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Home My WebLink AboutNS-1297REL:nr ORDINANCE NO. NS-1297 AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING SECTIONS 41-201, 41-217, AND 41-232 OF THE SANTA ANA MUNICIPAL CODE, AND ADDING SECTION 41-638.5 TO THE SANTA ANA MUNICIPAL CODE, IMPOSING THE REQUIRE- MENT OF A CONDITIONAL USE PERMIT FOR FAMILY CARE HOMES, FOSTER HOMES AND GROUP HOMES IN ALL USE DISTRICTS PERMITTING RESIDENTIAL USES THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1: That Section 41-201 of the Santa Ana Municipal Code is hereby 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 (reference subsection (6)(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, includ- ing one (1) unlighted bulletin board or sign not exceeding an aggregate area of twenty (20) square feet, bearing official notices only, or pertaining only to the sale of agricultural or farm products grown, or principal products or principal services rendered upon the premises, or advertising the lease, hire or sale of the particular property upon which said bulletin board or sign is located. (d) Temporary stands for the sale of agricultural or farming 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 the planning commission; (2) The floor area of such stand shall not exceed one hundred (100) square feet; (3) The owner shall remove such stand at his ex- pense 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. ORDINANCE NO. NS- 1297 PAGE TWO (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, in- cluding electric distribution and transmission substations; (2) Cemeteries , mausoleums and crematories; (3) Mining, quarrying and other earth extraction industries; (4) Con%mercial or public airports and landing 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; (10) Commercial egg production, candling and sales; commercial production of poultry, pigeons, and other fowl. Commercial production of these pro- ducts if produced, raised or fattened on the pre- mises, 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; (11) Apiaries, upon the following conditions: (i) No occupied hives to be closer than one hundred fifty (150) feet to any street or highway right-cf-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 paro- chial schools and colleges and hospitals; (13) Trailer park or camp. ORDINANCE NO. NS-129Y PAGE THREE (14) Family care homes, foster homes, and group homes which are required to be considered residential uses of property for zoning purposes pursuant to Sections 5115 and 5116 of the Welfare and Institu- tions Code of the State of California, other than homes which by State license are limited to providing care for not more than two persons. SECTION 2: That Section 41-217 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 41-217. Uses permitted. Permitted uses are: (a) One (1) single-family dwelling of a permanent character placed in a permanent location. In addition to the single-family dwelling, there may be one (1) permanent guesthouse for each building site. (b) Private greenhouses and horticulture collections for domestic, noncommercial use, flower and vege- table gardens, fruit trees or any agriculture crops. (c) Accessory buildings. (d) 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 on which displayed. No other advertising sign, structure or device of any character shall be permitted. (e) One (1) temporary real estate office devoted to the sale of real estate in the tract in which located for a period of time not to exceed one (1) year. (f) Temporary directional signs. (g) The following additional uses subject to the issuance of an approved conditional use permit as prescribed in article V of this chapter: (1) Churches and accessory church buildings, (2) Public grade schools, colleges and univer- sities which may include: Dormitories, libraries, museums, university union build- ings and art galleries when owned and opera- ted by governmental agencies or the uni- versity. (3) Private schools and colleges except said pri- vate schools and colleges shall not include trade schools operated by governmental agencies or the university. (4) Parks and playgrounds not operated for com- mercial purposes. ORDINANCE NO. NS-1297 PAGE FOUR (5) Public utility buildings and structures in- cluding electric distribution and transmis- sion substations. (6) Golf courses specifically excluding miniature and pitch and putt golf courses and driving ranges. (7) Fire station. (8) Family care homes, foster homes, and group homes which are required to be considered residential uses of property for zoning purposes pursuant to Sections 5115 and 5116 of the Welfare and Institutions Code of the State of California, other than homes which by State license are limited to providing care for not more than two persons. SECTION 3: That Section 41-232 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 41-232. Uses permitted. (a) If on April 20, 1939, there did not 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 thou- sand (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 for domestic noncommercial use, flower and vegetable gardens, fruit trees and any agricultural crop. (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 dis- played. No other advertising signs, structures or devices of any character shall be permitted. (f) Accessory buildings. (g) Maintaining mail address for commercial and busi- ness license purposes. (h) Temporary direction signs. (i) The following additional uses subject to the issuance of an approved conditional use permit as prescribed in Article V of this chapter: ORDINANCE NO. NS-1297 PAGE FIVE (1) Churches and accessory church buildings. (2) Public schools, colleges and universities which may include on the campus: Dormitories, libraries, 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 commer- cial 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. (10) Family care homes, foster homes, and group homes which are required to be considered residential uses of property for zoning purposes pursuant to Sections 5115 and 5116 of the Welfare and Insti- tutions Code of the State of California, other than homes which by State license are limited to providing care for not more than two persons. SECTION 4: That Section 41-638.5 is hereby added to the Santa Ana Municipal Code to read as follows: Section 41-638.5. Standards for granting applications for Conditional Use Permits for Care Homes and for the imposition of con- ditions thereon. The provisions of section 41-638 shall not apply to any application for a conditional use permit to maintain any family care home, foster home, or group home which is required to be considered a residential use of property pursuant to Sections 5115 and 5116 of the Welfare and Institutions Code of the State of California. No such application shall be denied unless the maintenance of such a home at the location proposed would be detrimental to the policy of providing the persons receiving care in such homes with normal residential surroundings, as set forth in said sections of the Welfare and Institutions Code. In the granting of any such application, no conditions shall be imposed which are more restrictive than those imposed on other similar dwellings in the same zone unless such additional conditions are necessary to protect the health and safety of the residents. ORDINANCE NO. NS-1297 PAGE SIX SECTION 5: It is the intent of the City Council that this ordinance be interpreted and applied so as to require a con- ditional use permit for those same uses that would otherwise be unconditionally permitted as residential uses under Sections 5115 and 5116 of the Welfare and Institutions Code of the State of California, as the sa~e now reads and as they may hereafter be amended or modified by other provisions of state law, except that no conditional use permit shall be required for homes which by State license are limited to providing care for not more than two persons. It is further the intent of the City Council that Section 3 of this ordinance, by imposing the requirement of a conditional use permit for such uses in the R1 use district, be construed to likewise require a conditional use permit for such uses in the R2, R3, R3H, R4 and P use districts by opera- tion of sections 41-247(c) (1), 41-259(g) (5), 41-274(b) (3), 41- 292(g) (1), and 41-313(a) of the Santa Ana Municipal Code respec- tively. SECTION 6: 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 com- petent 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, sentences, clauses, phrases or portions be declared invalid or unconstitutional. PASSED AND ADOPTED by the City Council of the City of Santa Ana at its regular meeting held on the day of February _ , 1976. ATTEST: CLERK OF THE COUNCIL ORDINANCE NO. NS-1297 PAGE SEVEN 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 2nd day of FeSruar¥ , 1976, and was again considered by said Council at its regular meeting held on the l?th day of February , 1976, and was at said meeting passed and adopted by the following vote, to wit: AYES, COUNCILMEN: ~van$~ Brandt, Bricken, 0rt~z, Yamamoto, Garthe, Ward NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None CLERK OF THE COUNCIL APPROVED AS TO FORM: KEITH L. GOW, CITY ATTORNEY