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HomeMy WebLinkAboutNS-1036ORDINANCE NS-1036 DEFINING "ADULT BOOK STORE" AND REQUIRING CONDITIONAL USE PERMIT FOR OPERATION OF SAME IN VARIOUS ZONES OF THE CITY THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1: That Section 41-12 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 41-12. Accessory b~ilding. An accessory building is a subordinate building, the use of which is clearly incidental and secondary to that of the main building, on the same lot or parcel of land, which is used exclusively by the occupant of the main building. (a) Adult book store. Any business establishment in which all or any portion of said premises is devoted to the sale or display of any book, magazine, newspaper, or other printed or written material or any picture, drawing, photograph, motion picture, or other pictorial representation or any statue or other figure, or any recording, transcription, or mechanical, chemical, or electrical reproduction, or any other articles, equipment, machines, or materials, which aforementioned articles or materials, by any means or in any manner are either 1. in fact forbidden to be sold or otherwise distributed to minors under the age of twenty-one (21) years, or 2. advertised as being forbidden to be sold or otherwise distributed to minors under the age of twenty-one (21) years. SECTION 2: That Section 41-365 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 41-365. ~s~s permitted. (a) Administrative and professional offices. (b) 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, treatment, manufacturing, assembling, or compounding, of any product other than that which is clearly and traditionally incidental and essential to a particular retail activity. (c) Other retail or service uses including but not limited to the following: (1) Automobile parking lots and parking garages. (2) Automobile sales lots, both new and used but ex- cluding trailers, boats and tractors (semitrucks). (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. -1- (7) Nurseries. (8) Gymnasiums, outdoor miniature golf courses, regula- tion golf courses and driving ranges. (9) Public buildings and public utility structures including electric distribution and transmission substations. (10) Restaurants, cafes, cocktail lounges and drive-in eating establishments. (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. (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 nonflash- ing signs pertaining only to business conducted on the premises. (15) 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. (16) The following uses subject to the issuance of an approved conditional use permit. (i) Trailer parks. (ii) Bill boards and advertising structures pertain- ing to a business or product not conducted or sold on the lot upon which said sign is displayed. (ii~ Outdoor and indoor recreational uses not set forth in subsection (c), paragraph (8) herein- above. (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. (vi) Adult book stores. 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, cl, and C2 districts. -2- (b) Any place of assemblage for purposes of meeting, worship- ing, 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 agricultural 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 entertain- ment selling liquor or beer for consumption on the premises is subsequently zoned or used for residential or agricultural purposes. (c) Any advertising structure. (d) The following uses subject to the issuance of an approved conditional use permit: (1) Adult Book store. SECTION 4: That Section 41-412 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 41-412. Uses permitted. Permitted uses are any wholly retail store, business, office, or service, except that an "adult book store" use shall require the issuance of an approved conditional use permit. SECTION 5: 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 ~l~arly'and?traditio~ally incidental and essential to a particular retail activity. (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 includ- ing electric distribution and transmission substations. (8) Restaurants, cafes, cocktail lounges and drive-in eating establishments; provided that no such establish- ment selling liquor or beer for consumption on the -3- (d) (9) (10) (11) (12) (13) (14) premises may operate 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 a then existing restaurant, cafe, cocktail lounge, or drive-in eating establish- ment, selling liquor or beer for consumption on the premises is subsequently zoned or used for residential or agricultural purposes. Schools and studios operated for commercial and public purposes. Dwelling units when erected above the ground floor of a commercial structure when the ground floor is devoted exclusively to nonresidential use. Rest homes, convalescent homes, and day nurseries. Signs permitted in the C1 district. The printing, publishing and circulation of a news- paper, including plant and office. Adult book store, subject to the issuance of an approved conditional use permit. 