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HomeMy WebLinkAboutNS-1507REL: ms 9/6/79 ORDINANCE NO. NF~lS07 AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING SECTIONS 41-365, 41-377, 41-395, 41-412, 41-424, 41-442, 41-472, 41-489, 41-506, 41-521, 41-632, 41-638 AND 41-640 OF THE SANTA ANA MUNICIPAL CODE TO PRO- HIBIT SALE OF ALCOHOLIC BEVERAGES IN THE COMMERCIAL AND INDUSTRIAL ZONES. THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1: That section 41-365 of the Santa Ana Municipal Code, is hereby amended to read as follows: Sec. 41-365. Uses permitted. Permitted uses are: (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, and also provided that no establishment of any type may be used for the sale of alcoholic beverages for either on-site or off-site consump- tion without a minor exception permit. (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 excluding 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. (7) Nurseries. (8) Gy~masiums, outdoor miniature golf courses, regulation golf courses and driving ranges. (9) Public buildings and public utility structures including electric distribution and transmission substations. ORDINANCE NO. NS-1507 PAGE TWO (10) Restaurants, cafes, and drive-in eating establishments; provided that no such establishment may be used for the sale of alcoholic beverages for either on-site or off-site consumption without a minor exception permit. (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 non- flashing signs pertaining only to business conducted on the premises. (15) Structural alterations and additions may be made to existing residential uses provided that such alteration 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) Billboards and advertising structures pertaining to a business or product not conducted or sold on the lot upon which said sign is displayed. (iii) Outdoor and indoor recreational uses not set forth in subsection (c), paragraph (8) hereinabove. (iv) Temporary directional signs. (v) Adult bookstores. SECTION 2: That section 41-377 of the Santa Ana Municipal Code, is hereby amended to read as follows: Sec. 41-377. Uses Permitted. Permitted uses are: (a) Ail uses permitted in the Cl district but subject to the conditions, restric- tions and limitations of this district. ORDINANCE NO. NS-1507 PAGE THREE (b) Advertising signs and structures including billboards. (c) Carnivals and circuses, provided, however, that no such use shall locate or operate longer than ten (10) days within a six-month period on the same recorded parcel. (d) Automotive garages including body and fender repair, painting, and engine replacement. (e) Blueprinting, photoengraving, including all types of reproduction processes. (f) Enclosed storage, except mini- warehouses. (g) Nightclubs, bowling alleys, dance halls, skating rinks, sports stadiums, arenas and outdoor theaters; provided that no such establishment may be used for the sale of alcoholic beverages for either on-site or off-site consump- tion without a minor exception permit. (h) Equipmental rental yards for light machinery. (i) Metal shops. (j) Tire recapping. (k) Wholesale establishments as follows: (1) Automotive equipment, including parts and supplies for machinery. (2) Drugs, chemicals and allied products excluding explosives and industrial chemicals. (3) Dry goods and apparel. (4) Food products. (5) Farm products. (6) Electrical and plumbing supplies. (7) Office equipment and supplies. (1) Truck, trailer, tractor and boat sales, both new and used. (m) Research institutions and laboratories. (n) The following uses subject to the issuance of an approved conditional use permit. (1) Ail uses permitted in the Cl district that are subject to a conditional use permit. (2) Mini-warehouses. (3) Missions. 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, C1, and C2 districts. ORDINANCE NO. NS~507 PAGE FOUR (b) Any place of assemblage for purpose of meeting, worshiping, eating, drinking or entertainment, provided that no such establishment may be used for the sale of alcoholic beverages for either on-site or off-site consumption without a minor exception permit. (c) Any advertising structure. (d) The following uses subject to the issuance of an approved conditional use permit: (1) Adult bookstores. (2) Mini-warehouses. (3) Missions. 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 structure, business, office or service, provided that no such establishment may be used for the sale of alcoholic beverages for either on-site or off-site consumption without a minor exception permit, and except that an "adult bookstore" 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, 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; and also provided that no establishment of any type may be used for the sale of alcoholic beverages for either on-site or off-site consumption without a minor exception permit. (c) Other retail or service uses including but not limited as 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. ORDINANCE NO. NS-1507 PAGE FIVE (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 outdoor recreational facilities including carnivals and circuses. (7) Public buildings and public utility structures including electric distribution and transmission substations. (8) Restaurants, cafes, and drive- in eating establishments; provided that no such estab- lishment may be used for the sale of sell alcoholic beverages