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HomeMy WebLinkAboutNS-2176 - Santa Ana Municipal Code and Adding to Make Various Changes in the Zoning Regulations of the City THE FOLLOWS: ORDINANCE NO. NS-2176 AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING SECTIONS 41-193, 41-313, 41- 424.5, 41-478, 41-1306, AND 41-1412 OF THE SANTA ANA MUNICIPAL CODE AND ADDING SECTION 41-1414, TO MAKE VARIOUS CHANGES IN THE ZONING REGULATIONS OF THE CITY CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS SECTION 1: That section 41-193 of the Santa Ana Municipal Code is hereby amended to read as follows: Bec. 41-193. Garage sale regulations. No person shall conduct, or allow to be conducted, a garage sale on residentially zoned property in violation of the following regulations: (a) (b) (c) (d) (e) (f) A garage sale may not last longer than three (3) consecutive days. No more than two (2) garage sales may be conduoted on the same parcel of land in any one (1) calendar year; provided, however, that a third garage sale shall be permitted if satisfactory proof of a change in tenancy to the premises is presented. Garage sale activity shall be limited to the hours of 8:00 a.m. to 8:00 p.m. Garage sale activity may not be conducted in the public sidewalks, parkways, streets or alleys. Ail items sold at a garage sale must be used goods, or merchandise of a household nature, from household, and not acquired elsewhere for resale. wares that Garage sale advertising signs may not be posted on telephone poles, streetlights, traffic signs, or any other structure in the public right-of-way. Such signs may not be posted anywhere earlier than one (1) week prior to the first date of the garage sale nor more than one (1) day after the last date of the garage sale. 1 PAG 2 3 ? 9 SECTION 2: That section 41-313 of the Santa Ana Municipal Code is hereby amended to read as follows: See. 41-313. Uses permitted in P district. The following uses are permitted in the P district: (a) Professional, business and administrative offices where no merchandise is sold. (b) (c) (d) Banks, savings and loan offices, credit unions, mortgage and finance companies, securities and commodities, bail bonds services and other financial services. Real estate, insurance and other business services, including advertising; public relations; limited print and copy services; and secretarial, stenographic and telephone answering services. Public and quasi-public noncommercial uses of an administrative, educational, religious, cultural, communications or public service nature. (e) Travel agencies. (f) Medical and dental offices. (g) Pharmacies, limited to the merchandise related to health dispensing of goods and care only. (h) (i) (J) Professional offices for marriage and family counselors, psychologists, psychiatrists and social workers. Ambulance and emergency medical response services. Parking lots and structures in conjunction with a permitted use, except that no cars, either 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, and no hydrocarbon substance or other property of any kind may be sold and no automobile serviced or repaired. (k) Commercial uses which do not exceed ten (10) per cent of the building area of all the buildings on the parcel on which they are located and which are supportive of, compatible with, and integrated into the professional and business uses on such parcel, excluding retail centers and drive-thru facilities. (1) Exhibit, gallery or display space not to exceed ten (10) per cent of the building area of all the buildings on the ORDINANCE NS-2176 38~ PAGE 3 parcel on which they are located and which are supportive of, compatible with, and integrated into the professional and business uses on such parcel, excluding retail centers and drive-thru facilities. (m) Freestanding restaurants, cafes, and eating establish- ments, excluding drive-through facilities. SECTION 3: That section 41-424.5 of the Santa Ana Municipal code is hereby amended to read as follows: Sec. 41-424.5. Uses subject to a conditional use permit in the 05 district. 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) Hospitals. (d) Public utility structures, including distribution and transmission substations. electric (e) Eating establishments with drive-through or walk-up window service. (f) Service stations and automobile servicing. (g) Car wash establishments, provided they are wholly enclosed. (h) Laundries. (i) Indoor swap meets, bulk merchandise stores, and home improvement warehouse stores. SECTION 4: That section 41-478 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 41-478. Off-street parking. Off-street parking shall be provided in the manner prescribed in Article IV of this chapter. 