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HomeMy WebLinkAboutNS-1732ORDINANCE NO. NS- 1732 REL:adg 4/24/84 AN ORDINANCE AMENDING CHAPTER 41 OF THE SANTA ANA MUNICIPAL CODE TO REVISE THE LISTINGS OF USES PERMITTED AND THE USES SUBJECT TO A CONDITIONAL USE PERMIT IN THE VARIOUS ZONING DISTRICTS AND TO REVISE THE STANDARDS FOR APPROVAL OF CONDITIONAL USE PERMITS. THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1: That the Santa Ana Municipal Code is hereby amended by adding a Section, to be numbered 41-142, which said section reads as follows: Sec. 41-142. Recreational or entertainment uses. Recreational or entertainment uses include any use of prop- erty for the purpose of providing recreation or entertainment to the public for compensation, including, but not limited to, carnivals, circuses, amusement parks, golf course, bowling alleys, billiard parlors, pool halls, sports stadiums, dance halls, and game arcades; provided, however, that the use of less than five percent (5%) of the floor space of that part of a building which is open to the public for mechanical or electronic games shall not be considered a recreational or service use. SECTION 2: That the Santa Ana Municipal Code is hereby amended by adding a section, to be numbered 41-144, which said section reads as follows: Sec. 41-144. Retail and service uses. Retail and service uses include any use of property for the purpose of offering merchandise or services to the public for com- pensation, and include banks, savings and loan associations, and similar financial institutions, but does not include the following: (a) Sheet metal shops, body-fender works, automobile paint shops, 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. ORDINANCE NO. NS- 1732 PAGE TWO (b) Any use which is more specifically identified as a permitted use or as a use which may be permitted subject to the issuance of a conditional use permit in one or more use districts pursuant to Article III of this Chapter. SECTION 3: That Section 41-193 of the Santa Ana Municipal ~ode is hereby repealed. SECTION 4: That the Santa Ana Municipal Code is hereby amended by adding a section, to be numbered 41-195.5, which said section reads as follows: Sec. 41-195.5. Temporary outdoor activities. Notwithstanding any other provision of this Chapter, the following activities may be conducted in any Cl, C2, C3, C4, C5, CD, M1 or M2 district and are not required to be carried on within an enclosed building, provided they are carried on in accordance with the limitations hereinafter set forth, and provided a land use certificate is first obtained in accordance with section 41-675 through 41-677: (a) Bazaars, fiestas and fund-raising events, provided the activities do not occur on the same lot more frequently than six (6) days in any one-year period, do not continue on the same lot for more than three (3) successive days, do not begin earlier than 10:00 a.m. on any day other than Sunday or 12:00 p.m. on Sunday, and do not continue past 10:00 p.m. on any day other than Sunday or 9:00 p.m. on Sunday. (b) Rummage sales, swap meets, and sidewalk or parking lot sales, provided the activities do not occur on the same lot more frequently six (6) days in any one-year period and do not continue on the same lot for more than two (2) successive days. (c) Sales from vehicles during the period November 25 to December 25 carried on with the permission of the owner or tenant in possession of the property on which the vehicle is parked. ORDINANCE NO. NS- 1732 PAGE THREE activities (1) day in 8:00 a.m., (d) Mobile medical and veterinary units, provided are not conducted on the same lot for more than one any one (1) year period, do not begin earlier than and do not continue past 5:00 p.m. (e) Outdoor auctions, provided that activities are not conducted on the same lot more frequently than four (4) days in any one-year period, do not begin earlier than 8:00 a.m., and do not continue past 5:00 p.m. (f) Carnivals, circuses, and outdoor music concerts, provided that the activities are not conducted on the same lot for more than five (5) days in any one-year period. (g) Outdoor stationary sales booths. SECTION 5: That Section 41-201 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 41-201. Uses permitted in the A1 district. The following uses are permitted in the A1 district: (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; 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. (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 submitted to and approved by the planning commission; (2) The floor area of such stand shall not exceed one hundred (100) square feet; ORDINANCE NO. NS- 1732 (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) one-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. SECTION 