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HomeMy WebLinkAboutNS-1654REL:jd 7/19/82 ORDINANCE NO. NS-1654 AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING SECTIONS 41-73 AND 41-201 OF THE SANTA ANA MUNICIPAL CODE AND ADDING SECTIONS 41-192.1, 41-192.2, 41-192.3, 41-192.4 AND 41-192.5 THERETO, TO PROVIDE FOR THE REGULATION OF HOME OCCUPATIONS THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1: That Section 41-73 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 41-73. Home occupation. A home occupation is a business conducted within a dwelling, or within buildings or areas accessory to a dwelling, by the occupant of the dwelling as a secondary use. SECTION 2: That the Santa Ana Municipal Code is hereby amended by adding a section, to be numbered 41-192.1, which said section reads as follows: Sec. 41-192.1 Accessory use of dwellings for home occupations. A home occupation is permitted as a use accessory to residential use, provided that it is conducted in compliance with the regulations set forth in Section 41-192.2, that a permit has been obtained and remains in effect in accordance with Sections 41-192.3 through 41-192.5, and that any business license required by Chapter 21 of this Code has been obtained. SECTION 3: That the Santa Ana Municipal Code is hereby amended by adding a section, to be numbered 41-192.2, which said section reads as follows: Sec. 41-192.2 Regulation of home occupations. No person shall conduct any home occupation in violation of any of the following regulations: (a) There shall be no signs or other devices identifying or advertising the home occupation. ORDINANCE NO. NS- 1654 Page two (b) There shall be no sales activity, either whole- sale or retail, except mail order sales. (c) There shall be no work, storage, or display outside of any fully enclosed structure. (d) Nothing associated with the home occupation shall alter the residential character of the subject property or nearby residential property. (e) There shall be no activity which involves frequent meetings or gatherings of any kind such as may gen- erate traffic and parking congestion, noise, or disturbances beyond that which is normal to residential use. (f) There shall be no use of any mechanical equip- ment, appliance, or motor outside of an enclosed building or which generates noise detectable from outside the building in which it is located. (g) Only one home occupation shall be conducted on the subject property. (h) No more than two persons shall be engaged in the conduct of the home occupation. (i) There shall be no dispatching of persons or equipment from the subject property. (j) No vehicle used primarily in the conduct of the business shall be parked or stored on the public street nor anywhere on the subject property other than an enclosed garage. (k) Home occupation activities shall not involve the use of more than one room or 400 square feet of a dwelling, whichever is more restrictive, and no garage space shall be used for the conduct of any home occupation which interferes with the use of such space for parking of vehicles, if such use for parking of vehicles is necessary to satisfy the off- street parking requirements of this Chapter. SECTION 4: That the Santa Ana Municipal Code is hereby amended by adding a section, to be numbered by adding a section, to be numbered 41-192.3, which said section reads as follows: ORDINANCE NO. NS-1654 Page three Sec. 41-192.3 Home occupation permit. No person shall conduct a home occupation without having first obtained a home occupation permit from the zoning administrator. Applications for such a permit shall be filed by the occupant of the dwelling with the zoning administrator on such forms as may be provided by the zoning administrator and shall be accompanied by such filing fee as may be set by resolution of the City Council. The application shall provide such information and documentation as the director of planning and development services shall, by departmental regulation, determine to be appropriate. The zoning administrator shall issue the home occupation permit if he determines that the home occupation will be conducted in accordance with Section 41-192.2 and will not adversely affect the residential character of the subject property or nearby residential properties; otherwise, he shall deny the application. The permit, if granted, shall specifically identify the occupant as permittee and describe the nature of the home occupation thereby allowed. Home occupation permits shall not be transferrable by the designated permittee to any other person. SECTION 5: That the Santa Ana Municipal Code is hereby amended by adding a section, to be numbered 41-192.4, which said section reads as follows: Sec. 41-192.4 Home Occupation - Revocation. The zoning administrator may revoke a home occupation permit, after notice and an opportunity to be heard by the permittee, upon his determination that the home occupation is being conducted contrary to the regulations set forth in Section 41-192.2 or in a manner which adversely affects the residential character of the subject property or nearby res- idential properties. SECTION 6: That hereby amended by adding which said section reads the Santa Ana Municipal Code is a section to be numbered 41-192.5, as follows: Sec. 41-192.5 Home Occupation - Appeals Any applicant for a home occupation permit whose application was denied by the zoning administrator, and any permittee whose permit was revoked by the zoning administrator, ORDINANCE NO. NS- 1654 Page four may, within ten (10) days following such decision, appeal such decision to the planning commission, in which event the decision of the zoning administrator shall be vacated and the planning commission shall determine whether to issue or revoke the permit in accordance with the standards set forth in Sections 41-192.3 or 41-192.4. The applicant or permittee shall be given at least five (5) days prior written notice by the zoning administrator of the time and place at which the planning commission will consider the application or revocation and shall be provided an opportunity to be heard by the planning commission prior to its decision being made. The zoning administrator or the planning commission may provide such other notice of a hearing on the matter as they deem appropriate. An appeal pursuant to this section shall be filed in writing by the applicant or permittee with the zoning administrator and shall be accompanied by a fee equal to one-half of the original application fee. The decision of the planning commission shall be final with no further right of appeal. Written statements of such decision shall be filed with the clerk of the council and the zoning administrator, and mailed to the applicant or permittee. SECTION 7: That Section 41-201 of the Santa Ana Municipal Code is amended to read as follows: Sec. 41-201 Uses permitted. (a) Farming, including all types of crop agriculture and horticulture, grazing, small animal farms, and similar types of farming, except: (1) Hog and commercial livestock feeding ranches (reference sub-section (h) (7D; and (2) Farms operated publicly or privately for the disposal of garbage, sewage, rubbish or offal. (b) Parks, playgrounds and recreation buildings of a public or quasi-public character, golf courses, country clubs and other similar uses. (c) Accessory buildings, structures and uses, including one unlighted bulletin board or sign not exceeding ORDINANCE NO. NS-1654 Page five an aggregate area of twenty (20) square feet, bearing official notices only, or pertaining only to the sale of agricultural or farm products grown, or principal products or principal services rendered upon the premises, or advertising the lease, hire or sale of the particular property upon which said bulletin board or sign is located. (d) Temporary stands for the sale of agricultural or farming products grown or produced on the premises shall be permitted as accessory uses upon the following conditions: (1) When placed for a period of more than ninety (90) days, plans shall be sub- mitted to and approved by the planning commission; (2) The floor area of such stand shall not exceed one hundred (100) square feet; (3) The owner shall remove such stand at his own expense when not in use; (4) The stand shall not be located closer than twenty (20) feet from any public right-of-way. (e) One (1) single-family dwelling, detached guest home and employees' quarters, all of a permanent character; a density of one (1) dwelling unit for each six thousand (6,000) square feet of lot area shall be permitted provided the lot has an area of one-half (1/2) acre or less. (f) Temporary directional signs. (g) The following additional uses, subject to the issuance of an approved conditional use permit as prescribed in Article V of this chapter: (1) Public utility buildings and structures, including electric distribution and transmission substations; (2) Cemeteries, mausoleums and crematories; ORDINANCE NO. NS- 1654 Page six (3) (4) (5) (6) (7) (8) (9) (10) Mining, quarrying and other earth ex- traction industries; Commercial or public airports and landing fields; Private airplane landing fields; Commercial dairies having herds of more than five (5) head; Commercial stables and riding academies; Feed mills; Packing plants for whole agricultural products; Commercial egg production, candling and sales; commercial production of poultry, piegeons and other fowl. Commercial pro- duction of these products if produced, raised or fattened on the premises, pro- vided that any poultry, pigeon or rabbit enclosure, slaughtering building or place, shall be at least fifty (50) feet from any existing dwelling or milk handling facility of a dairy; (11) Apiaries, upon the following conditions; (i) No occupied hives to be closer than one hundred fifty (150) feet to any street or highway right-of-way; (ii) No occupied hives to be closer than four hundred (400) feet to any existing dwelling on the premises or the premises of another apiary; (iii) No occupied hives to be closer than fifty (50) feet to any property line common to other property lines other than property lines of another apiary; ORDINANCE NO. NS- 1654 Page seven 12) Churches, public institutions, public and parochial schools and colleges and hospitals; 13) Trailer park or camp; 14) Family care homes, foster homes, and group homes which are required to be considered residential uses of property for zoning pur- poses pursuant to Sections 5115 and 5116 of the Welfare and Institutions Code of the State of California, other than homes which by state license are limited to providing care for not more than two (2) persons. 15) Kennels. SECTION : 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 unconsti- tutional. SECTION 9: 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 ORDINANCE NO. Page eight NS- 1654 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 deposit pursuant to any ordinance and all rights and obligations thereunder apper- taining shall continue in full force and effect. ADOPTED this tst day of ~ng~mh~m , 1982. ATTEST: NICE C. GUY, erk of the CouhciF COUNCILMEMBERS Bricken Aye 'Luxembourger Acosta AyE Serrato Aye Griset Aye Markel McGuigan APPROVED AS TO FORM: · DWAR J./C gP ' City Attdrne~--