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HomeMy WebLinkAboutNS-1035ORDINANCE NS-1035 AMENDING CHAPTER 41 OF THE SANTA ANA MUNICIPAL CODE BY ADDING NEW SUBSECTIONS TO SECTIONS 41-365, 41-376, 41-395, 41-424, and 41-472 THEREOF TO REQUIP~E A CONDITIONAL USE PERMIT FOR THE ESTABLIS~IENT OF ON SALE LIQUOR OR BEER BUSINESS WITHIN 300 FEET OF AGRICULTURALLY OR RESIDENTIALLY ZONED OR USED PROPERTY 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. Permitted uses are: (a) (b) (c) Administrative and professional offices. Any wholly retail store, trade or service, but excluding sheet metal shops, body-fender works, automobile paint shop, repair garages, and any activity which includes the processing, treat- ment, manufacturing, assembling, or compounding, of any product other than that which is clearly and tradi- tionally incidental and essential to a particular retail activity. Other retail or service uses including, but not limited to, the following: (!) Automobile parking lots and parking garages. (2) Automobile sales lots, both new and used, but excluding trailers, boats and tractors (semi- trucks). (3) Buildings of public assemblage limited to churches, chapels, mortuaries and theaters. (4) clubs, fraternal organizations and unions. (5) Hospitals, clinics, sanitariums, including animal hospitals. (6) Motels and hotels. (7) Nurseries. (8) Gymnasiums, outdoor miniature golf courses, regu- lation golf courses and driving ranges. (9) Public buildings and public utility structures, in- cluding electric distribution and transmission substations. Restaurants, Cafes, drive-in eating establishments, cocktail lounges or beer bars not within 300 feet of any property zoned or used for residential or agricultural purposes; provided that any subsequent zoning or use for residential or agricultural purposes, of any property within 300 feet of a cocktail lounge shall in no way affect the uncon- ditional use of the latter for cocktail lounge purposes. (11) Schools and studios operated for commercial and public purposes. (12) Dwelling units when erected above the ground floor of a commercial structure when the ground floor is devoted exclusively to nonresidential use. (10) -1- (13) Rest homes, convalescent homes, old-age homes and day nurseries. (14) Signs as follows: (i) One single-faced nonflashing sign not more than twenty-four (24) square feet in area pertaining only to the sale, lease or hire of the particular building, lot or premises upon which displayed. (ii) Single-faced or double-faced flashing or non- flashing signs pertaining only to business conducted on the premises. (15) Structural alterations and additions may be made to existing residential uses provided that such al- terations and additions will in no way increase the number of dwelling units contained on the lot. (16) The following uses subject to the issuance of an approved conditional use permit. (i) Trailer parks. (ii) Bill boards and advertising structures per- taining to a business or product not conducted or sold on the lot upon which said sign is displayed. (iii) outdoor and indoor recreational uses not set forth in subsection (c), paragraph (8) here- inabove. (iv) Temporary directional signs. (v) Any on sale liquor or beer establishment, whether or not integrated with a restaurant, within 300 feet of any property zoned or used for residential purposes. No conditional use shall be required where property within 300 feet of an existing on sale liquor or beer establishment, whether or not integrated with a restaurant, subsequently is zoned or used for residential or agricultural purposes. SECTION 2: That Section 41-377 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 41-377. Uses Permitted. Permitted uses are: (a) Ail uses permitted in the C1 District but subject to the conditions, restrictions and limitations of this district. (b) Advertising signs and structures including billboards. (c) Carnivals and circuses, provided, however, that no such use shall locate or operate longer than ten (10) days within a six-month period on the same recorded parcel. (d) Automotive garages including body and fender repair, painting, and engine replacement. (e) Blueprinting, photoengraving, including all types of reproduction processes. (f) Enclosed storage. (g) Nightclubs, bowling alleys, dance halls, skating rinks, sports stadiums, arenas and outdoor theaters. No establishment selling liquor or beer for consumption on the premises may operate within 300 feet of any property zoned or used for residential or agricultural purposes -2- without first obtaining a conditional use permit. No conditional use permit shall be required when property within 300 feet of an existing nightclub, bowling alley, dance hall, skating rink, sports stadium, arena or outdoor theater, selling liquor or beer for consumption on the premises subsequently is zoned or used for residential or agricultural purposes. (h) Equipmental rental yards for light machinery. (i) Metal shops. (j) Tire recapping. (k) Wholesale establishments as follows: (1) Automotive equipment, including parts and supplies for machinery. (2) Drugs, chemicals and allied products excluding explosives and industrial chemicals. (3) Dry goods and apparel. (4) Food products. (5) Farm products. (6) Electrical and plumbing supplies. (7) Office equipment and supplies. (1) Truck, trailer, tractor and boat sales, both new and used. (m) Research institutions and laboratories. (n) The following uses subject to the issuance of an approved conditional use permit. (1) All uses permitted in the cl district that are subject to a conditional use permit. SECTION 3: That Section 41-395 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 41-395. Uses Permitted. Permitted uses are: (a) Any wholly retail, wholesale or service use including any use permitted in the P, C1, and C2 districts. (b) Any place of assemblage for purposes of meeting, worshiping, eating, drinking or entertainment, provided that no such establishment serving liquor or beer for consumption on the premises be located within 300 feet of any property zoned or used for residential or agri- cultural purposes without first obtaining a conditional use