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4/18/80
ORDINANCE NO. NS-1532
AN ORDINANCE OF THE CITY OF SANTA ANA
AMENDING SECTIONS 41-77, 41-103, 41-259,
41-365, 41-395, 41-424, 41-442 41-617(d),
41-617(e), 41-617(f), AND 41-6~7(g) ADDING
SECTION 41-41.5, AND REPEALING SECTIONS
41-27, 41-32, 41-44 AND 41-144, TO REQUIRE
A CONDITIONAL USE PERMIT FOR LODGING HOUSES,
HOTELS, MOTELS. CARE HOMES, FRATERNITY HOUSES
AND SORORITY HOUSES.
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES
ORDAIN AS FOLLOWS:
SECTION 1: That the Santa Ana Municipal Code,
is amended by adding a section, to be numbered 41-41.5,
which said section reads as follows:
Sec. 41-41.5. Care home.
A care home is any facility, place, or building,
social rehabilitation facility or similar facility which is
maintained and operated to provide living accommodations for
and 24-hour nonmedical care to persons in need of personal
services, supervision, assistance, guidance, or training
essential for sustaining the activities of daily living or
for the protection of the individual, such as the elderly,
convalescents, invalids, dependent or neglected children, or
physically handicapped, mentally impaired or incompetant
persons.
SECTION 2: That section 41-77 of the Santa Ana
Municipal Code, is hereby amended to read as follows:
Sec. 41-77. Hotel.
A hotel is any building, or portion of a building,
other than a care home or motel, containing more than five
guest rooms, or containing guest rooms which are ~sed by
more than five guests in total, where lodging which does not
include an individual kitchen, but which may or may not
include the provision of meals, is provided for compensation.
SECTION 3: That section 41-27 of the Santa Ana
Municipal Code, is amended to read as follows:
Sec. 41-103. Lodging house.
A lodging house is any building, or portion of a
building, other than a care home or motel, containing not
more than five guest rooms which are used by not more than
five guests in total, where lodging which does not include
an individual kitchen, but which may or may not include the
provision of meals, is provided for compensation; except
that the rental of a room in a residential dwelling unit to
not more than one person in addition to the family in occupancy
of such dwelling shall be permitted as an incidental subordinate
residential use of such dwelling, and shall not be deemed to
constitute use of such dwelling as a boarding house.
SECTION 4: That sections 41-27, 41-32, 41-44
and 41-144 of the Santa Ana Municipal Code, are hereby
repealed.
ORDINANCE NO. NS-1532
PAGE TWO
SECTION 5: That section 41-259 of the Santa
Ana Municipal Code, is amended to read as follows:
Sec. 41-259. Uses permitted.
Permitted uses are:
(a) Ail uses unconditionally permitted in the Ri
and R2 Districts.
(b) Multiple-family dwellings and apartments of a
permanent character in permanent locations.
(c)
Day nurseries, when there is provided on
the lot or adjacent to the premises a play
lot completely fenced and containing not less
than fifty (50) square feet of area for each
child.
(d~ Accessory buildings.
(e)
The following uses, subject to the issuance
of an approved conditional use permit as
prescribed in article V of this Chapter:
(1) Lodging houses and care homes;
(2) Clubs;
(3) Sanitariums and hospitals;
(4) Any use conditionally permitted in the
Ri and R2 Districts;
(5) Condominiums and condominium conversions.
(6) Fraternity houses and sorority houses.
SECTION 6: 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
consumption 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).
ORDINANCE NO. NS-1532
PAGE THREE
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
Buildings of public assemblage limited
to churches, chapels, mortuaries and
theaters.
Clubs, fraternal organizations and
unions.
Hospitals, clinics, sanitariums, including
animal hospitals.
Nurseries.
Gymnasiums, outdoor miniature golf
courses, regulation golf courses and
driving ranges.
Public buildings and public utility
structures including electric distribution
and transmission substations.
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.
Schools and studios operated for commercial
and public purposes.
Day nurseries.
Signs as follows:
(±)
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.
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.
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 (7) hereinabove.
(iv) Temporary directional signs.