6: That the Santa Ana Municipal Code is hereby 'amended by adding a section, to be numbered 41-201.5, which said section reads as follows: 41-201.5. Uses subject to a conditional use permit in the A1 district. The following uses may be permitted in the A1 district subject to the issuance of a conditional use permit: (a) lng electric (b) (c) industries; Public utility buildings and structures, distribution and transmission substations; Cemeteries, mausoleums and crematories; Mining, quarrying and other earth extraction includ- (d) Commercial or public airports and landing fields; five (e) (f) (5 head; (g) Private airplane landing fields; Commercial dairies having herds of more than Commercial stables and riding academies; (h) Feed mills; (i) Packing plants for whole agricultural products; (j) Commercial egg production, candling and sales; commercial production of poultry, pigeons and other fowl. Com- mercial production of these products if produced, raised or fattened on the premises, provided that any poultry, pigeon or rabbit enclosure, slaughtering building or place, shall be at least fifty (50) feet from any existing dwelling or milk hand- ling facility of a dairy; ORDINANCE NO. NS- 1732 PAGE FIVE (k) Apiaries, upon the following conditions: (1) No occupied hives to be closer than one hundred fifty (150) feet to any street or highway right-of-way; (2) No occupied hives to be closer than four hundred (400) feet to any existing dwelling on the premises or the premises of another apiary; (3) No occupied hives to be closer than fifty (50) feet to any property lines common to other property lines other than property lines of another apiary; (1) Churches, public institutions, public and paro- chial schools and colleges and hospitals; (m) Trailer park or camp; (n) Kennels. SECTION 7: That Section 41-217 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 41-217. Uses permitted in the RE district. The following uses are permitted in the RE district: (a) One (1) one-family dwelling. (b) Private greenhouses and horticulture collections for domestic, noncommercial use, flower and vegetable gardens, fruit trees o~ any agricultural crops. (c) Accessory buildings. SECTION 8: That the Santa Ana Municipal amended bY adding a section, to be numbered said section reads as follows: Code is hereby 41~217.5, which ORDINANCE NO. Ns-l?32 PAGE SIX Sec. 41-217.5. Uses subject to a conditional use permit in the RE district. The following uses may be permitted in the RE district subject to the issuance of a conditional use permit: (a) Churches and accessory church buildings. (b) Public grade schools, colleges and universities which may include: Dormitories, libraries, museums, university union buildings and art galleries when owned and operated by governmental agencies or the university. (c) Private schools and colleges except said private schools and colleges shall not include trade schools operated by governmental agencies or the university. (d) Parks and playgrounds not operated for commercial purposes. (e) Public utility buildings and structures including electric distribution and transmission substations. (f) Golf courses specifically excluding miniature and pitch and putt golf courses and driving ranges. SECTION 9: That Section 41-232 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 41-232. Uses permitted in the Ri district. The following uses are permitted in the RI district: (a) If on April 20, 1939, there did exist on the rear half of a lot a one-family dwelling, an additional one- family dwelling may be erected on the front half of such lot; this provision shall not apply to any lot considered sub- standard under the provisions of this Code. (b) One (1) one-family dwelling for each six thou- sand (6,000) square feet of lot area shall be permitted provided the lot has an area of one-half (1/2) acre or less. ORDINANCE NO. NS- 1732 PAGE SEVEN (c) Private greenhouses and horticultural collections for domestic noncommercial use, flower and vegetable gardens, fruit trees and any agricultural crop. (d) One (1) temporary real estate office the sale of real estate in the tract in which it is use shall be for a period of time not to exceed one devoted to located, which (1) year. (e) Accessory buildings. SECTION 10: That the Santa Ana Municipal Code is hereby amended by adding a section, to be numbered 41-232.5, which said section reads as follows: Sec. 41-232.5. Uses subject to a conditional use permit in the RI district. The following uses may be permitted in the Ri district subject to the issuance of a conditional use permit: (a) Churches and accessory church buildings. (b) Public schools, colleges and universities which may include on the campus: Dormitories, libraries, museums, university