permit. No conditional use permit shall be required within 300 feet of a then existing place of eating, drinking, or entertainment selling liquor or beer for consumption on the premises is subsequently zoned or used for residential or agricultural purposes. (c) Any advertising structure. SECTION 4: That Section 41-424 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 41-424. Uses Permitted. Permitted uses are: (a) Administrative and professional offices. (b) Any wholly retail store, trade or service but excluding nurseries, sheet metal shops, body-fender works, auto- mobile paint shop, repair garages, and any activity which includes the processing, treatment, manufacturing, assembling, or compounding of any product other than that which is clearly and traditionally incidental and essential to a particular retail activity. -3- (c) Other retail or service uses including but not limited to the following: (1) Automobile parking lots and service stations but excluding the sale or storage of automobiles, trucks, trailers, boats, tractors, both new or used. (2) Buildings of public assemblage limited to churches, chapels, mortuaries and theaters. (3) clubs, fraternal organizations and unions. (4) Hospitals, clinics, sanitariums, excluding animal hospitals. (5) Motels and hotels. (6) Miniature golf courses but excluding all other out- door recreational facilities including carnivals and circuses. (7) Public buildings and public utility structures in- cluding electric distribution and transmission substations. (8) Restaurants, cafes, cocktail lounges and drive-in eating establishments; provided that no such establishment selling liquor or beer for consumption on the premises may operate within 300 feet of property zoned or used for residential or agricultural purposes without first obtaining a conditional use permit. No conditional use permit shall be required when any property within 300 feet of a then existing restaurant, cafe, cocktail lounge, or drive-in eating establishment, selling liquor or beer for consumption on the premises is subsequently zoned or used for residential or agricultural purposes. (9) Schools and studios operated for commercial and public purposes. (10) Dwelling units when erected above the ground floor of a commercial structure when the ground floor is devoted exclusively to nonresidential use. (11) Rest homes, convalescent homes, and day nurseries. (12) Signs permitted in the cl district. (13) The printing, publishing and circulation of a newspaper, including plant and office. (d)Structural alterations and additions may be made to existing residential uses provided that such alterations and additions will in no way increase the number of dwelling units contained on the lot. SECTION 5. That Section 41-472 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 41-472. Uses Permitted. (b) The compounding, processing, packaging or treatment of such products as candy, cosmetics, drugs, perfumes, pharmaceuticals, toiletries, and food products, except the rendering and refining of fats and 0ils. The manufacture, compounding, assembly of articles or merchandise from the following previously prepared materials: Aluminum, bone, brass, cellophane, camelback, canvas, cloth, cork, copper, feathers, felt, fibre, fur, glass, hair, horn, latex, lead, leather, paint, paper, plastics, precious or semi-precious metals or stone, shell, rubber, tin, iron, steel, tobacco, wood and yarns; -4- (d) (e) (f) (g) (h) The manufacture of pottery, figurines, or similar cera- mic products using only previously pulverized clay and kilns fired only by electricity or gas; Foundry casting light-weight, non-ferrous metal; Petroleum and gas storage; Planing mill; Machine shop or other metal working shops; The following non-industrial uses: (1) Accessory commercial uses which are necessary yet incidental to a permitted use under this section; (2) Advertising signs and structures, including bill- boards; (3) Kennels; (4) Laundry and dry cleaning establishments and dye works; (5) Public buildings and structures and public utility buildings and electric distribution and transmission substations; (6) Research, experimental or study laboratories; (7) Service stations and garages; (8) Storage and warehousing, both open and enclosed, but specifically prohibiting wrecking yards; Wholesale distributing plants; Restaurants and employee cafeterias; any~establishment selling liquor or beer for consumption on the premises may not be operated within 300 feet of any property zoned or used for residential or agricultural purposes without first obtaining a conditional use permit. No conditional use permit shall be required when any property within 300 feet of an existing restaurant or employees cafeteria selling liquor or beer for con- sumption on the premises subsequently is zoned or used for residential or agricultural purposes. Administrative and professional offices; Structural alterations and additions to existing residential uses provided that such alterations and additions will in no way increase the number of dwelling units contained on the lot; The following uses subject to the issuance of an approved conditional use permit as prescribed in Article V of this chapter: (a) Any retail or service use permitted in any commercial district. (9) (10) (11) (12) (13) SECTION 6: That this Ordinance shall take effect thirty days from and after the date of its adoption. PASSED AND ADOPTED by the City Council of the City of Santa Ana at its regular meeting held on the 8th day of September, 1970. ATTEST: CLERK OF THE COUNCIL MAYOR STATE OF CALIFORNIA) COUNTY OF ORANGE ) CITY OF SANTA ANA ) SS I, FLORENCE I. MALONE, do hereby certify that I am the Clerk of the Council of the City of Santa Aha; that the foregoing Ordinance was introduced to said Council at its regular meeting held on the 17th day of August, 1970, and was again considered by said Council at its regular meeting held on the ~h day of September, 1970, and was at said meeting passed and adopted by the following vote, to wit: AYES, NOES, COUNCILMEN: Herrin, Evans, Mmrkel, Patterson, Villa, Yamamoto~ Griset COUNCILMEN: None ABSENT , COUNCILMEN: None CLERK OF THE COUNCIL -6-