or service, provided that no such establishment serving liquor or beer for consumption on the premises be located or operated within three hundred (300) feet of any property zoned or used for residential or agricultural purposes without first obtaining a minor exception permit, and except that an "adult bookstore" use shall require the issuance of an approved conditional use permit. No minor exception permit shall be required when any property within three hundred (300) feet of a then existing permitted use selling liquor or beer for consumption on the premises is subsequently zoned or used for residential or agricultural purposes. SECTION 5. Chapter 41, Section 41-424 of the Santa Ana Municipal Code is hereby amended by adding a minor exception permit requirement to subsection (c)-(8) to read as follows: Sec. 41-424. Uses Permitted. Permitted uses are: (a) Administrative and professional offices. (b) Any wholly retail store, trade or service but exclud- ing nurseries, sheet metal shops, body~fender works, automobile paint shop, repair garages, and any acti- vity which includes the processing, treatment, manu- facturing, assembling, or compounding of any product other than that which is clearly and traditionally incidental and essential to a particular retail acti- vity. (c) Other retail or service uses including but not limited to the following: (1) Automobile parking lots and service stations but excluding the sale or storage of automobiles, trucks, trailers, boats, tractors, both new or used. (2) Buildings of public assemblage limited to churches, chapels, mortuaries and theaters. (3) Clubs, fraternal organizations and ~nions. (4) Hospitals, clinics, sanitariums, excluding ani- mal hospitals. (5) Motels and hotels. (6) Miniature golf courses but excluding all other outdoor recreational facilities including carni- vals and circuses. (7) Public buildings and public utility structures including electric distribution and transmission substations. (8) Restaurants, cafes, cocktail lounges and drive-in eating establishments; provided that no such establishment selling liquor or beer for consump- tion on the premises may locate or operate within three hundred (300) feet of any property zoned or used for residential or agricultural purposes with- out first obtaining a minor exception permit. No minor exception permit shall be required when any property within three hundred (300) feet of a then existing restaurant, cafe, cocktail lounge, or drive-in eating establishment, selling liquor or beer for consumption on the premises is subsequent- ly zoned or used for residential or agricultural purposes. (9) Schools and studios operated for commercial and public purposes. (10) Dwelling units when erected above the ground floor of a commercial structure when the ground floor is devoted exclusively to nonresidential use. (ll) Rest homes, convalescent homes, and day nurseries. (12) Signs permitted in the C-1 district. (13) The printing, publishing and circulation of a newspaper, including plant and office. (14) Adult book store, subject to the issuance of an approved conditional use permit. (d) Structural alterations and additions may be made to existing residential uses provided that such alterations and additions will in no way increase the number of dwelling units contained on the lot. SECTION 6. Chapter 41, Section 41-442 of the Santa Ana Muni- cipal Code is hereby amended by adding a minor exception permit re- quirement to subsection (a) (1) to read as follows: Sec. 41-442. Uses permitted. (a) The following uses are permitted in this district, pursuant to the provisions of section 41-444 (site development standards): (1) Retail sales conducted entirely within enclosed build- ings, provided that no such establishment serving liquor or beer for consumption on the premises may locate or operate within three hundred (300) feet of any property zoned or used for residential or agricu- tural purposes without first obtaining a minor excep- tion permit. No minor exception permit shall be required when property within three hundred (300) feet of a then existing retail sales establishment conducted entirely within an enclosed building,, selling liquor or beer for consumption on the premises/~ubsequently zoned or used for residential or agricultural purposes. (2)Professional offices. (3)Personal services. (4)Dwelling units. (5) Resident managers' offices devoted solely to the rental of dwelling units on the site, providing that said offices, surrounding grounds, and any related sign shall retain a residential character if located within residential use areas of the site. (6)Related uses wholly subsidiary to the above uses. (7) Adult book