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 6: That Section 41-442 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 41-442. Uses permitted. (a) The following uses are permitted in,this district, pursuant to the provisions of Section 41-444 (site development standards : (1) Retail sales conducted entirely within enclosed buildings. (2) Professional offices. (3) Personal services. (4) Dwelling units. (5) Resident managers' offices devoted solely to the rental of dwelling units on the site, providing that said offices, surrounding grounds, and any related sign shall retain a residential character if located within residential use areas of the site. (6) Related uses wholly subsidiary to the above uses. (7) Adult book stores, subject to the issuance of an approved conditional use permit. (b) Gasoline service stations, but no other automotive repair or service facilities, may be permitted by conditional use permit, providing such service stations are integrated into the larger site plans and providing they are accessible from the adjacent arterial street or highway only by way of the planned limited access serving the property as a whole. SECTION 7: That Section 41-472 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 41-472. Uses permitted. (a) 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 oils. (b) 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; (c) The manufacture of pottery, figurines, or similar cera- mic products using only previously pulverized clay and kilns fired only by electricity or gas; (d) Foundry casting light-weight, non-ferrous metal; (e) Petroleum and gas storage; (f) Planing mill; (g) Machine shop or other metal working shops; (h) 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; (9) Wholesale distributing plants; (10) Restaurants and employee cafeterias; any establish- ment 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 consumption on the premises subsequently is zoned or used for residential or agricultural purposes. (11) Administrative and professional offices; (12) 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; (13) 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. (b) Adult book store. SECTION 8: That Section 41-489 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 41-489. Uses permitted. Permitted uses are: -5- (a) Any use unconditionally permitted in the Mi district. (b) Any other industrial or nonindustrial use not in con- flict with any other ordinance of the city regulating nuisances and not listed as a conditionally permitted use set forth in subsection (c) of this section. Nothing contained herein is to be construed to permit the use of any property for residential subdivision or any other residential use other than permanent quarters for a guard, custodian or caretaker. (c) The following uses subject to the issuance of an approved conditional use permit as prescribed in article V of this chapter. (1) Any professional, retail or service use permitted in the professional and commercial districts. (2) Acid manufacturing. (3) Automobile-wrecking yards and salvage yards. (4) cement, lime, gypsum or plaster of paris manufacture. (5) Distillation of bones. (6) Explosives, manufacture or storage. (7) Fat rendering and refining. (8) Fertilizer manufacture. (9) Garbage, offal or dead animals reduction or dumping. (10) Gas manufacturing, including acetylene manufacture. (11) Glue manufacture. (12) Petroleum refining. (13) Smelting of tin, copper, zinc or iron ores. (14) Stockyards. (15) Slaughter of animals. (16) Tannery or the curing or storage of raw hides. (17) Adult book store. SECTION 9: That Section 41-506 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 41-506. Uses permitted. Permitted uses are: (a) Any use unconditionally permitted in the M1 district. (b)Any professional use unconditionally permitted in the P district. (c) Any other use which, in the opinion of the Planning Commission, will prove compatible with the aforementioned permitted uses; except that for an adult book store use an approved conditional use permit must be obtained. SECTION 10: That Section 41-567 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 41-567. Uses permitted. Unless otherwise prohibited by law within the city, any use of land or buildings which is clearly designated by type or category on the approved and adopted general plan of development and subsequently approved site plans, shall be permitted in this district; provided, however, that for an "adult book store" use an approved conditional use permit must be obtained. -6- SECTION 11: 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. ATT EST: CLERK OF THE COUNCIL MAYOR STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF SANTA ANA ) I, FLORENCE I. MALONE, do hereby certify that I am the Clerk of the Council of the City of Santa Ana; 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 8th day of September, 1970, and was at said meeting passed and adopted by the following vote, to wit: AYES, COUNCILMEN: Herrin, Evans, Markel, Patterson, Villa, Yamamoto, Griset NO ES, COUNCILMEN: None ABSENT, COUNCILMEN: None CLERK OF THE COUNCIL -7-