HomeMy WebLinkAboutNS-2409 - Amending Chapter 41 of Santa Ana Municipal Code to Allow Care Home Uses261
ORD1NANCENO. NS- 2 4 0 9
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA AMENDING CHAPTER 41 OF
THE SANTA ANA MUNICIPAL CODE TO ALLOW
CARE HOME USES SUBJECT TO A CONDITIONAL
USE PERMIT IN THE R-2 ZONING DISTRICT
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES HEREBY ORDAIN AS
FOLLOWS:
SECTION 1: The City Council has reviewed and considered the information contained in
the initial study and the negative declaration prepared with respect to this Project, together with all
comments and response to comments. The City Council has, as a result of its consideration, and
the evidence presented at the hearings on this matter, determined that, as required pursuant to the
California Environmental Quality Act and the State CEQA Guidelines, a Negative Declaration
adequately addresses the expected environmental impacts of this Project. On the basis of this
review, the City Council finds that there is no evidence from which it can be fairly argued that the
Project will have a significant adverse effect on the environment. The City Council hereby certifies
and approves the negative declaration for Environmental Review No. 99-106 and directs that the
Notice of Determination be prepared and filed with the County Clerk of the County of Orange in
the manner required by law.
SECTION 2: That Santa Ana Municipal Code Section 41-247.5 is hereby amended to read
as follows:
Sec. 41-247.5. Uses subject to a conditional use permit in the R2 district.
(a)
(b)
Any use which may be permitted in the R1 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 a conditionaluse permit.
Care Homes, as defined by section 41-41.5 of this Code, which previously were permitted
pursuant to a validly issued conditional use permit and subsequently lost the permitted use
pursuant to the provisions of this Code.
ORD NS- 2409
Page l of 2
262
SECTION 3: 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 Aha 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 4: 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 15th day of Novembe ~ 1999.
ATTEST:
_a~j~yor
COUNCILMEMBERS:
Pulido Aye
Lutz Aye
Bist Aye
Christy Aye
Franklin Aye
McGuigan Absent
Moreno Not Voting
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
ity A meytt~.~
Om)NS- 2409
Page 2 of 2
263
Ordinance No. NS-2409
CERTIFICATE OF ORIGINALITY & PUBLICATION
State of California
County of Orange
I, JANICE C. GUY, Clerk of the Council, do hereby certify the attached Ordinance No.
A/,':; - ~ to ~ the original ordinance adopted by the City Council of the City of
santa Aha'on /~///,~ /q'~ ; and that said ordinance was published in accordance with
the Charter of the Ci~ of Santa ~m .
Date: /t // ~i / 'q ~
/ '' '/
ii et~oOf the Council
f Santa Aha