stores, subject to the issuance of an ap- proved conditional use permit. (b) Gasoline service stations, but no other automotive re- pair or service facilities, may be permitted by conditional use permit, providing such service stations are integrated into the larger site plans and providing they are accessible from the adjacent arterial street or highway only by way of the planned limited access serving the property as a whole. SECTION 7. Chapter 41, Section 41-472 of the Santa Ana Munici- pal Code is hereby amended by adding a minor exception permit require- ment to subsection (h) (10) thereof to read as follows: Sec. 41-472. Uses permitted. (a) The compounding, processing, packaging or treatment of such products as candy, cosmetics, drugs, perfumes, pharmaceuticals, toiletries, and food products, except the rendering and refining of fats and oils; (b) The manufacture, compounding, assembly of articles or merchandise from the following previously prepared materials: aluminum, bone, brass, cellophane, camel- back, canvas, cloth, cork, copper, feathers, felt, fibre, fur, glass, hair, horn, latex, lead, leather, paint, paper, plastics, precious or semi-precious metals or stone, shell, rubber, tin, iron, steel, to- bacco, wood and yarns: (c) The manufacture of pottery, figurines or similar ce- ramic products using only previously pulverized clay and kilns fired only by electricity or gas; (d) Foundry casting lightweight, non-ferrous metal; (e) Petroleum and gas storage; (f) Planing mill; (g) machine shop or other metal working shops; {h) The following non-industrial uses: (1) Accessory commercial uses which are necessary yet incidental to a permitted use under this section: (2) Signs shall be permitted in the manner prescribed in Article IV of this chapter; (3) Kennels; (4) Laundry and dry cleaning establishments and dye works; (5) Public buildings and structures and public utility buildings and electric distribution and transmis- sion substations; (6) Research, experimental or study laboratories; (7) Service stations and garages; (8) Storage and warehousing, both open and enclosed, but specifically prohibiting wrecking yards, junk yards and salvage yards; (9) Wholesale distributing plants; (10) Restaurants and employee cafeterias; provided that no such establishment selling liquor or beer for consumption on the premises may operate or locate within three hundred (300) feet of any property zoned or used for residential or agricultural purposes without first obtaining a minor exception permit. No minor exception permit shall be required when any property within three hundred (300) feet of an existing restaurant or employees cafeteria selling liquor or beer for consumption on the premises subsequently is zoned or used for resi- dential or agricultural purposes. (11) Administrative and professional offices; (12) Structural alterations and additions to existing residential uses p~ovided that such alterations and additions will in no way increase the number of dwelling units contained on the lot; (13) The following uses subject to the issuance of an approved conditional use permit as prescribed in Article V of this chapter: (a) Any retail or service use permitted in any commercial district; (b) Adult book store; (c) Any storage or temporary location of new or used buildings or houses. SECTION 8. Chapter 41, Section 41-489 of the Santa Ana Munici- pal Code is hereby amended by adding a subsection C3] thereto to read as follows: Sec. 41-489. Uses permitted. Permitted uses are: (a) Any use unconditionally permitted in the Mi district. (b) Any other industrial or non-industrial use not in con- flict with any other ordinance of the city regulating nuisances and not listed as a conditionally permitted use set forth in subsection (c) of this section. Noth- ing contained herein is to be construed to permit the use of any property for residential subdivision or any other residential use other than permanent quarters for a guard, custodian or caretaker. (c) The following uses subject to the issuance of an ap- proved conditional use permit as prescribed in article v of this chapter. (1) Any professional, retail or service use permitted in the professional or commercial districts. (2) Acid manufacturing. (3) Automobile-wrecking yards and salvage yards. (4) Cement, lime gypsum or plaster of paris manu- ture. (5) Distillation of bones. (6) Explosives, manufacture or storage. (7) Fat rendering and refining. (8) Fertilizer manufacture. (9) Garbage, offal or dead animals reduction or dumping. (10) Gas manufacturing, including acetylene manufacture. (11) Glue manufacture. (12) Petroleum refining. (13) Smelting of tin, copper, zinc or iron ores. (14) Stockyards. (15) Slaughter of animals. (16) Tannery or the curing or storage of raw hides. (17) Adult book store. (d) Restaurants and employee cafeterias; provided that no such establishment selling liquor or beer for consumption on the premises may operate or locate within three hundred (300) feet of any property zoned or used for residential or agricultural purposes without first obtaining a minor ~xception permit. No minor exception permit shall be required when any property within three hundred (300) feet of an existing restaurant or employees cafeteria selling liquor or beer for consumption on the premises subsequently is zoned or used for residential or agricul- tural purposes. (d) I SECTION 9. Chapter 41, Section 41-506 of the Santa Aha Munici- pal Code is hereby amended by adding a minor exception permit require- ment to subsection (a) thereof to read as follows: Section 41-506. Uses permitted. Permitted uses are: (a) Any use unconditionally permitted in the M-1 District, provided that no such establishment serving liquor or beer for consumption on the premises be located or operated within three hundred (300) feet of any property zoned or used for residential or agricultural purposes without first obtaining a minor exception permit. No minor exception permit shall be required when any property within three hundred (300) feet of a then exist- ing use unconditionally permitted in the M-1 District, selling liquor or beer for consumption on the premises, is subsequently zoned or used for residential or agri- cultural purposes. (b) Any professional use unconditionally permitted in the P District. (c) Any other use which, in the opinion of the planning commission, will prove compatible with the afore~ mentioned permitted uses; except that for an adult book store use an approved conditional use permit must be obtained. SECTION 10. Chapter 41, Section 41-521 of the Santa Ana Munici- pal Code is hereby amended by adding a minor exception permit require- ment to subsection (a) thereof to read as follows: Sec.41-521. Uses permitted. Permitted uses are: (a) Any retail or service use permitted in the C-3 District provided that no such establishment serving liquor or beer for consumption on the premises be located or operated within three hundred (300) feet of any pro- perty zoned or used for residential or agricultural purposes without first obtaining a minor exception permit. No minor exception permit shall be required when any property within three hundred (300) feet of a then existing retail or service use permitted in the C-3 District selling liquor or beer for consumption on the premises is subsequently zoned or used for resi- dential or agricultural purposes. (b) Beverage manufacture including bottling works. (c) Building materials sales yard including the sale of rocks, sand, gravel and cement mixing. (d) Commercial laundry and dry cleaning works. (e) Contractor's equipment storage and rental. (f) Freight or truck terminal. (g) Ice cream manufacture. (h) Ice manufacture and cold storage plant. (i) Manufacture and maintenance of billboards and other advertising structures. (j) Retail lumberyard including mill and sash work if conducted entirely within an enclosed building. (k) Veterinary hospitals and kennels. (1) Wholesale warehouse, storage buildings and yards ex- cluding auto wrecking and salvage yards. (m) Woodworking shops including cabinet shops and furniture repair shops. (n) Handicraft manufacture. (o) Ceramic manufacture. (p) Pipe storage. SECTION 11. Chapter 41, Section 41-632 is hereby amended by adding (k) to subsection (a) (3) to read as follows: Sec. 41-632. CONDITIONAL USE PERMIT, VARIANCE AND MINOR EXCEP- TION APPLICATIONS-INITIATION, SCOPE (a) In accordance with the procedures outlined in this article, application may be made for: (1) (2) (3) Conditional use permit for a specific use of land or buildings in a land use district wherein such use may be so conditionally permitted. Variance to use land or buildings in a manner at vari- ance with the provisions of the zoning ordinance, or in lieu of a variance. Minor exception to obtain a waiver or modification of those zoning ordinance provisions which pertain to the following: (a) Lineal dimension of yards. Modifications granted shall not exceed by more than twenty per cent (20%) the minimum requirements. (b) Separation between buildings and other structures. Modifications granted shall not exceed by more than fifty per cent (50%) the minimum requirement. (c) Lot coverage. Modifications granted shall not exceed by more than twenty per cent (20%) the maxi- mum coverage permitted. (b) Height of buildings. Modifications granted shall not exceed by more than twenty-five per cent (25%) the maximum height permitted. (e) Signs. Area modifications granted shall not exceed by more than twenty per cent (20%) the maximum area permitted. (f) Setback and future right-of-way lines. (g) Off-street parking. Modifications granted for re- ductions in required number of stalls shall not exceed by more than twenty per cent (20%) the minimum ordinance requirement. (h) Operational standards. Modifications granted may include minor exceptions to screening and land- scape requirements but shall not include exceptions to provisions pertaining to uses permitted in the open. (i) Walls and fences. (j) Any other regulation that the planning commission may from time to time declare. (k) Any establishment serving liquor or beer for con- s~mption on the premises to be operated or located within three hundred (300) feet of any property zoned or used for residential or agricultural pur- poses. Application for a conditional use permit, variance or minor exception may be made by the owner or agent of the owner of the property affected, or it may be initia- ted by the planning department, planning commission or council. SECTION 12. Chapter 41, section 41-640 of the Santa Ana Munici- pal Code is hereby amended by a~ending the procedure for review of minor exceptions to read as follows: Sec. 41-640. ZONING ADMINISTRATOR TO MAKE FINDING OF FACT- REFERRAL TO PLANNING COMMISSION FOR HEARING. In granting or denying a conditional use permit, variance or minor exception, when authority to so act has been authorized in the manner prescribed in section 41-630, subsection (b) of this article, the zoning administrator shall make a written find- ing which shall specify all facts relied upon in rendering his decision and in attaching conditions and safeguards. A copy of the decision together with th~ written finding of fact shall be filed with the clerk of the ~ndil%, with the planning commission, with the city planning department, and mailed to the applicant. All decisions of the zoning administrator on applications for conditional use permits and variances shall be reviewed by the planning commission. All decisions of the zoning administrator on applications for minor exceptions shall be final and need not be reviewed by the planning commission, except that applications for minor exceptions by establishments selling liquor or beer for consumption on the premises to be operated or located within three hundred (300) feet of any property zoned or used for resi- dential or agricultural purposes, shall also be filed with the Clerk of the Council and may be reviewed by the City Council at its discretion and need not be reviewed by the Planning Commission unless City Council requests that such decision be first reviewed by the Planning Commission. SECTION 13. 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 ordi- nance. 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 sec- tions, subsections, clauses, phrases or portions be dec- lared invalid or unconstitutional. SECTION 14. 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 committed prior to the effective date here- of, nor be construed as affecting any of the provisions of such ordinances relating to the collection of any such license or penalty or the penal provisions applicable to any violation thereof, nor to affect the validity of any bond or cash deposit in lieu thereof, required to be posted, filed or deposited pursuant to any ordinance, and all rights and obligations thereunder appertaining shall continue in full force and effect. SECTION 15. The Clerk of the Council shall certify to the passage of this ordinance and cause the same to be published in some daily newspaper printed and published in the City of Santa Ana. SECTION 16. This Ordinance shall take effect thirty (30) days from and after the date of its adoption. PASSED AND ADOPTED by the City Council of the City of Santa Ana at its adjourned regular meeting held on the 17%h day of July , 1972. ATTEST: MAYOR CLERK OF THE COUNCIL APPROVED AS TO FORM: ~ ~e~ttA°'r2~her s STATE OF CALIFORNIA) COUNTY OF ORANGE ) CITY OF SANTA ANA SS I, FLORENCE I. MALONE, do hereby certify that I am the Clerk of the Council of the City of Santa Ana; that the fore- going Ordinance was introduced to said Council at its regular meeting hel~ on th? ~ day of__ Ju~y , 1972, and was again considered by said Council at its meeting held on the 17th day of Ju~¥ , 1972, and was at said meeting passed and adopted by the following vote, to wit: AYES~ NOES~ COUNCILMEN: Herrin~ Evans~ Markel~ Patterson, Villa, Griset COUNCILMEN: Yamamoto ABSENT, COUNCILMEN: None CLERK OF THE COUNCIL APPROVED AS TO FORM: yA. WITHERS, CITY ATTORNEY