for either on-site or off-site consumption without a minor exception permit. (9) Schools and studios operated for commercial and public purposes. (10) Dwelling units when erected above the ground floor of a commercial structure when the ground floor is devoted exclusively to nonresidential use. (11) Rest homes, convalescent homes, and day nurseries. (12) Signs permitted in the C-1 district. (13) The printing, publishing and circulation of a newspaper, including plant and office. (14) Adult bookstore, subject to the issuance of an approved conditional use permit. (d) 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, provided that no such establishment may be used for the sale of alcoholic beverages for either on-site or off-site consumption without a minor exception permit. (2) Professional offices. (3) Personal services. (4) Dwelling units. ORDINANCE NO. NS- 1507 PAGE SIX (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 bookstores, 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 large 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 of 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 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; ORDINANCE NO. NS- 1507 PAGE SEVEN (h) The following nonindustrial uses, provided no establishment may be used for the sale of alcoholic beverages for either on-site or off-site consumption without a minor exception permit: (1) Accessory commercial uses which are necessary yet incidental to a permitted use under this section; (2) Signs shall be permitted in the manner prescribed in Article IV of this chapter; (3) Laundry and dry cleaning establishments and dye works; (4) Public buildings and structures and public utility buildings and electric distribution and transmission substations; (5) Research, experimental or study laboratories; (6) Service stations and garages; (7) Storage and warehousing, both open and enclosed, except mini-warehouses, and specifically prohibiting wrecking yards, junk yards and salvage yards; (8) Wholesale distributing plants; (9) Restaurants and employee cafeterias; (10) Administrative and professional offices; (11) 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 bookstore; (c) Any storage or temporary location of new or used buildings or houses; (d) Mini-warehouses; (e) Kennels. 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: (a) Any nonresidential use which is not prohibited as a public nuisance by any other provision of this code and which is not listed as a conditionally permitted use in subsection (c) of this section; provided that no establishment of any type may be used for the sale of alcoholic beverages for either on-site or off-site consumption without a minor exception permit. ORDINANCE NO. NS-1507 PAGE EIGHT (b) (c) Permanent quarters for a guard, custodian, or caretaker when incidental to a permitted primary use. 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 bookstore. (18) Mini-warehouse. (19) Kennels. SECTION 9: That section 41-506 of the Santa Ana Muncipal Code, is hereby amended to read as follows: Sec. 41-506. Uses permitted. Permitted uses are: (a) Any use unconditionally permitted in the Mi district, provided that no such establishment may be used for the sale of alcoholic beverages for either on-site or off-site con- sumption without a minor exception permit. (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. ORDINANCE NO. NS-1507 PAGE NINE SECTION 10: That section 41-521 of the Santa Ana Municipal Code, is hereby amended to read as follows: Sec. 41-521. Uses permitted. Permitted uses are: (a) Any retail or service use permitted in the C-3 district provided that no such establishment may be used for the sale of alcoholic beverages for either on-site or off-site con- sumption without a minor exception permit. (b) Beverage manufacture including bottling works. (c) Building materials sales yard including the sale of rocks, sand, gravel and cement mixing. (d) Commercial laundry and dry cleaning works. (e) Contractor's equipment storage and rental. (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-warehouses are only permitted subject to the issuance of an approved conditional use permit. (m) Woodworking shops including cabinet shops and furniture repair shops. (n) Handicraft manufacture. (o) Ceramic manufacture. (p) Pipe storage. ORDINANCE NO. NS- 1507 PAGE TEN SECTION 11: That section 41-632 of the Santa Ana Municipal Code, is hereby amended to read as follows: Sec. 41-632. Conditional use permit, variance and minor exception applications-- Initiation, scope. (a) In accordance with the procedures outlined in this article, application may be made for: (1) Conditional use permit for a specific use of land or buildings in a land use district wherein such use may be so conditionally permitted. (2) Variance to use land or buildings in a manner at variance with the provisions of this Chapter. (3) Minor exception to obtain a waiver or modification of those zoning provisions which pertain to the following: (a) Lineal dimensions of yards. Modifications granted shall not exceed by more than twenty per cent (20%) the minimum requirements. (b) Separation between buildings and other structures. Modifications granted shall not exceed by more than fifty per cent (50%) the minimum requirement. (c) Lot coverage. Modifications granted shall not exceed by more than twenty per cent (20%) the maximum coverage permitted. (d) Height of buildings. Modifications granted shall not exceed by more than twenty-five per cent (25%) the maximum height permitted. (e) Signs. Area modifications granted shall not exceed by more than twenty per cent (20%) the maximum area permitted. (f) Setback and future right- of-way lines. (g) Off-street parking. Modifications granted for reductions in required number of stalls shall not exceed by more than twenty per cent (20%) the minimum ordinance requirement. (h) Operational standards. Modifications granted may include minor exceptions to screening and landscape requirements but shall not include exceptions to provisions pertaining to uses permitted in the open. ORDINANCE NO. NS- 1507 PAGE ELEVEN (i) Walls and fences. (j) Any other regulation that the planning commission may from time to time declare. (k) Any establishment selling alcoholic beverages for either on-site or off- site consumption. (b) Application for a conditional use permit, variance or minor exception may be made by the owner or agent of the owner of the property affected, or it may be initiated by the planning department, planning commission or council. SECTION 12: That section 41-638 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 41-638. Standards for granting applications for minor exceptions, variances and conditional use permits and appeals. (a) The council, planning commission and zoning administrator may grant according to the procedure outlined in this chapter: (1) Conditional use permits for specific uses located at a particular location, and minor exception permits for the sale of alcoholic beverages for either on-site or off-site consumption, when it shall be deemed: (a) To be necessary or desirable to provide a service or facility which will contribute to the general wellbeing of the neighborhood or the community; and (b) That such use will not, under the cirucmstances of the particular case, be detrimental to the health, safety or general welfare of persons residing or working in the vicinity, or injurious to property or improvements in the vicinity; and (c) That the proposed use will comply with the regulations and conditions specified in this chapter for such use; and (d) -That granting of this conditional use will not adversely affect the general plan of the city. ORDINANCE NO. NS-I$07 ' PAGE TWELVE (2) Variances from and minor exceptions to the provisions of the Municipal Code, other than minor exception permits for sale of alcoholic beverages, when it appears that all of the following have been established: (a) That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges not otherwise at variance with the intent and purpose of the provisions of this chapter; (b) That the granting of a variance or minor exception is necessary for the preservation and enjoyment of one or more substantial property rights; (c) That the granting of a variance or minor exception will not be materially detrimental to the public welfare or injurious to surrounding property; (d) That the granting of a variance or minor exception will not adversely affect the general plan to the city. (b) In granting any conditional use permit, variance or minor exception, the zoning administrator, planning commission or council may impose such conditions as are deemed necessary and desirable to protect the public health, safety or welfare in accordance with the purpose and intent of this chapter. SECTION 13: That section 41-640 of the Santa Ana Municipal Code, is hereby amended to read as follows: Sec. 41-640. Zoning administrator to make finding of fact - Referral to planning commission for hearing. In granting or denying a conditional use permit, variance or minor exception, when authority to so act has been authorized in the manner prescribed in Section 41-630, subsection (b) of this article, the zoning administrator shall make a written finding which shall specify all facts relied upon in rendering his decision and in attaching conditions and safeguards. A copy of the decision together with the written finding of fact shall be filed with the clerk of the council, with the planning commission, with the city planning department, and mailed to the applicant. All decisions of the zoning administrator on applications for conditional use permits and variances shall be reviewed by the planning commission. All decisions of the zoning admin- istrator on applications for minor exceptions shall be final ORDINANCE NO. NS- 1507 PAGE THIRTEEN and need not be reviewed by the planning commission, except that applications for minor exceptions for the sale of alcoholic beverages for either on-site or off-site consumption shall also be filed with the clerk of the council and may be reviewed by the city council at its discretion and need not be reviewed by the planning commission unless city council requests that such decision be first reviewed by the planning commission. SECTION 14: 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 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, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. SECTION 15: 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 provision 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. ADOPTED this ]9th day of the following vote: November , 1979, by AYES: COUNCILDiEN: Bricken, Luxembourger, Markel, Serrato, Ward NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Griset, Serrato ATTEST: APPROVED AS TO FORM: ~OW, City Attorney MAYOR