3 ORDINANCE NS-2176 SECTION 5: That section 41-1306 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 41-1306. Handicapped parking. (a) Number. A portion of the required off-street parking spaces required for any nonresidential use by this chapter shall be designed for physically handicapped persons in accordance with the following standards: Total Number of Parking Spaces Number of Spaces for Handicapped Persons 1-- 25 1 26-- 50 2 51-- 75 3 76--100 4 101--150 5 151--200 6 201--300 7 301-400 8 401-500 9 501-1000 2% of total Over 1000 20, plus 1 for each 100 spaces provided over 1000 (b) Design. Handicapped persons' parking spaces shall be at least fourteen (14) feet wide and eighteen (18) feet long, except that any such stalls arranged in pairs with a five-foot wide loading/unloading area between them clearly marked on the ground need be only nine (9) feet wide. (c) Designation. (1) Where fewer than five (5) total off-street parking spaces are provided, the only space designed for use by handicapped persons shall be lined to provide a nine-foot wide parking area and a five-foot wide loading/unloading area, but need not be designated for use by handicapped persons exclusively. (2) Where five (5) or more total off-street parking spaces are provided, each space designed for use by handicapped persons shall be designated for exclusive use by such persons by signs and surface markings conforming to the standards set forth in Section 22507.8 of the California Vehicle Code and in the state building code. A sign giving notice that unauthorized vehicles parking in spaces designated for handicapped persons may be towed ORDINANCE NS-2176 away at the owner's expense, conforming to the standards set forth in the state building code, shall be posted in a conspicuous place at each entrance to the off-street parking area. (d) Location. Spaces designed for use by handicapped persons shall be located in accordance with the following standards to the extent practical: (1) Where one (1) building is served by the off-street parking area, such spaces shall be the closest to the primary entrance to the building. (2) Where more than one (1) building is served by the off-street parking area, such spaces shall be located to provide for safety and optimum proximity to the building entrance of greatest use. (3) Such spaces shall be located so that a handicapped person is not compelled to wheel or walk in or across the aisles or driveways used for vehicular traffic, except to move beside or behind his or her own vehicle. (4) If such spaces are located in a parking structure or ramp, such spaces and all pedestrian aisles to be used by handicapped persons shall have a minimum overhead clearance of eight (8) feet two (2) inches, and such spaces shall be located on the street level of the structure or within easy access to an elevator. SECTION 6: That section 41-1412 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 41-1412. Child care homes and nursery schools. (a) The minimum off-street parking requirements for child care homes and nursery schools are as follows: One space for each 8 children, plus one 1 space for each supervisor or teacher. (b) Child care homes and nursery schools providing care or instruction to 10 or more children at any one time shall also provide a passenger loading/unloading zone. 5 SECTION 7: That the Santa Ana Municipal Code is hereby a~sended by adding a section, to be numbered 41-1414, which said section reads as follows: 41-1414. Rectories, priories, convents and other residential accessory church uses. The minimum off-street parking requirements for rectories, priories, convents and other residential accessory church uses are as follows: One garage space per bedroom, plus spaces for guest parking equal to 25 percent of the total required for non-guest parking. 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 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 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 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. 6 ORDINANCE NS-2176 3 8 9 ADOPTED this 21st ATTEST: COUNCILMEMBERS: Young Aye Pulido Aye Acosta Aye Griset Aye McGuigan Aye Norton Absent Richardson Aye day of September Mayor ~ 1992. APPROVED AS TO FORM: city Attorney CERTIFICATE OF ORIGINALITY & PUBLICATION State of California County of Orange I, JANICE C. GUY, Clerk of the Council, do hereby certify the attached Ordinance /~-~/7~ to be the original ordinance adopted by the city Council of the city of Santa Ana on ~-~7/- ~9._ ; and that said ordinance was published in accordance with the Charter of the City of Santa Ana. ~er/k of the Coun~il,~Date City of Santa Aha