HomeMy WebLinkAboutNS-1507REL: ms
9/6/79
ORDINANCE NO. NF~lS07
AN ORDINANCE OF THE CITY OF SANTA ANA
AMENDING SECTIONS 41-365, 41-377, 41-395,
41-412, 41-424, 41-442, 41-472, 41-489,
41-506, 41-521, 41-632, 41-638 AND 41-640
OF THE SANTA ANA MUNICIPAL CODE TO PRO-
HIBIT SALE OF ALCOHOLIC BEVERAGES IN
THE COMMERCIAL AND INDUSTRIAL ZONES.
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES
ORDAIN AS FOLLOWS:
SECTION 1: That section 41-365 of the Santa
Ana Municipal Code, is hereby amended to read as follows:
Sec. 41-365. Uses permitted.
Permitted uses are:
(a) Administrative and professional
offices.
(b)
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 traditionally incidental and
essential to a particular retail
activity, and also provided that no
establishment of any type may be used
for the sale of alcoholic beverages
for either on-site or off-site consump-
tion without a minor exception permit.
(c)
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 excluding
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) Gy~masiums, outdoor miniature
golf courses, regulation golf
courses and driving ranges.
(9) Public buildings and public
utility structures including
electric distribution and
transmission substations.
ORDINANCE NO. NS-1507
PAGE TWO
(10) Restaurants, cafes, and drive-in
eating establishments; provided
that no such establishment may
be used for the sale of alcoholic
beverages for either on-site or
off-site consumption without a
minor exception permit.
(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 pertaining only to
the sale, lease or hire
of the particular building,
lot or premises upon
which displayed.
(ii) Single-faced or double
faced flashing or non-
flashing signs pertaining
only to business conducted
on the premises.
(15) Structural alterations and
additions may be made to
existing residential uses
provided that such alteration
and additions will in no way
increase the number of dwelling
units contained on the lot.
(16) The following uses subject to
the issuance of an approved
conditional use permit.
(i) Trailer parks.
(ii) Billboards and advertising
structures pertaining to
a business or product not
conducted or sold on the
lot upon which said sign
is displayed.
(iii) Outdoor and indoor
recreational uses not set
forth in subsection (c),
paragraph (8) hereinabove.
(iv) Temporary directional
signs.
(v) Adult bookstores.
SECTION 2: That section 41-377 of the Santa
Ana Municipal Code, is hereby amended to read as follows:
Sec. 41-377. Uses Permitted.
Permitted uses are:
(a)
Ail uses permitted in the Cl district
but subject to the conditions, restric-
tions and limitations of this district.
ORDINANCE NO. NS-1507
PAGE THREE
(b)
Advertising signs and structures
including billboards.
(c)
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.
(d)
Automotive garages including body
and fender repair, painting, and
engine replacement.
(e)
Blueprinting, photoengraving,
including all types of reproduction
processes.
(f) Enclosed storage, except mini-
warehouses.
(g)
Nightclubs, bowling alleys, dance
halls, skating rinks, sports stadiums,
arenas and outdoor theaters; provided
that no such establishment may be used
for the sale of alcoholic beverages
for either on-site or off-site consump-
tion without a minor exception permit.
(h) Equipmental rental yards for light
machinery.
(i) Metal shops.
(j) Tire recapping.
(k) Wholesale establishments as follows:
(1) Automotive equipment, including
parts and supplies for machinery.
(2) Drugs, chemicals and allied
products excluding explosives
and industrial chemicals.
(3) Dry goods and apparel.
(4) Food products.
(5) Farm products.
(6) Electrical and plumbing supplies.
(7) Office equipment and supplies.
(1) Truck, trailer, tractor and boat sales,
both new and used.
(m) Research institutions and laboratories.
(n) The following uses subject to the issuance
of an approved conditional use permit.
(1) Ail uses permitted in the Cl district
that are subject to a conditional use
permit.
(2) Mini-warehouses.
(3) Missions.
SECTION 3: That section 41-395 of the Santa
Ana Municipal Code, is hereby amended 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.
ORDINANCE NO. NS~507
PAGE FOUR
(b)
Any place of assemblage for purpose
of meeting, worshiping, eating,
drinking or entertainment, provided
that no such establishment may be
used for the sale of alcoholic
beverages for either on-site or
off-site consumption without a
minor exception permit.
(c) Any advertising structure.
(d)
The following uses subject to the
issuance of an approved conditional
use permit:
(1) Adult bookstores.
(2) Mini-warehouses.
(3) Missions.
SECTION 4: That section 41-412 of the Santa
Ana Municipal Code, is hereby amended 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
may be used for the sale of alcoholic beverages for either
on-site or off-site consumption without a minor exception
permit, and except that an "adult bookstore" use shall
require the issuance of an approved conditional use permit.
SECTION 5: That section 41-424 of the Santa
Ana Municipal Code, is hereby amended 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 excluding nurseries,
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
traditionally incidental and essential
to a particular retail activity; and
also provided that no establishment
of any type may be used for the sale
of alcoholic beverages for either
on-site or off-site consumption
without a minor exception permit.
(c)
Other retail or service uses including
but not limited as 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.
ORDINANCE NO. NS-1507
PAGE FIVE
(2) Buildings of public assemblage
limited to churches, chapels,
mortuaries and theaters.
(3) Clubs, fraternal organizations
and unions.
(4) Hospitals, clinics, sanitariums,
excluding animal hospitals.
(5) Motels and hotels.
(6) Miniature golf courses but
excluding all other outdoor
recreational facilities including
carnivals and circuses.
(7) Public buildings and public
utility structures including
electric distribution and
transmission substations.
(8) Restaurants, cafes, and drive-
in eating establishments;
provided that no such estab-
lishment may be used for the
sale of sell alcoholic beverages
for either on-site or off-site
consumption without a minor
exception permit.
(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.
(11) 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 bookstore, 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: That section 41-442 of the Santa
Ana Municipal Code, is hereby amended 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 buildings, provided
that no such establishment may be
used for the sale of alcoholic
beverages for either on-site
or off-site consumption without
a minor exception permit.
(2) Professional offices.
(3) Personal services.
(4) Dwelling units.
ORDINANCE NO. NS- 1507
PAGE SIX
(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 bookstores, subject to
the issuance of an approved
conditional use permit.
(8) Condominiums and condominium
conversions subject to the
issuance of an approved conditional
use permit.
(b)
Gasoline service stations, but no
other automotive repair or service
facilities, may be permitted by
conditional use permit, providing
such service stations are integrated
into the large 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: That section 41-472 of the Santa
Ana Municipal Code, is hereby amended 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 of merchandise
from the following previously
prepared materials: Aluminum,
bone, brass, cellophane, camelback,
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, tobacco,
wood and yarns;
(c) The manufacture of pottery, figurines
or similar ceramic products using
only previously pulverized clay and
kilns fired only by electricity or
gas;
(d) Foundry casting lightweight, nonferrous
metal;
(e) Petroleum and gas storage;
(f) Planing mill;
(g) Machine shop or other metal working shops;
ORDINANCE NO. NS- 1507
PAGE SEVEN
(h)
The following nonindustrial uses,
provided no establishment may be
used for the sale of alcoholic
beverages for either on-site or
off-site consumption without a
minor exception permit:
(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) Laundry and dry cleaning
establishments and dye works;
(4) Public buildings and structures
and public utility buildings
and electric distribution and
transmission substations;
(5) Research, experimental or
study laboratories;
(6) Service stations and garages;
(7) Storage and warehousing, both
open and enclosed, except
mini-warehouses, and specifically
prohibiting wrecking yards,
junk yards and salvage yards;
(8) Wholesale distributing plants;
(9) Restaurants and employee
cafeterias;
(10) Administrative and professional
offices;
(11) Structural alterations and
additions to existing residential
uses provided that such alterations
and additions will in no way
increase the number of dwelling
units contained on the lot;
(12) 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 bookstore;
(c) Any storage or temporary
location of new or used
buildings or houses;
(d) Mini-warehouses;
(e) Kennels.
SECTION 8: That section 41-489 of the Santa
Ana Municipal Code, is hereby amended to read as follows:
Sec. 41-489. Uses permitted.
Permitted uses are:
(a)
Any nonresidential use which is not
prohibited as a public nuisance by
any other provision of this code
and which is not listed as a conditionally
permitted use in subsection (c) of
this section; provided that no
establishment of any type may be used
for the sale of alcoholic beverages for
either on-site or off-site consumption
without a minor exception permit.
ORDINANCE NO. NS-1507
PAGE EIGHT
(b)
(c)
Permanent quarters for a guard,
custodian, or caretaker when incidental
to a permitted primary use.
The following uses subject to the
issuance of an approved conditional
use permit as prescribed in Article
V of this chapter:
(1) Any professional, retail or
service use permitted in the
professional and commercial
districts.
(2) Acid manufacturing.
(3) Automobile-wrecking yards and
salvage yards.
(4) Cement, lime, gypsum or plaster
of paris manufacture.
(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 bookstore.
(18) Mini-warehouse.
(19) Kennels.
SECTION 9: That section 41-506 of the Santa
Ana Muncipal Code, is hereby amended to read as follows:
Sec. 41-506. Uses permitted.
Permitted uses are:
(a) Any use unconditionally permitted
in the Mi district, provided that
no such establishment may be used
for the sale of alcoholic beverages
for either on-site or off-site con-
sumption without a minor exception
permit.
(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 aforementioned
permitted uses; except that for an
adult book store use an approved
conditional use permit must be
obtained.
ORDINANCE NO. NS-1507
PAGE NINE
SECTION 10: That section 41-521 of the Santa
Ana Municipal Code, is hereby amended 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 may be used
for the sale of alcoholic beverages
for either on-site or off-site con-
sumption without a minor exception
permit.
(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.
(1)
Wholesale warehouse, storage buildings
and yards excluding auto wrecking
and salvage yards, except that
mini-warehouses are only permitted
subject to the issuance of an
approved conditional use permit.
(m) Woodworking shops including cabinet
shops and furniture repair shops.
(n) Handicraft manufacture.
(o) Ceramic manufacture.
(p) Pipe storage.
ORDINANCE NO. NS- 1507
PAGE TEN
SECTION 11: That section 41-632 of the Santa
Ana Municipal Code, is hereby amended to read as follows:
Sec. 41-632.
Conditional use permit, variance
and minor exception applications--
Initiation, scope.
(a)
In accordance with the procedures
outlined in this article, application
may be made for:
(1) Conditional use permit for a
specific use of land or buildings
in a land use district wherein
such use may be so conditionally
permitted.
(2) Variance to use land or buildings
in a manner at variance with
the provisions of this Chapter.
(3) Minor exception to obtain a
waiver or modification of
those zoning provisions which
pertain to the following:
(a) Lineal dimensions 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 maximum
coverage permitted.
(d) 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
reductions 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 landscape
requirements but shall
not include exceptions to
provisions pertaining to
uses permitted in the
open.
ORDINANCE NO. NS- 1507
PAGE ELEVEN
(i) Walls and fences.
(j) Any other regulation that
the planning commission
may from time to time
declare.
(k) Any establishment selling
alcoholic beverages for
either on-site or off-
site consumption.
(b)
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 initiated by the
planning department, planning
commission or council.
SECTION 12: That section 41-638 of the Santa Ana
Municipal Code is hereby amended to read as follows:
Sec. 41-638.
Standards for granting applications
for minor exceptions, variances and
conditional use permits and appeals.
(a)
The council, planning commission
and zoning administrator may grant
according to the procedure outlined
in this chapter:
(1)
Conditional use permits for
specific uses located at a
particular location, and minor
exception permits for the sale
of alcoholic beverages for
either on-site or off-site
consumption, when it shall be
deemed:
(a) To be necessary or desirable
to provide a service or
facility which will
contribute to the general
wellbeing of the neighborhood
or the community; and
(b) That such use will not,
under the cirucmstances
of the particular case,
be detrimental to the
health, safety or general
welfare of persons residing
or working in the vicinity,
or injurious to property
or improvements in the
vicinity; and
(c) That the proposed use
will comply with the
regulations and conditions
specified in this chapter
for such use; and
(d) -That granting of this
conditional use will not
adversely affect the
general plan of the city.
ORDINANCE NO. NS-I$07 '
PAGE TWELVE
(2)
Variances from and minor exceptions
to the provisions of the Municipal
Code, other than minor exception
permits for sale of alcoholic beverages,
when it appears that all of the
following have been established:
(a) That because of special circumstances
applicable to the subject property,
including size, shape, topography,
location or surroundings,
the strict application of the
zoning ordinance is found to
deprive the subject property
of privileges not otherwise
at variance with the intent and
purpose of the provisions of
this chapter;
(b) That the granting of a
variance or minor exception
is necessary for the
preservation and enjoyment
of one or more substantial
property rights;
(c) That the granting of a
variance or minor exception
will not be materially
detrimental to the public
welfare or injurious to
surrounding property;
(d) That the granting of a
variance or minor exception
will not adversely affect
the general plan to the
city.
(b)
In granting any conditional use
permit, variance or minor exception,
the zoning administrator, planning
commission or council may impose
such conditions as are deemed
necessary and desirable to protect
the public health, safety or welfare
in accordance with the purpose and
intent of this chapter.
SECTION 13: That section 41-640 of the Santa
Ana Municipal Code, is hereby amended 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 finding which shall specify all facts
relied upon in rendering his decision and in attaching
conditions and safeguards. A copy of the decision together
with the written finding of fact shall be filed with the
clerk of the council, 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 admin-
istrator on applications for minor exceptions shall be final
ORDINANCE NO. NS- 1507
PAGE THIRTEEN
and need not be reviewed by the planning commission, except
that applications for minor exceptions for the sale of
alcoholic beverages for either on-site or off-site consumption
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 14: 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 15: 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 hereof,
nor be construed as affecting any of the provisions of such
ordinance relating to the collection of any such license or
penalty or the penal provision 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.
ADOPTED this ]9th day of
the following vote:
November , 1979, by
AYES:
COUNCILDiEN: Bricken, Luxembourger, Markel, Serrato, Ward
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Griset, Serrato
ATTEST:
APPROVED AS TO FORM:
~OW, City Attorney
MAYOR