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HomeMy WebLinkAboutNS-1230ORDINANCE NO. NS-1230 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY ~OF SANTA ANA AMENDING SECTIONS 41-232, 41-247, ~'~-259, 41-274, 41-292, AND 41-442 OF THE SANTA ANA MUNICIPAL CODE PERTAINING TO THE REQUIREMENT ~F~CONDITIONAL USE PERMIT FOR THE USE OF PROP- ~Ei~it~. A~ A CONDOMINIUM IN THE RESIDENTIAL USE DIST~IC~J~ THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION l: That section 41-232 of the Santa Ana Municipal Code is amended to read as follows: Sec. 41-232. Uses permitted. (a) If on April 20, 1939, there did exist on the rear half of a lot a one-family dwelling, an additional one-family dwelling may be erected on the front half of such lot whereon the dwelling upon the rear half shall assume the status of a nonconforming building; this provision shall not apply to any lot considered substandard under the provisions of this Code. (b) One (1) single-family dwelling 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. (c) Private greenhouses and horticultural collections domestic noncommercial use, flower and vegetable gardens, fruit trees and any agricultural crop. for (d) One (1) temporary real estate office devoted to the sale of real estate in the tract in which it is located, which use shall be for a period of time not to exceed one (1) year. (e) One (1) unlighted sign not exceeding six (6) square feet in area pertaining only to the sale, lease or hire of the particular building, property or premises upon which displayed. No other advertising signs, structures or devices of any character shall be permitted. (f) Accessory buildings. (g) Maintaining mail address for commercial and business license purposes, (h) Temporary directional signs. (i) The following of an approved conditional V of this chapter: additional uses subject to the issuance use permit as prescribed in Article (1) Churches and accessory church buildings. (2) Public schools, colleges and universities which may include on the campus: Dormitories, libraries, ORDINANCE NO. NS-1230 PAGE TWO museums, university union buildings and art galleries, which are owned and operated by the university. (3) Private schools and colleges except said private schools and colleges shall not include trade schools, business colleges, or private schools operated as commercial enterprises. (4) Parks and playgrounds not operated for commercial purposes. (5) Public buildings and public utility buildings and structures, including electric distribution and transmission substations. (6) Golf courses, excluding miniature golf courses, pitch and putt courses and driving ranges. (7) Fire stations. (8) Day nursery, nursery schools. (9) Condominiums and condominium conversions. SECTION 2: That section 41-247 of the Santa Ana Municipal Code is amended to read as follows: Sec. 41-247. Uses permitted. (a) All uses unconditionally permitted in the R1 district. (b) Single-family dwelling units and/or two-family dwell- ing units (duplexes) with a density of one (1) dwelling unit for each three thousand (3,000) square feet of lot area, pro- vided the lot has an area of one-half (1/2) acre or less. The single-family units must be erected as detached buildings or connected by a carport or breezeway, provided all require- ments of the R2 district are complied with for all buildings. The distance between detached dwellings shall not be less than fifteen (15) feet. (c) The following uses, subject to the issuance of an approved conditional use permit: (1) Any use conditionally permitted in the R1 district. (2) Trailer parks and camps. (3) Public buildings and structures. (4) Condominiums and condominium conversions. SECTION 3: That section 41-259 of the Santa Ana Municipal Code is amended to read as follows: Sec. 41-259. Uses permitted. (a) All uses unconditionally permitted in the R1 and R2 Districts. ORDINANCE NO. NS-1230 PAGE THREE (b) Multiple-family dwellings and apartments of a permanent character placed in permanent locations. (c) Boarding houses or rooming houses accommodating less than three (3) nor more than ten (10) roomers or boarders in addition to the family occupying such dwelling. (d) Fraternities or sororities. (e) Day nurseries or licensed homes for children when there is provided on the lot or adjacent to the premises a play lot completely fenced and containing not less than fifty (50) square feet of area for each child. (f) Accessory buildings. (g) The following uses, subject to the issuance of an approved conditional use permit as prescribed in Article V of this chapter: (1) Bungalow courts; (2) Clubs; (3) Sanitariums and hospitals; (4) Rest homes and convalescent homes; not permitted in the R3 District, except that shall be subject to the restrictions (c) proved condi (1) (2) (3) (4) and limitations set forth in the R3H District. The following uses subject to the issuance of an ap- tional use permit: Hotels; Motels; Any use conditionally permitted in the R3 District; Condominiums and condominium conversions. (5) Any use conditionally permitted in the R1 and R2 Districts; (6) Condominiums and condominium conversions. SECTION 4: That section 41-274 of the Santa Ana Municipal Code is amended to read as follows: Sec. 41-274. Uses permitted. (a) All uses unconditionally permitted in the R1 and R2 Districts. (b) All uses multiple-family dwellings and apartments ORDINANCE NO. NS-1230 PAGE FOUR SECTION 5: That section 41-292 of the Santa Aha Municipal Code is amended to read as follows: Sec. 41-292. Uses permitted. Permitted uses are: (a) Bungalow courts. (b) Apartment houses. (c) One (1) temporary, single-faced, unlighted sign not exceeding one hundred (lO0) square feet in area pertaining only to the sale or lease of building within the development. Said sign shall be permitted to remain for a period not to exceed one (1) year from the date of final inspection by the city depart- ment of building safety, of the first dwelling unit within the development. (d) One (1) permanent unlighted sign not exceeding six (6) square feet in area pertaining only to the sale or lease of the property or buildings upon which displayed. (e) One (1) permanent resident manager's office devoted solely to the rental of the dwelling units on the same parcel provided said office and surrounding grounds retain a residential character; that signs be limited to those permitted in subsection (c) of this section; and that no advertising devices be erected other than those mentioned herein. (f) Accessory buildings. (g) The following uses subject to the issuance of an approved conditional use permit: (1) All uses that are subject to a conditional use permit in the R1 district. (2) Senior citizen developments, rest homes and homes for the aged provided all provisions set forth for this district are complied with. (3) Condominiums and condominium conversions. SECTION 6: That section 41-442 of the Santa Ana Municipal Code is amended to read as follows: Sec. 41-442. Uses permitted. (a) suant to the standards): The following uses are permitted in this district, pur- provisions of section 41-444 (site development (1) Retail sales conducted entirely within enclosed buildings, provided that no such establishment serving liquor or beer for consumption on the pre- mises may locate or operate within three hundred ORDINANCE NO. NS-1230 PAGE FIVE (300) feet of any property zoned or used for residential or agricultural purposes without first obtaining a minor exception permit. No minor exception permit shall be required when property within three hundred (300) feet of a then existing retail sales establishment conducted entirely within an enclosed building, selling liquor or beer for consumption on the premises is subsequently zoned or used for residential or agricultural purposes. (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. (8) Condominiums and condominium conversions 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: 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 Ana 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 8: 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 ORDINANCE NO. NS-1230 PAGE SIX 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 9: 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 10: This Ordinance shall take effect thirty (30) days from and after the date of its adoption. ATTEST: PASSED AND ADOPTED by the City Council of the City of Santa Ana at its regular meeting held on the 18th day of February , 197~. MAYOR 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- ooing Ordinance was introduced to said Council at its regular meeting held on the 3rd day of February , 19~ , and was again considered by said Council at its meeting held on the 18th ~ay of February , 1975~, and was at said meeting passed and adopted by the following vote, to wit: AYES, NOES, ABSENT, COUNCILMEN: COUNCILMEN: Griset, Ward, Markel, Yamamoto, Evans, Garthe None COUNCILMEN: Bricken JAMES A. WITHERS, CITY ATTORNEY