(v) Adult bookstores.
ORDINANCE NO. NS-1532
PAGE FOUR
(vi)
Dwelling units when erected above
the ground floor of a commercial
structure when the ground floor is
devoted exclusively to nonresidential
use.
(vii) Hotels, motels, lodging
houses, care homes, fraternity
houses, and sorority houses.
SECTION 7: 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.
(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.
(4)
Hotels,
homes,
houses.
motels~kodging houses, care
fraternity houses and sorority
SECTI~ON 8: 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 the following uses shall require the
issuance of an approved conditional use permit:
(1) Adult bookstores
(2)
Hotels, motels, lod~ng houses, care
homes, fraternity houses and sorority
houses.
SECTION 9: 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.
ORDINANCE NO. NS-1532
PAGE FiVE
(b)
(c)
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.
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.
(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)
Miniature golf courses but excluding all
other outdoor recreational facilities
including carnivals and circuses.
(6)
Public buildings and public utility
structures including electric distribution
and transmission substations.
(.7)
Restaurants, cafes, and drive-in eating
establishments; provided that no such
establishment may be used for the sale
of sell alcoholic beverages for either
on-site or off-site consumption without
a minor exception permit.
(8)
Schools and studios operated for commercial
and public purposes.
(9) Day nurseries.
(10) Signs permitted in the C-1 district.
(11)
The printing, publishing and circulation
of a newspaper, including plant and
office.
(12)
The following uses, subject to the
issuance of an approved conditional use
permit:
(a) Adult bookstore
(b)
Hotels, motels, and lodging houses,
care homes, fraternity houses and
sorority houses.
ORDINANCE NO. NS-1532
PAGE ~$IX
(c)
Dwelling units when erected above
the ground floor of a commercial
structure when the ground floor is
devoted exclusively to nonresidential
uses.
(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 10: 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),
and subject to subsection (b) hereinbelow:
(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.
(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.
(b)
The following uses are permitted subject to
the issuance of an approved conditional use
permit:
(1) Adult bookstores.
(2) Condominiums and condominium conversions
for residential purposes.
(3)
Hotels, motels, lodging houses, care
homes, fraternity houses, and sorority
houses.
(4)
Service stations, if integrated into a
larger development site and accessible
only by limited access ways serving the
larger site as a whole.
ORDINANCE NO. NS-1532
PAGE SEVEN
SECTION 11: That section 41-617(d) of the Santa
Ana Municipal Code, is hereby amended to read as follows:
Sec. 41-617(d). Care homes.
One parking space for each two beds or one parking
space for each two hundred (200) square feet of sleeping
room, whichever is greater, shall be provided for care
homes.
SECTI~ON 12. That section 47-617(e) of the Santa
Ana Municipal Code, is amended to read as follows:
Sec. 41-617(e) Lodging houses.
One parking space for each guest room or one
parking space for each one hundred fifty (150) square feet
of sleeping area, whichever is greater, shall be provided
for lodging houses.
SECTION 13: That section 41-617(f) of the Santa
Ana Municipal Code, is amended to read as follows:
Sec. 41-617(f).
Fraternity houses, etc.
One parking space for each two (2) beds or one
space for each one hundred (100) square feet of sleeping
room, whichever is greater, shall be provided for fraternity
houses, sorority houses, dormitories and residential clubs.
SECTION 14. That section 41-617(g) of the Santa
Ana Municipal Code, is amended to read as follows:
Sec. 41-617(g). Hotels
One parking space for each of the first five guest
rooms and one parking space for each two (2) guest rooms
beyond the first five, plus one parking space for each three
(3) employees shall be provided for hotels.
SECTION 15: 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 16: 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
~iolations 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
ORDINANCE NO. NS-1532
PAGE EIGHT
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 16th day of June , 1980,
by the following vote:
AYES:
NOES:
COUNCILMEN:
COUNCILMEN:
BRICKEN, GRISET, LUXEMBOURGBR, MARKEL,
SERRATO, YA~I~TO
NONE
ABSENT: COUNCIIJ4EN: WARD
ATTEST:
APPROVED AS TO FORM:
City Attorney