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Home My WebLink AboutNS-2278 Not adopted199 ORDINANCE NO. NS-2778 AN EMERGENCY ORDINANCE OF THE CITY OF SANTA ANA AMENDING SECTIONS 41-365.5, 41-403, 41-412.5, 41-424.5, AND 41-442.5 OF THE SANTA A.NA MUNICIPAL CODE TO REQUIRE A CONDITIONAL USE~PERMIT FOR THE ALL-NIGHT OPERATION OF SMALL RETAIL MARKETS AND STATING THE REASONS FOR ITS URGENCY THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1: 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 Cl district. The following uses may be permitted in the Cl district subject to the issuance of a conditional use permit: (a) Clubs. Outdoor and indoor recreation~6~or%entertainment uses (b) other than those set for~,t~-~.~o~ 41-365. (c) Hotels, motels~-l~ga~ng h~o~..se~,~re .~omes, fraternity houses ~.~?~:) ':~:.'~ ~ (,, Eatin~ estgbl!,~e~Y~me between ~he. hours of 12~,O0~d~$~ht a .00 a.m. and located within 150 feet o'~ ~;'u::~ ¢;;:rty, measured from p~pe~ine to p~perty line. (g) Laundromats, subject to the development and performance standards set forth in section 41-199. (h) Retail markets having less than twenty thousand (20,000) square feet of floor area which are open at any time between the hours of 12:00 midnight and 5:00 a.m. ORDINANCE NS-2278 SECTION 2: That section 41-403 of the Santa Ana Municipal Code is hereby amended to read as follows: Bec. 41-403. Uses subject to a oondition&l use permit in the C3- A district. The following uses may be permitted in the C3-A district subject to the issuance of a conditional use permit: (a) Live/work communities. (b) Schools. (20,000) (c) Ceramic and pottery studios. (d) Glass blowing and sculpturing studios. (e) Retail markets having less than twenty thousand square feet of floor area which are open at any time between the~.,m. SECTION 3: That/ ~) ~:~n~ rAna ~unicipal Code is hereby amende~ ~f6~'read as £~~?:.~ ~ .. 1 Th~ following us~~~frict subject to the issuance of a c~rmit: (a) Hotels, motels, lodging houses, care homes, fraternity houses and sorority houses. (b) Indoor swap meets, bulk merchandise stores, and home improvement warehouse stores. (c) Eating establishments with drive-through window service. (d) Eating establishments open at any time between the hours of 12:00 midnight and 5:00 a.m. and located within 150 feet of residentially zoned or used property, measured from property line to property line. (e) Laundromats, subject to the development and performance standards set forth in section 41-199. (f) Retail markets having less than twenty thousand (20,000) square feet of floor area which are open at any time between the hours of 12:00 midnight and 5:00 a.m. 201 ORDINANCE NS-2278 SECTION 4: That section 41-424.5 of the Santa Ana Municipal Code is hereby amended to re~d as fol~ows: sec. 41-424.5. uses subject to a con4itional use permit in the C5 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 electric distribu- tion and transmission substations. esta. blishments with drive-throug~ walk-up (e) window Eating servlc, e. ~~ \ (f) Service stations~, ~ s_e~~ ~ (g) Car wash e ~a~'~~~ t~ney are\wholly enclosed. ~ ~["~,~"~ ~~'¢ ~ ~ (i) I. ndoor swap m~et~,'~~~.~.i~T~, and home improvement ~~ X.~l~~ ..... (j) Eating establish~en at any time between the. hours of 12:00 mid~..ma, and located within 150 feet of residentially zoned or used property, measured from property line to property line. (k) Laundromats, subject to the development and performance standards set forth in section 41-199. (1) Retail markets having less than twenty thousand (20,000) square feet of floor area which are open at any time between the hours of 12:00 midnight and 5:00 a.m. 202 ORDINANCE NS-2278 SECTION 5: That section 41-442.5 of the Santa Ann Municipal Code is hereby amended to read 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: Hotels, motels, lodging houses, c~raternity (a) houses and sorority ho~~?~. Service stat'~3~hey ~ ¥&n~e~rate9 into a (b) larger deve~'~~l~~_ ~o.n.l~y_~b~y\limited access ways ~}'~]~-me ~ndoor swa~~nd~~~ home Eating estab~e~3f~3~f~ hours f~t of r~s~~d .or ~ pro~, measured from property ~e to propert~ine. (e) Retail markets having less than twenty thousand (20,000) square feet of floor area which are open at any time between the hours of 12:00 midnight and 5:00 a.m. SECTION 6: No retail market having less than twenty thousand square feet of floor area shall operate between the hours of 12:00 midnight and 5:00 a.m. after the effective date of this ordinance without a conditional use permit to do so, unless it has actually operated during all or part of those hours on a regular basis prior to the said effective date, regardless of whether a building permit has been issued by the City of Santa Ann prior to said effective date for the construction of such a retail market. SECTION 7: This ordinance is adopted as an emergency measure for preserving the public peace, health or safety in accordance with section 415 of the Charter of the city of Santa Ann. It has been introduced and adopted at the meeting of the city Council held on the date herein below stated and shall be effective immediately in accordance with section 417 of the said Charter. The reasons for the urgency of this ordinance are as follows: The operation of small markets between the hours of 12:00 midnight and 5:00 a.m. presents potential crime problems which require regulation through the conditional use permit process. Unless this ordinance becomes effective immediately upon adoption, small markets may initiate such all-night use prior to the effective date in order to evade the conditional use permit requirement. ORDINANCE NS-2278 203 SECTION 8: If any section, subsection, sentence, clause, phrase or portion of this o~dinan~ ~is for any reason held to be invalid or unconstitutiona~ ~bY ~h~ 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, ~ubsection, sentence_~.~se, phrase or ~ortion thereof irrespective of th~.~m~on~ or more sections, subsections, sent~au~es,~T~, \ or portions be de~lared lnval~~~ SECTION 9. Neither ~~~~nahc~_no~ ~e repeal hereby of any ordl~~n~ ~=ect .~e prosecution for violation committed prier to the effe~_er.~,.~_~~__~s affecting any of the provisid~scg~.~~l~e collection of any such lic~~~ ~¥ision applicable to any violation t~t ~e ~alidit~ ~f any bond or cash deposit in l~reof, er quired 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 day of , 1995. ATTEST: Janice C. Guy Clerk of the Council COUNCILMEMBERS: Pulido Richardson Espinoza Lutz McGuigan Mills Moreno Miguel A. Pulido Mayor APPROVED AS TO FORM: