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HomeMy WebLinkAboutNS-1226 ORDINANCE NO. NS-1226 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 41 OF THE SANTA ANA MUNICIPAL CODE BY AMENDING SECTION 41.619.4(4) BY ADDING SUBDIVISIONS (E) AND (F) THERETO PROHIBITING CERTAIN TEMPORARY AND PRINTED SIGNS IN THE CD DIS- TRICT; BY AMENDING SECTION 41-618 (i) TO REQUIRE LANDSCAPING FOR PARKING LOTS CON- STRUCTED OR EXPANDED; BY AMENDING SECTIO~ 41-611(b)(5) TO UPGRADE THE LANDSCAPING REQUIREMENTS FOR "B" MODIFIED LOTS: AMENDING SECTION 41-607 BY ADDING SUBSEC- TION (h) THERETO REAFFIRMING THE PROHIBITION 07 COMMERCIAL ACTIVITIES IN THE R1 DISTRICT AND PROHIBITING THEM IN THE R2, R3, R3H AND R4 DISTRICTS; BY AMENDING SECTION 41-629 PRO- VIDING FOR ZONING ADMINISTRATOR APPROVAL OF TRAILERS USED FOR OFFICE SPACE IN CONJUNCTION WITH PERMITTED USES IN PROFESSIONAL AND COM- MERCIAL DISTRICTS; BY AMENDING SECTION 41-607(i) THERETO PROHIBITING THE PLACEMENT OF VARIOUS OBJECTS WITHIN THE FRONT YARD SETBACK; BY AMENDING SECTION 41-602(e) TO INCLUDE SPECI- FIED STRUCTURES IN COMPUTING HEIGHT LIMITATIONS IN RESIDENTIAL DISTRICTS; BY AMENDING SECTIONS 41-316 AND 41-330 TO REQUIRE SIDEYARD LAND- SCAPING IN PROFESSIONAL DISTRICTS; BY AMENDING SECTION 41-201(h)(7) TO REQUIRE CONDITIONAL USE PERMITS FOR COMMERCIAL STABLES THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION l: That section 41-619.4 of the Santa Ana Municipal Code is amended to read as follows: Sec. 41-619.4. Sign standards by land use district. Signs shall be provided for by stated types in each use district according to the following standards: land ORDINANCE NO. NS-1226 PAGE TWO (1) Al, RE AND R1 DISTRICTS (A) Temporary sign. six (6) square all height and One unlighted sign not exceeding feet in area nor six (6) feet in over- advertising only the following: (a) Property for sale or lease and pertinent information regarding sale or lease; (b) Construction information, providing this sign is removed prior to final building inspection. (B) Signs required by law. Signs required by law shall include legal notices or advertisement prescribed by law or posted by any lawful office or agent and signs such as: "permission to pass is revocable", "beware of the dog", "no solicitors", etc. (2) R2, R3, R3H, AND R4 DISTRICTS (A) Temporary sign. Same as Al, RE and R1, zones. (B) Signs required by law. Same as Al, RE and R1 zones. (C) One (1) lighted or unlighted sign a maximum of twenty (20) square feet in area identifying any per- mitted uses. (3) P AND LP DISTRICTS (4) CD (A) Temporary sign. Same as Al, RE and R1 zones. (B) Signs required by law. Same as Al, RE and R1 zones. (c) One (1) freestanding roof, wall or combination sign per building. The total display area of any sign shall not exceed three (3) percent of the building facade on the street side. In case of a building on a corner lot, only the primary building frontage is used to determine sign area. A sign may advertise only the name and address of the building it identifies and the name, address and services offered by professions allowed in the land use district. (D) One (1) identification name plate per occupant not exceeding three (3) square feet in area which shall be unlighted and stationary. DISTRICT (A) Temporary sign. Same as Al, RE and R1 zones. (B) Signs required by law. Same as Al, RE and R1 zones. (c) One (1) wall sign per building. Total copy area of any sign shall not exceed three (3) percent of the building facade on the street side. In the case of a building on a corner lot, only the primary building frontage is used to determine sign area. A sign may advertise only the name, address and services offered by pro- fessions allowed in the land use district. ORDINANCE NO. NS-1226 PAGE THREE (D One (1) identification name plate per occupant not exceeding three (3) square feet in area which shall be unlighted and stationary. (E Temporary advertising devices, including but not limited to portable, folding, paper, painted or other movable signs, banners, streamers, val~nce, propellers, balloons, or advertising displays constructed of cloth, canvas, light fabric, wallboard or other light materials, with or without frames, are prohibited. (F Signs painted directly onto the building facade are prohibited In the CD District, the above standards shall be considered as guides, but sign plans shall be subject to review and modifi- cation by the planning commission in their consideration of plans, sketches and elevations of a development as provided in section 41-344 of this Code. (5) C AND M DISTRICTS (NOT INCLUDING CR AND LM DISTRICTS) (A) Temporary sign. For each frontage on street, one (1) sign not exceeding thirty-two (32) square feet in background area, not over fifteen (15) feet in overall height. (B) Signs required by law. Same as Al, RE and R1 zones. (c) One (1) wall sign or projecting double-faced sign for each business located on the property, with background area of sign not to exceed thirty (30) percent of the building facade to which it is applied, or two (2) square feet per lineal foot of business frontage, which ever is greater. (a) Where a business has a main entrance on more than one elevation of the building, such secondary frontage may contain a wall sign of the same limitations as prescribed for the primary frontage. (b) Where a business has a secondary frontage, but does not have a main entrance to the secondary frontage, such frontage may contain a wall sign not to exceed twenty (20) percent of the surface of the building facade to which it is applied, or one and one-half (1-1/2) square feet per lineal foot of business frontage, whichever is greater. (D) Building facade facing. Copy area shall net exceed forty (40) percent of the building facade facing to which it is applied. In no case shall the copy area exceed thirty (30) percent of the building facade. (E) Under marquee sign. One for each business entrance located on the property. (F) Directional sign. As needed to guide or direct pedes- trian or vehicular traffic. (G) Roof or pole signs. One (1) roof and/or pole sign a maximum background area of two hundred fifty (250) square feet, or two (2) square feet per lineal foot of ORDINANCE NO. NS-1226 PAGE FOUR street frontage, whichever is the lesser; provided, how- ever, that no illuminated roof or pole sign shall be permitted within seventy-five (75) feet of the property zoned for residential purposes. In computing area of sign background, only that face or those faces which can be seen from any one direction at one time shall be counted. No roof or pole sign shall be located closer than three hundred (300) feet from any other roof or pole sign on the same parcel of real property. Roof and pole signs may be allowed as follows: (a) One (1) sign for each integrated development as defined in section 41-619.2 of this Code. (b) One (1) sign for each separately owned or leased parcel if the development is not integrated as defined herein. The owner of any lot or parcel of real property front- ing on more than one street or highway may elect to combine the total street frontage of said property in establishing the maximum permitted size of any roof or pole sign. However, in the event all street or highway frontage is so combined, only one such sign shall be permitted to be constructed on the premises and such single roof sign based on such combined street or highway shall not exceed in area the maximum permitted by the provisions of this section. (H) Animated signs. Signs may be animated if they con- form to the standards as set forth in General Provi- sions, section 41-619.3 of this Code. (I) Revolving signs. Revolving signs may not exceed 8 RPM. (6) LM DISTRICT (A) One (1) freestanding or wall sign shall be permitted on each site. The total area of any sign shall not exceed one (1) square foot in area for each six hundred (600) square feet of the site. Such sign shall not exceed two hun- dred (200) square feet for each sign, with the excep- tion of service station signs which will be allowed a maximum area of one hundred twenty-five (125) square feet. (c) Height (a) Freestanding signs shall not exceed twelve (12) feet in height with the exception of service sta- tions, which shall not exceed twenty-five (25) feet in height. (b) Wall signs shall not be permitted to extend above the top of the building to which they are affixed and no signs shall be placed on the roof of any building. (D) Temporary sign. Same as Al, RE and R1 zones. ORDINANCE NO. NS-1226 PAGE FIVE (E) Signs required by law. Same as Al, RE and R1 zones. (7) CR DISTRICT All signs shall be subject to the approval of plans as per Section 41-441, the Commercial-Residential District. Generally, signs in commercial areas of this district shall be subject to the standards of the C and M Districts and signs in the residential areas of this district shall be subject to the standards of the R District. (8) PLANNED COMMUNITY DEVELOPMENT DISTRICT All signs shall be subject to the approval of plans as per section 41-537 of this Code, the Planned Community Develop- ment District. Generally, areas designated at the adopted general plan for residential, professional, commercial or industrial usage shall be limited by the standards for signs permitted in the R, P, or C and M Districts. SECTION 2: That section 41-618 of the Santa Ana Municipal Code is amended to read as follows: Sec. 41-618. Landscaping requirements. (a) Minimum five (5) foot wide landscape strips shall planted and maintained where the offstreet parking area abuts any public street, except at approved driveways. be (b) In addition, at ing area shall be landscaped and be properly maintained. least three percent (3%) of any park- with trees, shrubs and ground covers (c) The choice of plant material shall be trees and/or shrubs, with a ground cover in keeping with the size and limi- tations of the area. Ground covers alone are not acceptable. A minimum of one (1), fifteen (15) gallon tree shall be provided for each ten (10) parking spaces, or portion thereof. (d) The landscaping shall that are enclosed by minimum six curbs. be contained in planting areas (6) inch high concrete or asphalt (e) Each interior planting area shall have an average width of nine (9) or more feet and an average area of one hundred and eighty (180) or more square feet. The planting areas shall be located throughout the parking area in order to obtain the maximum amount of dispersion. (f) All planting areas shall be served by water irrigation lines. (g) A plant list shall be shown on the required plot plan to obtain a building permit for the building for which the parking area is provided. The list shall include the botanical and common names of the plant to be used, the sizes to be planted, and the quantity of each. The plants shall be listed alphabetically and assigned key numbers to be used in locating the plants on the plan. ORDINANCE NO. NS-1226 PAGE SIX (h) A plot plan indicating the location of all landscaping areas and the percentage of landscaping in the interior plant- ing areas shall be submitted to and approved by the planning department. The decision of the department may be appealed to the planning commission. (i) The provisions of section 41-618 shall apply to pa~king lots ~c~a~e~h.e~e~rw¢~t~u~ted ~ ~ or expanded in the R3, R3H, R4~ P, LP, C1, C2, C3, C4, C5, and CR Districts,~exceptthe following: (1) An addition to any building which is required by other provisions of this Code or state law; (2) Any building addition which has less than five hun- dred (500) square feet of floor area; (3) The parking area is not viewed from a public street. (J) cluded from it is the pl Parking lots in the M1 and M2 Districts may be ex- the provisions of Section 41-618 of this Code if anning director's determination that: (1 The parking lot is used primarily for employee park- ing; and (2 Sufficient landscaping are provided to screen streets. and/or solid walls or fences such parking areas from public (k) All provisions of section 41-618 shall be required ex- cept for minor modifications approved by the planning department. SECTION 3: That section 41-611 of the Santa Ana Municipal Code is amended to read as follows: Sec. 41-611. B (parking modification). (a) Any district or any part thereof regulating the use of land established under Articles II and III may be modified at the time the zoning is first established, or by amendment, by adding to the district designation "B", which shall make no alteration in the uses permitted under the regular district classification; except that in any district modified with B (parking modification) each parcel so zoned may be used exclu- sively for the parking of motor vehicles in connection with any commercial use or for private parking, except that no car, either new or used, shall be stored for sale or lease, or parked while such car bears 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, nor automobiles serviced or repaired on said "B" modified district lots. (b) When said "B" ing in the aforementioned shall be complied with: modified districts are used for manner the following conditions park- (1) All parking areas shall be paved and appropriately drained with pavement meeting specifications of the department of public works. ORDINANCE NO. NS-1226 PAGE SEVEN (2) All parking areas shall have adequate entrances, exits, and aisles to insure safe ingress and egress of ve- hicles. (3) All floodlights shall be arranged as to not interfere with adjacent residences. (4) When any land use district is modified with the "B" suffix and the lot so zoned abuts p~operty used or zoned for residential purposes, a slx (6) foot high masonry wall shall be erected between said modified lot and residential property; however, the masonry wall shall not exceed four (4) feet in height between the front property line and the established building line of adjacent residential property. (5) Landscaping shall be provided for in described by Section 41-618, Article with the following exception: the manner as 4 of this chapter (i) When said "B" modified lots would otherwise be contiguous to property zoned RE, R1, R2, R3, R3H, R4, or P were it not for their separation by a street, a four (4) foot high decorative wall shall be constructed to the rear of the required boundary landscaping. (6) The following types, sizes, and numbers of signs shall be permitted in a "B" modified district: (i) One (1) unlighted or nonflashing lighted double- faced sign not to exceed twenty (20) square feet of area per face, referring to the availability and charges for parking spaces on the parking lot. (ii) Unlighted or nonflashing lighted double-faced en- trance and exit signs not exceeding four (4) square feet in area per display face, provided the signs shall contain only directional information. (iii) One (1) unlighted or nonflashing lighted double- face sign not exceeding twenty (20) square feet in area per face, indicating the name of a shop- ping center when the "B" modified district ad- joins a C1 or C2 district. Said signs shall be ap- proved by the planning department prior to in- stallation. (iv) Signs shall not be lighted except during the hours that the use or uses which the parking lot ser- vices are open for business. ORDINANCE NO. NS-1226 PAGE EIGHT SECTION 4: That section 41-607 of the Santa Ana Municipal Code is amended to read as follows: Sec. 41-607. Same -- Miscellaneous provisions. (a) For an attached accessory garage, carport, or other accessory building, the same yards shall be maintained as are required for the main building except as provided in section 41-606(g). Furthermore, in the Al, RE, R1, R2, R3H, and P districts an open breezeway or patio cover between a garage or accessory building and the main building becomes a part of the accessory building and shall comply with all provisions applying to accessory buildings except section 41-606(a). (b) No provision set forth in this any violation of any setback established article VII of this chapter. chapter shall permit as prescribed in (c) Where property fronts, sides, or rears onto any pri- mary street, as shown on the adopted master plan of streets and highways, the required front, rear, or side yard for the district in which said property is situated shall be measured from the future right-of-way line adopted for such primary street; provided, however, with respect to the determination of required front yard for a lot zoned Al, RE, R1, R2, R3, or P, and fronting on such primary street, where forty (40) percent or more of the lots along that block, excluding re- verse corner lots and key lots, are developed with buildings, then paragraph (2) of subsection (b) of section 41-603 shall apply. (d) The front yard on a key lot in any residential district shall be not less than three-fourths (3/4) the required front yard for the district in which located. (e) All yard areas, excluding any required side yard on the street side of a corner lot and required front yard of any lot, may be used for uncovered off-street parking of motor vehicles incidental to the uses permitted in the district in which located, except that if said lot rears or sides on an alley, the entrance to parking stalls shall be not less than twelve (12) feet from the center line of said alley. (f) Any setback line or required yard, whichever is great- er, shall determine the building line. (g) There shall be a distance of not less than fifteen (15) feet between detached dwelling units and main buildings. (h) In the R1, R2, R3, R3H, and R4 Districts there shall be no display, storage of materials or supplies, no stock in trade or commodity sold upon the premises, no service rendered, no pro- fessional equipment, apparatus or business equipment or trucks kept or stored on the premises, no per~on, employee, or assistant in connection therewith engaged for services on the premises or dispatched from the premises; and no mechanical equipment used except as is customarily used for housekeeping purposes. ORDINANCE NO. NS-1226 PAGE NINE (i) No wires, ropes, beams, boards or similar connecting material or device, which is attached to any building or structure or to any appurtenance thereon, including television or radio antennas, shall be attached to or connected with the ground or any fixture within any required front yard setback as provided for in this Chapter. SECTION 5: That section 41-629 of the Santa Ana Municipal Code is amended to read as follows: Sec. 41-629. Zoning administrator; administrative functions. The zoning administrator may, as a part of his administra- tive function, authorize: (1) The temporary use of trailers for office space which are utilized in conjunction with any permitted use in the P, LP, C1, C2, C3, C4 and C5 Districts for a period of time not exceeding two (2) years from the date of approval; provided said determination shall be in writing and show that the temporary office use is in harmony with the purpose of intent of this chapter. (2) The construction of open buildings in the Cl, C2, C3 and C5 Districts; provided said determination shall be in writing and show that the open build- ings are not detrimental to the surrounding area and the open portions of the structures are not visible from adjacent properties or public streets. However, the planning director may determine that a variance is necessary when a proposed temporary office trailer or an open building is so located as to be of importance to the adjoining property owners or to be in conflict with the orderly development of the area. SECTION 6: That section 41-602 of the Santa Aha Municipal Code is amended to read as follows: Sec. 41-602. Height. (a) There is established separate and distinct height dis- tricts I and II in which are contained special provisions allow- ing structures to exceed the maximum height permitted in the applicable land use districts. (b) Unless otherwise designated on the appropriate sec- tional district maps, all land within or subsequently annexed or incorporated into the city is declared to be in height district I. (c) All lots within height district I shall be subject to the following height exceptions and regulations: (1) On any lot or portion of a lot in the Al, RE, R1, R2, R3, R3H and R4 districts no structure shall exceed the height therein specified. ORDINANCE NO. NS-1226 PAGE TEN (2) On any lot or portion of a lot in the P, CD, C1, C2, C4, C5, M1, M2, LM and CM districts: (i) (ii) No structure shall exceed thirty-five (35) feet in height within one hundred and forty (140) feet of any property in the Al, RE, R1, R2, R3 or R3H district. Any structure on a lot or portion of a lot con- tiguous to or separated by a street, alley, flood- control channel or ditch, pedestrian walkway, or railroad right-of-way, from property in the Al, RE, R1, R2, R3, or R3H district may exceed thirty- five (35) feet in height, provided that no part of said structure, exclusive of the first thirty-five (35) feet of height from street grade, intercepts a plane that rises one (1) foot in every four (4) lineal feet drawn from the nearest point of each property in the aforementioned districts toward the interior of the building site whereon it is proposed to erect a structure in excess of thirty- five (35) feet in height. Further, there shall be provided and main- tained along all such property lines or zone boundary lines mentioned hereinabove, a fifteen (15) foot landscaped strip. When said landscaped strip is contiguous to or is separated from a prop- erty in the Al, RE, R1, R2, R3 or R3H district by any of the aforementioned ways other than a street, said landscaping shall include not less than one (1) tree for every ten (10) lineal feet of said landscaped strip. Said trees shall be not less than ten (10) feet high at time of planting, and shall be of any one of the following species: Ficus benjamina Ficus elastica Ficus nitida Ficus retusa Schinus teribinthifolia Harpephyllum caffrum Cupania anacardiodes Pittisporum undulatum Pinus halepensis Pinus radiata Pinus pinea Pinus torreyana Pinus thunbergi Olea europaea Myoporum laetum Podocarpus elongata Pyrus Kawakami Bauhinia purpurea Acacia pendula Acacia baileyana Acacia longifolia ORDINANCE NO. NS-1226 PA6E ELEVEN Magnolia grandiflora Persea borbonia Fraxinus uhedi Eugenia paniculata Cedrus deodora Pinus canariensis Cupdessus sempervirens Tristania conferta Eucalyptus citriodora Prunus caroliniana. (iii) In addition to (i) and (ii) above, each part of any structure, exclusive of the first thirty-five (35) feet of height from street grade, shall be set in from one or the other or from both side property lines not less than a combined total dis- tance equal to one-half (1/2) of the overall height of the structure, signs included. Further, each part of the structure, exclusive of the first thirty- five (35) feet of height from street grade, shall be set in from the front or back or from both the front and the back property lines not less than a combined total distance equal to one-half (1/2) of the overall height of the structure, signs in- cluded. (d) All lots within height district II shall be subject to the following height exceptions and regulations: (1) Any structure may exceed thirty-five (35) feet in height if both of the following provisions are complied with: (i) Each part of any structure, exclusive of the first thirty-five (35) feet of height from street grade, shall be set in from one or the other or from both side property lines not less than a combined total distance equal to one-half (1/2) of the overall height of the structure, signs included. (ii) Each part of any structure, exclusive of the first thirty-five (35) feet of height from street grade, shall be set in from the front or the back or from both the front and the back property lines not less than a combined total distance equal to one- half (1/2) of the overall height of the structure, signs included. (e) On any lot or portion of a lot in any district other than an RE, R1, R2, R3, R3H, or R4 district, towers, including radio and television antennas, gables, spires, scenery lofts, cupolas, water tanks, silos, covering not more than ten (10) percent of the qround area of the buildings at the base thereof, artificial wind- breaks, windmills and similar structures, and necessary mechanical appurtenances may be built and used to a greater height than the limit established for the district in which such structures are located, provided, however, that no structure in excess of the allowable building height shall be used for sleeping or eating quarters, or for any commercial purpose other than that such as may be incidental to the permitted use of the main building. On any lot or portion of a lot in the RE, R1, R2, R3, R3H, or R4 dis- tricts, all such structures and appurtenances shall be considered to constitute part of the building or structure for purposes of height determination. ORDINANCE NO. NS-1226 PAGE TWELVE (f) No accessory structure shall exceed twenty (20) feet. SECTION 7: That section 41-316 of the Santa Ana Municipal Code is amended to read as follows: Sec. 41-316. Side yard. There shall be a side yard of not less than three (3) feet. On corner lots the side yard on the street side shall be not less than ten (10) feet. All required side yards on the street side of a corner lot shall be landscaped and main- tained. SECTION 8: That section 41-330 of the Santa Ana Municipal Code is amended to read as follows: Sec. 41-330. Side yard. There shall be a side yard of not less than three (3) feet. On corner lots the side yard on the street side shall be not less than ten (10) feet. All required side yards on the street side of a corner lot shall be landscaped and main- tained. SECTION 9: That section 41-201 of the Santa Ana Municipal Code is amended to read as follows: Sec. 41-201. Uses permitted. (a) Farming, including all types of crop agriculture and horticulture, grazing, kennels (in accordance with chapter 5), small animal farms, and similar types of farming, Except: (1) Hog and commercial livestock feeding ranches (refer- ence subsection (h)(7)); and (2) Farms operated publicly or privately for the disposal of garbage, sewage, rubbish or offal. (b) Parks, playgrounds and recreation buildings of a public or quasi-public character, golf courses, country clubs and other similar uses. (c) Accessory buildings, structures and uses, including one (1) unlighted bulletin board or sign not exceedig an aggregate area of twenty (20) square feet, bearing official notices only, or pertaining only to the sale of agricultural or farm products qrown, or principal products or principal services rendered upon the premises, or advertising the lease, hire or sale of the part- icular property upon which said bulletin board or sign is located. (d) Temporary stands for the sale of agricultural or farm- ing products grown or produced on the premises shall be permitted as accessory uses upon the following conditions: (1) When placed for a period of more than ninety (90) days, plans shall be submitted to and approved by planning commission; the ORDINANCE NO. NS-1226 PAGE THIRTEEN (2) The floor area of such stand shall not exceed one hundred (100) square feet; (3) The owner shall remove such stand at his expense when not in use; (4) The stand shall not be located closer than twenty (20) feet from any public right-of-way. (e) One (1) single-family dwelling, detached guest home and employees' quarters, all of a permanent character; a density of one (1) dwelling unit for each six thousand (6,000) square feet of lot area shall be permitted provided the lot has an area of one-half (1/2) acre or less. (f) Home occupations, offices, and studios when conducted within the dwelling by occupants thereof, provided that not more than one (1) sign, unlighted and not exceeding twelve (12) square feet in area, is displayed in connection therewith. (g) Temporary directional signs. (h) The following additional uses, subject to the issuance of an approved conditional use permit as prescribed in article V of this chapter: (1) Public utility buildings and structures, including electric distribution and transmission substations; (2) Cemeteries, mausoleums and crematories; (3) Mining, quarrying and other earth extraction indus- tries; (4) Commercial or public airports and land fields; (5) Private airplane landing fields; (6) Commercial dairies having herds of more than five (5) head', (7) Commercial stables and riding academies; (8) Feed mills; (9) Packing plants for whole agricultural products; (lO) Commercial egg production, candling and sales; com- mercial production of poultry, pigeons and other fowl. Commercial production of these products if produced, raised or fattened on the premises, provided that any poultry, pigeon or rabbit enclosure, slaughtering building or place, be at least fifty (50) feet from any existing dwelling or milk handling facility of a dairy; ORDINANCE NO. NS-1226 PAGE FOURTEEN (Il) Apiaries, upon the following conditions: (i) No occupied hives to be closer than one hundred fifty (150) feet to any street or highway right-of-way; (ii) No occupied hives to be closer than four hundred {400) feet to any existing dwelling on the premises or the premises of another apiary; (iii) No occupied hives to be closer than fifty (50) feet to any property line common to other property lines other than property lines of another apiary; (12) Churches, public institutions, public and parochial schools and colleges and hospitals; (13) Trailer park or camp. SECTION 10: If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the deci- sion 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, clauses, phrases or portions be declared invalid or unconstitutional. SECTION ll: 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 ordi- nances relating to the collection of any such license or penalty or the penal provisions applicable to any violation thereof, nor to affect the validity of any bond or case de- posit in lieu thereof, required to be posted, filed or depo- sited pursuant to any ordinance, and all rights and obliga- tions thereunder appertaining shall continue in full force and effect. SECTION 12: The Clerk of the Council shall certify to passage of this ordinance and cause the same to be published in some daily newspaper printed and published in the City of Santa Ana. the SECTION 13: This Ordinance shall take effect thirty (30) days from and after the date of its adoption. ORDINANCE NO. NS-1226 PAGE FIFTEEN PASSED AND ADOPTED by the Santa Ana at its regular meeting October , 1974. City Council of the City of held on the 7th day of ATTEST: CLERK OF THE COUNCIL 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 fore- going Ordinance was introduced to said Council at its regular meeting held on the 16th .day of September , 1974, and was again considered by said Council at its meeting held on the ?th .day of October , 1974, and was at said meeting passed and adopted by the following vote, to wit: AYES, COUNCILMEN:Yamamoto, Garthe, Patterson NOES, COUNCILMEN:Evans, Markel ABSENT, COUNCILMEN: Griset, lNard CLERK OF THE COUNCIL APPROVED AS TO FORM: