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HomeMy WebLinkAboutNS-1352REL:nr 12-20-76 ORDINANCE NO. NS-15S2 AN ORDINANCE OF THE CITY OF SANTA ANA AMEND- ING SECTIONS 41-201, 41-472, 41-289, AND 41-521 OF THE SANTA ANA MUNICIPAL CODE TO REQUIRE A CONDITIONAL USE PERMIT FOR KENNELS IN THE Al, M1, AND M2 USE DISTRICTS AND TO EXCLUDE KENNELS FROM THE LM AND CM USE DISTRICTS THE CITY COUNCIL OF THE CITY OF AS FOLLOWS: SANTA ANA DOES ORDAIN SECTION l: That Section 41-201 of the Santa Aha Muni- cipal Code is hereby amended to read as follows: Sec. 41-201. Uses permitted. (a) Farming, including all types of and horticulture, grazing, small animal farms, of farming, Except: public or crop agriculture and similar types (1) Hog and commercial livestock feeding ranches (reference 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 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 exceeding an aggre- gate area of twenty (20) square feet, bearing official notices only, or pertaining only to the sale of agricultural or farm pro- ducts 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 per- mitted 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; stand at his expense (3) The owner shall remove such when not in use; (4) The stand shall not be located closer than twenty (20) feet from any public r~ght-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 on one-half (1/2) acre or less. ORDINANCE NO. NS-1352 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, 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 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; (lO) Commercial egg production, candling and sales; commercial production of poultry, pigeons and other fowl. Commercial production of these products if produced, raised or fattened on the premises, pro- vided that any poultry, pigeon or rabbit enclosure, slaughtering building or place, be at least fifty (50) feet from any existing dwelling or milk hand- ling facility of a dairy; (ll) Apiaries, upon the following conditions: (i) No occupied hives to be closer fifty (150) feet to any street right-of-way; than one hundred or highway (ii) No occupied hives to be closer than four hun- dred (400) feet to any existing duelling 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; ORDINANCE NO. NS-lS52 PAGE THREE Code (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 Institutions Code of the State of California, other than homes which by state license are limited to providing care for not more than two (2) persons. (15) Kennels. SECTION 2: That Section 41-472 of is hereby amended to read as follows: the Santa Ana Municipal 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, ex- cept the rendering and refining of fats and oils; (b) (c) The manufacture, compounding, assembly of articles or merchandise from the following previously prepared materials; Aluminum, bone, brass, cellophane, camel- back, 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; The manufacture of pottery, figurines or similar ceramic products using only previously pulverized clay and kilns fired only by electricity or gas; (d) Foundry casting lightweight, nonferrous metal; (e) Petroleum and gas storage; (f) Planing mill; (g) Machine shop or other metal working shops; (h) The following non-industrial uses; (1) (2) (3) (4) (5) (6) (7) Accessory commercial uses which are necessary yet incidental to a permitted use under this section; Signs shall be permitted in the manner prescribed in Article IV of this chapter; Laundry and dry cleaning establishments and dye works; Public buildings and structures and public utility buildings and electric distribution transmission substations; and Research, experimental or study laboratories; Service stations and garages; Storage and warehousing, both open and enclosed, except mini-warehouses, and specifically prohibit- ing wrecking yards, junk yards and salvage yards. ORDINANCE NO. NS-1552 PAGE FOUR (8) Wholesale distributing plants; Code (9) Restaurants and employee cafeterias; provided that no such establishment selling liquor or beer for consumption on the premises may operate or locate within three hundred (300) feet of any property zoned or used for residential or agri- cultural purposes without first obtaining a minor exception permit. No minor exception permit shall be required when any property within three hundred (300) feet of an existing restaurant or employees cafeteria selling liquor or beer for consumption on the premises subse- quently is zoned or used for residential or agricultural purposes; (10) Administrative and professional offices; (ll) 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; (12) 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; (c) Any storage or temporary location of new or used buildings or houses. (d) Mini-warehouse~s. (e) Kennels. SECTION 3: That Section 41-489 of the Santa Ana Municipal is hereby amended to read as follows: Sec. 41-489. Uses permitted. Permitted uses are: {a} Any use unconditionally permitted in the M1 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. ORDINANCE NO. NS-13S2 PAGE FIVE (2) Acid manufacturing. (3) Automobile-wrecking yards and salvage yards. (4) Cement, lime, gypsum or plaster of paris manu- facture. (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. (lO) Gas manufacturing, including acetylene manu- facture. (ll) 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. (18) Mini-warehousle. pal Code (19) Kennels. (d) Restaurants and employee cafeterias; provided that no such establishment selling liquor or beer for consumption on the premises may operate or locate within three hundred (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 any property within three hundred (300) feet of an exist- ing restaurant or employees cafeteria selling liquor or beer for consumption on the premises subsequently is zoned or used for residential or agricultural purposes. SECTION 4: That Section 41-521 of the Santa Ana Munici- is amended to read as follows: Sec. 41-521. Uses permitted. Permitted uses are: (a) Any retail or service use permitted in the C-3 dis- trict provided that no such establishment serving liquor or beer for consumption on the premises be located or operated within three hundred (300) feet of any property zoned or used for residential or agricultural purposes without first obtaining a minor exception ORDINANCE NO. NS~352 PAGE SIX permit. No minor exception permit shall be required when any property within three hundred (300) feet of a then existing retail or service use permitted in the C-3 district selling liquor or beer for consumption on the premises is subsequently zoned or used for residential or agricultural purposes. (b) rocks , (c) sand, (d) Commercial laundry and dry cleaning works. (e) Contractor's equipment storage and rental. Beverage manufacture including bottling works. Building materials sales yard including the sale of gravel and cement mixing. (f) Freight or truck terminal. (g) Ice cream manufacture. (h) Ice manufacture and cold storage plant. (i) Manufacture and maintenance of billboards and other advertising structures. (j) Retail lumberyard including mill and sash work if conducted entirely within an enclosed building. (k) Veterinary hospitals. (1) Wholesale warehouse, storage buildings and yards excluding auto wrecking and salvage yards, except that mini-ware- houses are only permitted subject to the issuance of an approved conditional use permit. (m) Woodworking shops including cabinet shops and fur- niture repair shops. (n) Handicraft manufacture. (o) Ceramic manufacture. (p) Pipe storage. SECTION 5: 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. SECTION 6: 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 ordinance 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 cash deposit in lieu thereof, required to be posted, filed or deposited pursuant to any ordinance and all rights and obligations thereunder appertaining shall continue in full force and effect. ORDINANCE NO. NS-13S2 PAGE SEVEN 197 % by ATTEST: ADOPTED, the following AYES: NOES: ABSENT: this 4th day of April vote: COUNCILMEN: COUNCILMEN: Evans, Brandt, Bricken, Yamamoto, Garthe, Ward None COUNCILMEN: None Ortiz, CLERK OF THE COUNCIL - APPROVED AS TO FORM: