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HomeMy WebLinkAboutNS-1939 - Santa Ana Municipal Code and Amending Sections to Regulate Bulk Merchandise Stores, home Improvement Warehouse Stores and Indoor Swap MeetsREL:jd(16) ORDINANCE NO. NS- 1939 AN ORDINANCE OF THE CITY OF SANTA ANA ADDING SECTIONS 41-32, 41-72, 41-79.5 AND 41-617(nn) TO THE SANTA ANA MUNICIPAL CODE AND AMENDING SECTIONS 41-377.5, 41-412.5 and 41.424.5 THEREOF, TO REGULATE BULK MERCHANDISE STORES, HOME IMPROVEMENT WAREHOUSE STORES AND INDOOR SWAP MEETS 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 41-32, which said sec- tion reads as follows: Sec. 41-32. Bulk merchandise store. A bulk merchandise store is a store which exceeds 60,000 square feet in a floor area where grocery and/or sundry goods are displayed for sale in bulk quantities. SECTION 2: That the Santa Ana Municipal Code is hereby amended by adding a section, to be numbered 41-72, which said sec- tion reads as follows: Sec. 41-72. Home improvement warehouse store. A home improvement warehouse store is a store which exceeds 60,000 square feet in floor area where home improvement and construction goods are displayed for sale in bulk quantities. SECTION 3: That the Santa Ana Municipal Code is hereby amended by adding a section, to be numbered 41-79.5, which said sec- tion reads as follows: Sec. 41-79.5 Indoor swap meet. An indoor swap meet is a store which has been internally subdivided to allow for individual sales booths which are available for lease to individual tenants for display of goods for sale. fl40 ORDINANCE NO. NS-1939 Page two SECTION 4: Municipal Code That section 41-337.5 of the Santa Ana is hereby amended to read as follows: Sec. 41-377.5 Uses subject to a conditional use permit in the C2 district. district permit: (a) issuance pursuant The following uses may be permitted in the C2 subject to the issuance of a conditional use Any use which may be permitted subject to the of a conditional use permit in the C1 district 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 nonprofit or government subsidized organiza- tions or by public agencies. (f) Indoor swap meets, bulk merchandise stores, and home improvement warehouse stores. SECTION 5: 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. The following uses may be permitted in the C4 district subject to the issuance of a conditional use permit: (a) (b) Hotels, motels, lodging houses, care homes, fraternity houses and sorority houses. Indoor swap meets, bulk merchandise stores, and home improvement warehouse stores. ORDINANCE NO. NS- 1939 Page three SECTION 6: That section 41-424.5 of the Santa Ana Municipal Code is hereby amended to read as follows: The following uses may be permitted in the C5 district subject to the issuance of a conditional use permit. (a) Hotels, motels, lodging houses, care homes, fraternity houses, and sorority houses. (b) Dwelling units when erected above the ground floor of a commercial structure when the ground floor is devoted exclusively to nonresidential uses. (c) (d) (e) (f) (g) (h) (i) Hospitals Public utility structures, including elec- tric distribution and transmission substations. Eating establishments with drive-through or walk-up window service. Service stations and gasoline sales. Car wash establishments, provided they are wholly enclosed. Laundries and dry cleaning establishments. Indoor swap meets, bulk merchandise stores, and home improvement warehouse stores. SECTION 7: That the Santa Ana Municipal Code is hereby amended by adding a section, to be numbered 41-677(nn), which said section reads as follows: Sec. 41-617(nn) Indoor swap meets and bulk merchandise stores. One parking stall for each one hundred (100) square feet of gross floor area shall be provided for indoor swap meets and bulk merchandise stores. SECTION 8: 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 o~ competent jurisdiction, such decision shall not affect the validity ORDINANCE NO. NS-1939 Page four 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 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 to the collection of any such license or penalty or the penal provi- sion applicable to any cash deposit in lieu thereof, required to be posted, filed or deposit pursuant to any ordinance and all rights and obligations thereunder appertaining shall continue in full force and effect. ADOPTED this 4th day of Januar.y , 1988. ATTEST: J~CE C. GUY, Clerk of the Counci COUNCILMEMBERS: Young McGuigan Acosta Griset Hart May Pulido Aye Aye Absen~ Aye Absen~ Mayor APPROVED AS TO FORM: