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6/3/80
ORDINANCE NO. NS-1540
AN ORDINANCE OF THE CITY OF SANTA ANA
AMENDING SECTIONS 41-313, 41-327, 41-343
41-365, 41-395, 41-412, 41-424, AND 41-442
OF THE SANTA ANA MUNICIPAL CODE TO REQUIRE
A CONDITIONAL USE PERMIT FOR COMMERCIAL BLOOD
BANKS IN THE COMMERCIAL AND PROFESSIONAL ZONES
AND FOR TATTOO PARLORS IN THE COMMERCIAL ZONES
ORDAIN AS
Municipal
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES
FOLLOWS:
SECTION 1: That Section 41-313 of the Santa Ana
Code, is hereby amended to read as follows:
Sec. 41-313. Uses permitted.
Permitted uses are:
(a)
Ail uses permitted in the Ri, R2, and R3H
districts but under the same restrictions and
limitations as specified in sections governing
same~ except for regulations pertaining to
yards which shall be governed by the P district.
(b) The following professional uses:
(1) Accountant.
(2) Attorney.
(3)
Doctor, dentist, optometrist, chiropractor,
and others practicing the healing arts
for human beings.
(4) Engineer, architect, and planner.
(5) Insurance broker and real estate agent.
(6)
Professional photographer not engaged in
the sale of photographic equipment and
supplies.
(7)
Business offices where no merchandise is
sold and which are not more obnoxious or
detrimental to the welfare of the community
than the uses herein enumerated.
(8) Hospitals and clinics, but excluding
mental hospitals.
(9)
Subject to the prior approval of a
conditional use permit, any facility
where payment is offered for blood or
plasma donations.
(c) The following signs:
(1)
Nameplates with defined background not
exceeding one (1) foot by three (3) feet
and with letters or other symbols not
exceeding four (4) square inches, each
signifying the name of the occupant and
his specialty.
ORDINANCE NO. NS-1540
PAGE TWO
(2)
One(l) double-faced sign not to exceed
twelve (12) square feet per side, or two
(2) single-faced signs not to exceed
twelve (12) square feet per side, pertaining
to the rental of multiple dwellings,
clubs, lodges, and similar permitted
uses, or for the sale or lease of the
premises.
(3)
One (1) single-faced sign per building
site, not exceeding twenty (20) square
feet in area, for any use permitted
under subsection (b) of this section
pertaining to the business conducted on
the premises.
(d)
Parking of motor vehicles in connection with
any professional use or for private parking,
except that no cars either new or used shall
be stored for sale or offered for sale or
parked when 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 in said
district and no automobile serviced or repaired
in said district.
SECTION 2: That Section 41-327 of the Santa
Ana Municipal Code, is hereby amended to read as follows:
Sec. 41-327. Uses permitted.
Permitted uses are:
(a) Professional offices.
(b) Administrative offices.
(c)
Business offices where no merchandise is sold
and which are not more obnoxious or detrimental
to the welfare of the community than the uses
herein enumerated.
(d)
Hospitals and clinics, but excluding mental
hospitals.
(e)
The following additional use subject to an
approved conditional use permit as prescribed
in Part 5 of this Chapter:
(1) Churches and accessory church buildings.
(2) Any facility where payment is offered
for blood or plasma donations.
(f) The following signs:
(1)
Name plates with defined backgrounds not
exceeding one (1) foot by three (3) feet
and with letters or other symbols not
exceeding four (4) square inches each
signifying the name of the occupant and
his specialty.
(2)
One (1) double face sign not to exceed
twelve (12) square feet per side, or two
(2) single face signs not to exceed
twelve (12) square feet per side, pertaining
to clubs, lodges, and similar permitted
uses, or for the sale or lease of the
premises.
ORDINANCE NO. NS- 1540
PAGE THREE
(3)
One (1) single face sign per building
site, not exceeding twenty (20) square
feet in area, for any use permitted
under Paragraphs (a) through (d) of this
Section pertaining to the business
conducted on the premises.
(g)
Parking of motor vehicles in connection with
any professional use for private parking,
except that no cars, new or used, shall be
stored for sale, or offered for sale, or
parked when such cars bear signs, words, or
figures indicating that the same may be for
sale; no hydrocarbon substance or other
property of any kind may be sold in said
District and no automobile may be serviced or
repaired in said district.
SECTION 3: That section 41-343 of the Santa
Aha Municipal Code, is hereby amended to read as follows:
Sec. 41-343. Uses permitted.
Permitted uses are:
(a)
Official and public uses of property and
related activities such as civic center
buildings, auditoriums, and similar public
structures.
(b)
Ail uses permitted in the P district provided
multiple-family dwellings and apartments
shall be subject to section 41-275 and section
41-277 of the R3H district, and provided
further that any facility where payment as
offered for blood or plasma donations shall
be permitted only subject to approval of a
conditional use permit for such use.
(c)
Accessory commercial uses in conjunction with
the above provided that such uses shall be
traditionally incidental to and secondary to
uses permitted in subsections (a) and (b) of
this section.
SECTION 4: 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
consumption 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.
ORDINANCE NO. NS - 1540
PAGE FOUR
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
Automobile sales lots, both new and used
but excluding trailers, boats and tractors
(semitrucks).
Buildings of public assemblage limited
to churches, chapels, mortuaries and
theaters.
Clubs, fraternal organizations and
unions.
Hospitals, clinics, sanitariums, including
animal hospitals.
Nurseries.
Gymnasiums, outdoor miniature golf
courses, regulation golf courses and
driving ranges.
Public buildings and public utility
structures including electric distribution
and transmission substations.
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.
Schools and studios operated for commercial
and public purposes.
Day nurseries.
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.
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.
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.
ORDINANCE NO. NS-1540
PAGE FIVE
(iii)
Outdoor and indoor recreational
uses not set forth in subsection
(c), paragraph (7) hereinabove.
(iv) Temporary directional signs.
(v) Adult bookstores.
(vi)
Dwelling units when erected above
the ground floor of a commercial
structure when the ground floor is
devoted exclusively to nonresidential
use.
(vii)
Hotels, motels, lodging
houses, care homes, fraternity
houses, and sorority houses.
(viii) Any facility where payment is
offered for blood or plasma donations.
(ix) Tattoo parlors.
SECTION 5: 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.
(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.
(4)
Hotels, motels, lodging houses, care
homes, fraternity houses and sorority
houses.
(5) Any facility where payment is offered
for blood or plasma donations.
(6) Tattoo parlors.
SECTION 6: 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 the following uses shall require the
issuance of an approved conditional use permit:
(1) Adult bookstores
ORDINANCE NO. NS- 1540
PAGE SIX
(2)
Hotels,
homes,
houses.
motels, lodging houses, care
fraternity houses and sorority
(3) Any facility where payment is offered
for blood or plasma donations.
(4) Tattoo parlors.
SECTION 7: That section 41-424 of the Santa
Aha Municipal Code, is hereby amended to read as follows:
Sec. 41-424. Uses permitted.
Permitted uses are:
(a)
(b)
Administrative and professional offices.
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.
(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)
Miniature golf courses but excluding all
other outdoor recreational facilities
including carnivals and circuses.
(6)
Public buildings and public utility
structures including electric distribution
and transmission substations.
(7)
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.
(8) Schools and studios operated for commercial
and public purposes.
(9) Day nurseries.
(10) Signs permitted in the C-1 district.
ORDINANCE NO. NS-1540
PAGE SEVEN
(11)
The printing, publishing and circulation
of a newspaper, including plant and
office.
(12)
The following uses, subject to the
issuance o~ an approved con~£~ional uso
permit:
(a) Adult bookstore
(b)
Hotels, motels, and lodging houses,
care homes, fraternity houses and
sorority houses.
(c)
Dwelling units when erected above
the ground floor of a commercial
structure when the ground floor is
devoted exclusively to nonresidential
uses.
(d) Any facility where payment is
offered for blood or plasma donations.
(e) Tattoo parlors.
(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 8: 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),
and subject to subsection (b) hereinbelow:
(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.
(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.
(b)
The following uses are permitted subject to
the issuance of an approved conditional use
permit:
(1) Adult bookstores.
ORDINANCE NO. NS-1540
PAGE EIGHT
(2) Condominiums and condominium conversions
for residential purposes.
(3) Hotels, motels, lodging houses, care
homes, fraternity houses, and sorority
houses.
(4)
Service stations, if integrated into a
larger development site and accessible
only by limited access ways serving the
larger site as a whole.
(5) Any facility where payment is offered
for blood or plasma donations.
(6) Tattoo parlors.
SECTION 9: 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 10: 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 2ndday of
by the following vote:
September , 1980,
AYES:
NOES:
COUNCILMEN:
COUNCILMEN:
Bricken, Griset, Luxembourger,
Serrato, Ward, Yamamoto
None
ABSENT: COUNCILMEN: Markel
ATTEST:
EDWARD J.$COO~
City Attorney