union buildings and art galleries, which are owned and operated by the university. (c) Private schools and colleges except said private schools and colleges shall not include trade schools, business colleges, or private schools operated as commercial enterprises. (d) Public buildings and public utility buildings and structures, including electric distribution and transmission substations. (e) Golf courses, excluding miniature golf courses, pitch and putt courses and driving ranges. (f) Day nursery, nursery schools. ORDINANCE NO. NS- 1732 PAGE EIGHT SECTION 11: That Section 41-247 of the Santa Ana Municipal ~ode is amended to read as follows: Sec. 41-247. Uses permitted in the R2 district. The following uses are permitted in the R2 district: (a) Ail uses permitted in the Ri district pursuant to section 41-232. (b) One-family dwellings and/or two-family dwellings (duplexes) with a density of one (1) dwelling unit for each three thousand (3,000) square feet of lot area, provided the lot has an area of not less than 6000 square feet and not more than one-half (1/2) acre. The one-family units must be erected as detached buildings or connected by a carport or breezeway, provided all requirements of the R2 district are complied with for all buildings. The distance between detached dwellings shall not be less than fifteen (15) feet. (c) Parking lots, provided that the parking lot is used for off-street parking incidental to a commercial use located on an adjacent parcel zoned for commercial or industrial uses, and provided the parking lot is developed and maintained in accordance with a site plan approved pursuant to section 41-252(b). SECTION 12: That the Santa Ana Municipal Code is hereby amended by adding a section, to be numbered 41-247.5, which said section reads as follows: Sec. 41-247.5. Uses subject to a conditional use permit in the R2 district. Any use which may be permitted in the Ri district subject to the issuance of a conditional use permit pursuant to section 41-232.5 may likewise be permitted in the R2 district subject to the issuance of a conditional use permit. ORDINANCE NO. NS-1732 PAGE NINE SECTION 13: That Section 41-259 of Code is amended to read as follows: to (b) (c) or adjacent to containing not the Santa Ana Municipal Sec. 41-259. Uses permitted in the R3 district. The following uses are permitted in the R3 district: (a) All uses permitted in the R2 district pursuant section 41-247. Multiple-family dwellings. Day nurseries, when there is provided on the lot the premises a play lot completely fenced and less area than required by State standards. SECTION 14: That the Santa Ana Municipal Code is hereby amended by adding a section, to be numbered 41-259.5, which said section reads as follows: Sec. 41-259.5. Uses subject to a conditional use permit in the R3 district. The following uses may be permitted in the R3 district subject to the issuance of a conditional use permit: (a) Any use which may be permitted in the R2 district subject to the issuance of a conditional use permit pursuant to section 41-247.5. (b) Lodging houses, care homes, fraternity houses, and sorority houses. (c) Sanitariums and hospitals. SECTION 15: That Section 41-274 of the Santa Ana Municipal Code is amended to read as follows: Sec. 41-274. Uses permitted in the R3H district. All uses permitted in the R3 district pursuant to section 41-259 are likewise permitted in the R3H district. ORDINANCE NO. NS- 1732 PAGE TEN SECTION 16: That the Santa Ana Municipal Code is hereby amended by adding a section, to be numbered 41-274.5, which said section reads as follows: Sec. 41-274.5. Uses subject to a conditional use permit in the R3H district. The following uses may be permitted in the R3H district subject to the issuance of a conditional use permit: (a) Any use which may be permitted in the R3 district subject to the issuance of a conditional use permit pursuant to section 41-259.5. (b) Hotels and motels. SECTION 17: That Section 41-292 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 41-292. Uses permitted in the R4 district. The following uses are permitted in the R4 district: (a) Bungalow courts. (b) Apartment houses. (c) One (1) permanent resident manager's office devoted solely to the rental of the dwelling units on the same parcel provided said office and surrounding grounds retain a residential character; (d) Accessory buildings. SECTION 18: That the Santa Ana Municipal amended by adding a section, to be numbered said section reads as follows: Code is hereby 41-292.5, which Sec. 41-292.5. Uses subject to a conditional use permit in the R4 district. ORDINANCE NO. NS- 1732 PAGE ELEVEN The following uses may be permitted in the R4 district subject to the issuance of a conditional use permit: subject