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7/19/82
ORDINANCE NO. NS-1654
AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING
SECTIONS 41-73 AND 41-201 OF THE SANTA ANA
MUNICIPAL CODE AND ADDING SECTIONS 41-192.1,
41-192.2, 41-192.3, 41-192.4 AND 41-192.5
THERETO, TO PROVIDE FOR THE REGULATION OF
HOME OCCUPATIONS
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES
ORDAIN AS FOLLOWS:
SECTION 1: That Section 41-73 of the Santa Ana
Municipal Code is hereby amended to read as follows:
Sec. 41-73. Home occupation.
A home occupation is a business conducted within a
dwelling, or within buildings or areas accessory to a dwelling,
by the occupant of the dwelling as a secondary use.
SECTION 2: That the Santa Ana Municipal Code is
hereby amended by adding a section, to be numbered 41-192.1,
which said section reads as follows:
Sec. 41-192.1 Accessory use of dwellings
for home occupations.
A home occupation is permitted as a use accessory
to residential use, provided that it is conducted in compliance
with the regulations set forth in Section 41-192.2, that a
permit has been obtained and remains in effect in accordance
with Sections 41-192.3 through 41-192.5, and that any business
license required by Chapter 21 of this Code has been obtained.
SECTION 3: That the Santa Ana Municipal Code is
hereby amended by adding a section, to be numbered 41-192.2,
which said section reads as follows:
Sec. 41-192.2 Regulation of home occupations.
No person shall conduct any home occupation in
violation of any of the following regulations:
(a) There shall be no signs or other devices identifying
or advertising the home occupation.
ORDINANCE NO. NS- 1654
Page two
(b) There shall be no sales activity, either whole-
sale or retail, except mail order sales.
(c) There shall be no work, storage, or display
outside of any fully enclosed structure.
(d) Nothing associated with the home occupation
shall alter the residential character of the subject property
or nearby residential property.
(e) There shall be no activity which involves
frequent meetings or gatherings of any kind such as may gen-
erate traffic and parking congestion, noise, or disturbances
beyond that which is normal to residential use.
(f) There shall be no use of any mechanical equip-
ment, appliance, or motor outside of an enclosed building or
which generates noise detectable from outside the building in
which it is located.
(g) Only one home occupation shall be conducted on
the subject property.
(h) No more than two persons shall be engaged in
the conduct of the home occupation.
(i) There shall be no dispatching of persons or
equipment from the subject property.
(j) No vehicle used primarily in the conduct of
the business shall be parked or stored on the public street
nor anywhere on the subject property other than an enclosed
garage.
(k) Home occupation activities shall not involve
the use of more than one room or 400 square feet of a dwelling,
whichever is more restrictive, and no garage space shall be
used for the conduct of any home occupation which interferes
with the use of such space for parking of vehicles, if such
use for parking of vehicles is necessary to satisfy the off-
street parking requirements of this Chapter.
SECTION 4: That the Santa Ana Municipal Code is
hereby amended by adding a section, to be numbered by adding
a section, to be numbered 41-192.3, which said section reads
as follows:
ORDINANCE NO. NS-1654
Page three
Sec. 41-192.3 Home occupation permit.
No person shall conduct a home occupation without
having first obtained a home occupation permit from the zoning
administrator. Applications for such a permit shall be filed
by the occupant of the dwelling with the zoning administrator
on such forms as may be provided by the zoning administrator
and shall be accompanied by such filing fee as may be set by
resolution of the City Council. The application shall provide
such information and documentation as the director of planning
and development services shall, by departmental regulation,
determine to be appropriate. The zoning administrator shall
issue the home occupation permit if he determines that the
home occupation will be conducted in accordance with Section
41-192.2 and will not adversely affect the residential character
of the subject property or nearby residential properties;
otherwise, he shall deny the application. The permit, if
granted, shall specifically identify the occupant as permittee
and describe the nature of the home occupation thereby allowed.
Home occupation permits shall not be transferrable by the
designated permittee to any other person.
SECTION 5: That the Santa Ana Municipal Code is
hereby amended by adding a section, to be numbered 41-192.4,
which said section reads as follows:
Sec. 41-192.4 Home Occupation - Revocation.
The zoning administrator may revoke a home occupation
permit, after notice and an opportunity to be heard by the
permittee, upon his determination that the home occupation is
being conducted contrary to the regulations set forth in
Section 41-192.2 or in a manner which adversely affects the
residential character of the subject property or nearby res-
idential properties.
SECTION 6: That
hereby amended by adding
which said section reads
the Santa Ana Municipal Code is
a section to be numbered 41-192.5,
as follows:
Sec. 41-192.5 Home Occupation - Appeals
Any applicant for a home occupation permit whose
application was denied by the zoning administrator, and any
permittee whose permit was revoked by the zoning administrator,
ORDINANCE NO. NS- 1654
Page four
may, within ten (10) days following such decision, appeal
such decision to the planning commission, in which event the
decision of the zoning administrator shall be vacated and the
planning commission shall determine whether to issue or revoke
the permit in accordance with the standards set forth in
Sections 41-192.3 or 41-192.4. The applicant or permittee
shall be given at least five (5) days prior written notice by
the zoning administrator of the time and place at which the
planning commission will consider the application or revocation
and shall be provided an opportunity to be heard by the planning
commission prior to its decision being made. The zoning
administrator or the planning commission may provide such
other notice of a hearing on the matter as they deem appropriate.
An appeal pursuant to this section shall be filed in writing
by the applicant or permittee with the zoning administrator
and shall be accompanied by a fee equal to one-half of the
original application fee. The decision of the planning commission
shall be final with no further right of appeal. Written
statements of such decision shall be filed with the clerk of
the council and the zoning administrator, and mailed to the
applicant or permittee.
SECTION 7: That Section 41-201 of the Santa Ana
Municipal Code is amended to read as follows:
Sec. 41-201 Uses permitted.
(a) Farming, including all types of crop agriculture
and horticulture, grazing, small animal farms, and similar
types of farming, except:
(1) Hog and commercial livestock feeding
ranches (reference sub-section (h)
(7D; 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,
including one unlighted bulletin board or sign not exceeding
ORDINANCE NO. NS-1654
Page five
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 sub-
mitted 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 own expense 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.
(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)
Public utility buildings and structures,
including electric distribution and
transmission substations;
(2) Cemeteries, mausoleums and crematories;
ORDINANCE NO. NS- 1654
Page six
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
Mining, quarrying and other earth ex-
traction industries;
Commercial or public airports and
landing fields;
Private airplane landing fields;
Commercial dairies having herds of
more than five (5) head;
Commercial stables and riding academies;
Feed mills;
Packing plants for whole agricultural
products;
Commercial egg production, candling and
sales; commercial production of poultry,
piegeons and other fowl. Commercial pro-
duction of these products if produced,
raised or fattened on the premises, pro-
vided that any poultry, pigeon or rabbit
enclosure, slaughtering building or place,
shall 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-of-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;
ORDINANCE NO. NS- 1654
Page seven
12) Churches, public institutions, public and
parochial schools and colleges and hospitals;
13) Trailer park or camp;
14)
Family care homes, foster homes, and group
homes which are required to be considered
residential uses of property for zoning pur-
poses 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 : 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 unconsti-
tutional.
SECTION 9: 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
ORDINANCE NO.
Page eight
NS- 1654
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 deposit pursuant to
any ordinance and all rights and obligations thereunder apper-
taining shall continue in full force and effect.
ADOPTED this tst day of ~ng~mh~m , 1982.
ATTEST:
NICE C. GUY,
erk of the CouhciF
COUNCILMEMBERS
Bricken Aye
'Luxembourger
Acosta AyE
Serrato Aye
Griset Aye
Markel
McGuigan
APPROVED AS TO FORM: ·
DWAR J./C gP '
City Attdrne~--