HomeMy WebLinkAboutNS-1937 - Of the Santa Ana Municipal Code to Require a Conditional Use Permit for Drive-Through Eating Establishments in Commercial ZonesREL :mb(12) ' ~ ,231
10/21/87
ORDINANCE NO. NS-1937
AN ORDINANCE OF THE CITY OF SANTA ANA
AMENDING SECTIONS 41-365, 41-365.5,
AND 41-412.5 OF THE SANTA ANA MUNICIPAL
CODE TO REQUIRE A CONDITIONAL USE PERMIT
FOR DRIVE-THROUGH EATING ESTABLISHMENTS
IN THE COMMERCIAL 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 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.
(d) Automobile sales, but excluding truck, trailer,
tractor and boat sales.
(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, and eating establishments,
other than those specified in section 41-365.5.
(o) Schools and studios operated for commercial
or public purposes.
ORDINANCE NO. NS-1937
PAGE TWO
(p) Day nurseries.
(q) Service stations.
SECTION 2: That section 41-365.5 of the Santa Ana Municipal
Code is hereby amended to read as follows:
Sec. 41-365.5. Uses subject to a conditional use permit
in the C1 district.
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.
(d) Thrift shops.
(e) Eating establishments with drive-through
window service.
SECTION 3: That section 41-412.5 of the Santa Ana Municipal
Code is hereby amended to read as follows:
Sec. 41-412.5. Uses subject to a conditional use permit
in the C4 district.
(a)
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.
(b) Eating establishments with drive-through
window service.
SECTION 4: 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,
:2,33
ORDINANCE NO. NS- 1937
PAGE THREE
or portions be declared invalid or unconstitutional.
SECTION 5: 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 ]6th day of N0vembe~ , 1987.
ATTEST:
D~m'iel H. You~
Mayor /
~lei~Ce C. Guy
rk of the Council~
COUNCI LMEM BE RS:
Young
McGuigan
Acosta
Griset
Hart
May
Pulido
Aye
Aye
Ave
Aye
APPROVED AS TO FORM:
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City At t or~-ey