section (a) Any use that may be permitted in the Ri district to the issuance of a conditional use permit pursuant to 41-232.5. (b) Care homes. SECTION 19: That Section 41-313 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 41-313. Uses permitted in the P district. The following uses are permitted in the P district: (a) The (1) (2) (3) following professional uses: Accountant. Attorney. Doctor, dentist, optometrist, chiropractor, and others practicing the healing arts for human beings (4) Engineer, architect, and planner. (5) Insurance broker and real estate agent. (6) Professional photographer not engaged in the sale of photographic equipment and supplies. (b) Business offices where no merchandise is sold. (c) Parking of motor vehicles, except that no cars either new or used shall be stored for sale or offered for sale or parked when such car bears signs, words, or figures indicat- ing that the same may be for sale, and no hydrocarbon substance or other property of any kind may be sold and no automobile serviced or repaired. ORDINANCE NO. NS- 1732 PAGE TWELVE SECTION 20: That the Santa Ana Municipal Code is hereby amended by adding a section, to be numbered 41-313.5, which said section reads as follows: Sec. 41-313.5. Uses subject to a conditional use permit in the P district. The following uses may be permitted in the P district subject to the issuance of a conditional use permit: (a) Any use which may be permitted in the R3H district subject to the issuance of a conditional use permit pursuant to section 41-259.5. (b) Dwelling units located above the ground floor of a building. SECTION 21: That Section 41-327 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 41-327. Uses permitted in the LP district. The following uses are permitted in the LP district: (a) Professional, administrative and business offices where no merchandise is sold. (b) Parking of motor vehicles in connection with any professional use for private parking, except that no cars, new or used, shall be stored for sale, or offered for sale, or parked when such cars bear signs, words, or figures indicating that the same may be for sale; no hydrocarbon substance or other property of any kind may be sold in said district and no automobile may be serviced or repaired in said district. ORDINANCE NO. NS- 1732 PAGE THIRTEEN SECTION 22: That the Santa Ana Municipal Code is hereby amended by adding a section, to be numbered 41-327.5, which said section reads as follows: Sec. 41-327.5 Uses subject to a conditional use permit in the LP district. The following uses may be permitted in the LP district subject to the issuance of a conditional use permit: (a) Churches and accessory church buildings. (b) Hospitals and clinics, but excluding mental hospitals. SECTION 23: That Section 41-343 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 41-343. Uses permitted in the CD district. The following uses are permitted in the CD district: (a) All uses permitted in the P district pursuant to section 41-313. (b) (c) (d) with the restrictions and limitations specified for in the R3H district. Retail and service uses. Restaurants and cafes. Multi-Family dwellings, provided they comply such use SECTION 24: Code is hereby That Section 41-365 of the Santa Ana Municipal amended to read as follows: Sec. 41-365. Uses permitted in the C1 district. The following uses are permitted in the C1 district: (a) Retail and service uses. (b) Professional, administrative and business offices. (c) Automobile parking lots and parking structures. ORDINANCE NO. NS- 1732 PAGE FOURTEEN (d) Automobile sales, but excluding truck, tractor and boat sales. trailer, (e) Churches and accessory church buildings (f) Mortuaries (g) Theaters (h) Hospitals, clinics, and sanitariums (i) Animal hospitals and veterinaries (j) Plant nurseries (k) Gymnasiums (1) Golf courses, both regulation and miniature, and driving ranges. (m) Public utility structures, including electric distribution and transmission substations. (n) Restaurants, cafes, establishments. (o) Schools and studios public purposes. (p) Day nurseries (q) Service stations and drive-in eating operated for commercial or SECTION 25: That the Santa Ana Municipal Code is hereby amended by adding a section, to be numbered 41-365.5, which said section reads as follows: Sec. 41-365.5. Uses subject to a conditional use permit in the C1 district. ORDINANCE NO. NS-1732 PAGE FIFTEEN The following uses may be permitted in the C1 district subject to the issuance of a conditional use permit. (a) Clubs (b) Outdoor and indoor recreational or entertain- ment uses other than those set forth in section 41-365. (c) Hotels, motels, lodging houses, care homes, fraternity houses and sorority houses. SECTION 26: That Section 41-366 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 41-366. Operational standards in the C1 district. (a) Ail business activities in the C1 district shall be conducted and located within an enclosed building, except as otherwise provided in section 41-194, and except that the following business activities, to the extent permitted under section 41-365 and section 41-365.5, may be conducted outside of an enclosed building: (1) Plant nurseries (2) Automobile sales and parking lots (3) Recreational or entertainment uses (b) Storage of goods and supplies shall be limited to those sold at retail on the premises or utilized in the course of business. (c) Public utility electric distribution and trans- mission substations shall be screened by a fence at least six feet high, except as restricted by sections 36-45, 36-46, and 36-47 of this Code. (d) No sales shall be made directly from a building to persons on a public sidewalk, either through a window or similar opening or by means of any coin-operated device. ORDINANCE NO.: NS-1732 PAGE SIXTEEN SECTION 27: That Section 41-377 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 41-377. Uses permitted in the C2 district. The following uses are permitted in the C2 district. (a) All uses which are permitted in the C1 district pursuant to section 41-365. (b) Automotive garages including body and fender repair, painting, and engine replacement. (c) Blueprinting, photo-engraving, including all types of reproduction processes. (d) Enclosed storage, except mini-warehouses. (e) Equipmental rental yards for light machinery. (f) Metal shops. (g) Tire recapping. (h) Wholesale establishments as follows: (1) Automotive equipment, including parts and supplies for machinery. (2) Drugs, chemicals and allied products ex- cluding 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. Truck, trailer, tractor and boat sales. Research institutions and laboratories. (i) (j) ORDINANCE NO. NS-1732 PAGE SEVENTEEN SECTION 28: That the Santa Ana Municipal Code is hereby amended by adding a section, to be numbered 41-377.5, which said section reads as follows: Sec. 41-377.5. Uses subject to a conditional use permit in the C2 district. The following uses may be permitted in the C2 district sub- ject to the issuance of a conditional use permit: (a) Any use which may be permitted subject to the issuance of a conditional use permit in the C1 district pursuant to section 41-365.5. (b) Open-air markets, swap meets, and fairgrounds (c) Open-air car washes (d) Trailer parks and camps (e) Thrift shops, food distribution centers, and counselling service establishments operated by non-profit or government-subsidized organizations or by public agencies. SECTION 29: That Section 41-378 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 41-378. Operational standards in the C2 district. (a) Ail business activities in the C2 district shall be conducted and located within an enclosed building, except as otherwise provided in section 41-194, and except that the following business activities, to the extent permitted under section 41-377 and section 41-377.5, may be conducted outside of an enclosed building: (1 (2 (3 (4 (5 (6 Plant nurseries. Automobile sales and parking lots. Recreational or entertainment uses. Light equipment rental. Truck, trailer, tractor and boat sales Open-air markets, swap-meets, and fairgrounds. ORDINANCE NO. NS- 1732 PAGE EIGHTEEN (7) Open-air car washes (8) Trailer parks and camps (b) No sales shall be made directly from a building to persons on a public sidewalk, either through a window or similar opening or by means of a coin-operated device. SECTION 30: That Section 41-395 of the Santa Ana Municipal Code is amended to read as follows: Sec. 41-395. Uses permitted in the C3 district. All uses which are permitted in the C2 district pursuant to section 41-377 are likewise permitted in the C3 district. SECTION 31: That the Santa Ana Municipal Code is hereby amended by adding a section, to be numbered 41-377.5, which said section reads as follows: Sec. 31-395.5. Uses subject to a conditional use permit in the C3 district. Any use which may be permitted in the C1 district subject to the issuance of a conditional use permit pursuant to section 41-365.5 may likewise be permitted in the C3 district subject to the issuance of a conditional use permit. SECTION 32: That Section 41-396 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 41-396. Operational standards in the C3 district. (a) Ail business activities in the C3 district shall be conducted or located within an enclosed building, except as otherwise provided in section 41-194, and except that the follow- ing business activities, to the extent permitted under section 41-395 and section 41-395.5, may be conducted outside of an enclosed building. ORDINANCE NO. NS- 1732 PAGE NINETEEN (1) 2) 3) Plant nurseries. Automobile sales and parking lots. Light equipment rental. 4) Truck, trailer, tractor, and boat sales. 5) News stands. 6) Flower stands. 7) Recreational or entertainment uses. (b) No sales shall be made directly from a building to persons on a public sidewalk, either through a window or similar opening or by means of a coin-operated device. SECTION 33: That Section 41-412 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 41-412. Uses permitted in the C4 district. Ail uses permitted in the C1 district pursuant to section 41-365 are likewise permitted in the C4 district. SECTION 34: That the Santa Ana Municipal Code is hereby amended by adding a section, to be numbered 41-412.5, which said section reads as follows: Sec. 41-412.5. Uses subject to a conditional use permit in the C4 district. Hotels, motels, lodging houses, care homes, fraternity houses and sorority houses may be permitted in the C4 district subject to the issuance of a conditional use permit. ORDINANCE NO. NS-1732 PAGE TWENTY SECTION 35: That Section 41-413 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 41-413. Operational standards in the C4 district. (a) Ail business activities in the C4 district shall be conducted or located within an enclosed building, except as otherwise provided in section 41-194, and except that the follow- ing business activities, to the extent permitted under sections 41-412 and 41-412.5 may be conducted outside of an enclosed building: (1) News stands. (2) Flower stands. (3) Plant nurseries. (4) Automobile sales and parking lots. (5) Recreational or entertainment uses. (b) There shall be no manufacturing, processing, compounding, assembling or treatment of any material or product other than that which is clearly incidental to a particular retail enterprise, and where such goods are sold on the premises. SECTION 36: That Section 41-415 of the Santa Ana Municipal Code is hereby repealed. SECTION 37: That Section 41-424 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 41-424. Uses permitted in the C5 district. The following uses are permitted in the C5 district: ORDINANCE NO. NS- 1732 PAGE TWENTY-ONE or storage whether new or used. (a) Administrative and professional offices. (b) Retail and service uses. (c) Automobile parking lots, but excluding the sale of automobiles, trucks, trailers, boats, or tractors, Churches, chapels, mortuaries, Government buildings. Restaurants and cafes, and theaters. (d) (e) (f) in section 41-424.5. (g) Schools public purposes. newspaper, other than those specified and studios operated for commercial or (h) Day nurseries. (i) The printing, publishing, and circulation of a including plant and office. (j) One-family and two-family dwellings, not exceeding one unit per three thousand (3,000) square feet of lot area, provided such units front on a secondary or local street. SECTION 38: That the Santa Ana Municipal Code is hereby amended by adding a section, to be numbered 41-424.5, which said section reads as follows: Sec. 41-424.5. Uses subject to a conditional use permit in the C5 district. (a) Hotels, motels, lodging houses, fraternity houses, and sorority houses. care homes, ORDINANCE NO. NS- 1732 PAGE TWENTY-TWO (b) Dwelling units when erected above the ground floor of .a commercial structure when the ground floor is devoted exclusively to nonresidential uses. (c) Hospitals. (d) Public utility structure~, including electric distribution and transmission substations. (e) Eating establishments with drive-through or walk-up window service. (f) Service stations and gasoline sales. (g) Car wash establishments, provided they are wholly enclosed. (h) Laundries and dry cleaning establishments. SECTION 39: That Section 41-442 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 41-442. Uses permitted in the CR district. The following uses are permitted in the CR district: (a) Retail and service uses. dwellings. (b) Professional offices. (c) One-family, two-family, and multiple-family (d) Resident managers' offices devoted solely to the rental of dwelling units on the site, provided that said office and surrounding grounds shall retain a residential character if located within residential areas. ORDINANCE NO. NS-1732 PAGE TWENTY-THREE SECTION 40: That the Santa Ana Municipal Code is hereby amended by adding a section, to be numbered 41-442.5, which said section reads 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: (a) Hotels, motels, lodging houses, care homes, fraternity houses and sorority houses. (b) 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. SECTION 41: That Section 41-472 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 41-472. Uses permitted in the Mi district. The following uses are permitted in the Mi district: (a) The compounding, processing, packaging or treat- ment 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, camel-back, canvass, 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; ORDINANCE NO. NS- 1732 PAGE TWENTY-FOUR (f) Planning mill; (g) Machine shop or other metal working shops; (h) The following nonindustrial uses: (1) Accessory commercial uses which are neces- sary yet incidental to any other permitted use under this section; (2) Laundry and dry cleaning establishments and dye works; (3) Government buildings and public utility buildings and electric distribution and transmission substations; (4) Research, experimental or study laboratories; (5) Service stations and garages; (6) Storage and warehousing, both open and enclosed, except mini-warehouses, and specifically prohibiting wrecking yards, junk yards and salvage yards; (7) Wholesale distributing plants; (8) Restaurants and employee cafeterias; (9) Administrative and professional offices; SECTION 42: That the Santa Ana Municipal Code is hereby amended by adding a section, to be numbered 41-472.5, which said section reads as follows: Sec. 41-472.5. Uses subject to a conditional use permit in the Mi district. The following uses may be permitted in the Mi district subject to the issuance of a conditional use permit: ORDINANCE NO. NS- 1732 PAGE TWENTY-FIVE (a) Any use which is permitted in the C2 district pursuant to section 41-377 and any use which may be permitted in the C2 district subject to the issuance of a conditional use permit pursuant to section 41-377.5. (b) Storage or temporary location of new or used buildings or houses. (c) Mini-warehouses. SECTION 43: That Section 41-489 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 41-489. Uses permitted in the M2 district. The following uses are permitted in the M2 district: (a) Any nonresidential use which is not prohibited by this Code and which is not included in section 41- 489.5. (b) Permanent quarters for a guard, custodian, or caretaker, when incidental to a permitted primary use. SECTION 44: That the Santa Ana Municipal Code is hereby amended by adding a section, to be numbered 41-489.5, which said section reads as follows: Sec. 41-489.5. Uses subject to a conditional use permit in the M2 district. The following uses may be permitted in the M2 district subject to the issuance of a conditional 'use permit: (a) Any use which may be permitted in the Mi district subject to the issuance of a Conditional use permit pursuant to section 41-472.5. (b) Acid manufacturing. (c) Junk yards, automobile wrecking yards and salvage yards, and impound yards. RDINANCE NO. NS- 1732 PAGE TWENTY-SIX (d) Cement, lime, gypsum or plaster of paris manufacture (e) Distillation of bones. (f) Explosives, manufacture or storage. (g) Fat rendering and refining. (h) Fertilizer manufacture. (i) Garbage, offal or dead animals rduction or dumping. (j) Gas manufacturing, including acetylene manufacture. (k) Glue manufacature. (1) Petroleum refining. (m) Smelting of tin, copper, zinc or iron ores. (n) Stockyards. (o) Slaughter of animals. (p) Tannery or the curing or storage of raw hides. (q) Kennels. (r) Sites for the disposal or dumping of rubbish, garbage, trash, or refuse. (s) Paper or aluminum recycling facilities. (t) Missions. (u) Tattoo parlors. (v) Any facility where payment is offered or plasma donations. for blood ORDINANCE NO. NS- 1732 PAGE TWENTY-SEVEN SECTION 45: That Section 41-506 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 41-506. Uses permitted in the LM district. The following uses are permitted in the LM district: (a) Any use permitted in the Mi district pursuant to section 41-472. (b) Any professional use permitted in the P district pursuant to section 41-313. SECTION 46: That Section 41-567 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 41-567. Uses permitted in the PCD district. Unless otherwise prohibited by law within the city, any use of land or buildings which is clearly designated by type or category on the approved and adopted gaeneral plan of development and subsequently approved site plans, shall be permitted in the PCD district. SECTION 47: That Section 41-521 of the Santa Ana Municipal Code is amended to read as follows: Sec. 41-521. Uses permitted in the CM district. The following uses are permitted in the CM district: (a) Any use permitted in the C3 district pursuant to section 41-395. (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. ORDINANCE NO. NS- 1732 PAGE TWENTY-EIGHT (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 mini-warehouses. (m) Woodworking shops including cabinet shops and furniture repair shops. (n) Handicraft manufacture. (O) Ceramic manufacture. (p) Pipe storage. SECTION 48: That Section 41-584 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 41-584. Uses permitted in the O district. The following uses are permitted in the O diStrict: including thereto. (a) Open-air recreational and entertainment uses, bridle trails, and buildings and uses accessory (b) Government buildings, public utility facilities, and flood control structures. ORDINANCE NO. NS- 1732 PAGE TWENTY-NINE SECTION 49: That the Santa Ana Municipal Code is hereby amended by adding a section, to be numbered 41-610.5, which said section reads as follows: Sec. 41-610.5. Wall requirement in the industrial and commercial zones. On any lot in a C1, C2, C3, C4, C5, Mi, M2, LM or CM district, a concrete block wall not less than five (5) feet nor more than six (6) feet in height shall be erected along any property line contiguous to any residentially zoned property, except that such wall shall not exceed the height limitations prescribed in Section 41-610. This requirement may be waived by the planning commission upon a finding that the abutting property is in a period of transition to nonresidential use, or that, due to special circumstances, the wall would not promote the public health, safety, or welfare. SECTION 50: 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 admin- istrator may grant according to the procedure outlined in this chapter. ORDINANCE NO. NS- 1732 PAGE THIRTY (1) Conditional use permits for specific uses located at a particular location when it shall be deemed: (i) That the proposed use will provide a service or facility which will contribute to the general well being of the neighborhood or the community; and (ii) That the proposed use will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity; and (iii) That the proposed use will not adversely affect the present economic stability or future economic development of property in the surrounding area. (iv) That the proposed use will comply with the regulations and conditions specified in this chapter for such use; and (v) That the proposed use will not adversely affect the general plan of the city or any specific plan applicable to the area of the proposed use. ORDINANCE NO. NS-1732 PAGE TH IRTY-ONE (2) Variances from and minor exceptions the provisions of the Municipal Code when it appears that all of the following have been established: to (i) 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 drprive the subject property of privileges not otherwise at variance with the intent and purpose of the provisions of this chapter; (ii) That the granting of a variance or minor exception is necessary for the preserva- tion and enjoyment of one or more substantial property rights; (iii) That the granting of a variance or minor exception will not be materially detri- mental to the public welfare or injurious to surrounding property; (iv) That the granting of a variance or minor exception will not adversely affect the general plan of the city. (b) In granting any conditional use permit, variance or minor exception, the zoning administrator, planning commis- sion or council may impose such conditions as are deemed neces- sary and desirable to protect the public health, safety or welfare in accordance with the purpose and intent of this chapter. SECTION 51: That Section 41-638.5 of the Santa Ana Municipal Code is hereby repealed. ORDINANCE NO. NS- 1732 PAGE THIRTY-TWO SECTION 52: That Section 41-681 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 41-681. Adding to, enlarging or structurally altering. No nonconforming building or use shall be added to or en- larged or structurally altered in any manner unless such improve- ments conform in every respect to the provisions of the district in which it is located, except that structural alterations and additions may be made to nonconforming residential uses pro- vided such alterations and additions will no way increase the number of dwelling units contained on the lot. SECTION 53: 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 or 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, sen- tence, 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 un- constitutional. SECTION 54: 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 ORDINANCE NO. NS-1732 PAGE TH IRTY-THREE provision applicable to any violation thereof, nor to affect the validity of any bond or case deposit in lieu thereof, required to be posted, filed or deposit pursuant to any ordin- ance and all rights and obligations thereunder appertaining shall continue in full force and effect. ADOPTED this 25th day of June , 1984. ATTEST: ~/~niCe C. Guy ~lerk of the C6uncitl' R,W. ~kr~embour 9er (,/ Mayor COUNCILMEMBERS: Luxembourger Aye Acosta ~ Bricken Aye Griset ~ve Johnson ~ve McGuigan ~ve Young Aye APPROVED AS TO FORM: