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Home My WebLink AboutNS-1708ORDINANCE NO. NS- 1708 REL:adg 9/30/83 Rev. 11/18/83 AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING SECTIONS 41-33, 41-366, 41-378, 41-396, 41-413, 41-425 AND 41-473 OF THE SANTA ANA MUNICIPAL (]ODE, AND ADDING SECTION 41-194 THERETO, TO REVISE THE ZONING REGULATIONS PERTAINING TO THE OPERATIONAL STANDARDS FOR BUSINESS ACTIV- ITIES IN THE O3MMERCIAL AND LIGHT INDUSTRIAL ZONES THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1: That section 41-33 of the Santa Ana Municipal Code is hereby an~nded to read as follows: Sec. 41-33 Business; business activity Business is any enterprise or livelihood whereby goods, services, use of property or facilities, or other valuable consideration is offered, or advertised as available, to the public, or any segment thereof, in exchange for payment of money or other valuable consideration, whether or not such enterprise or livelihood is carried out for profit, and includes, but is not limited to, the ownership or management of stores, shops, offices, and recrea- tional or amusement centers, and the use of offices by members of professions and trades rendering services. A business activity is any conduct or practice which forms part of, or is incidental to, the operation of a business, includ- ing, but not limited to, the storage or display of goods for purposes of future sale. SECTION 2: That the Santa Ana Municipal Code is hereby amended by adding a section, to he numbered 41-194, which said section reads as follows: Sec. 41-194. Outdoor business activities. (a) If, and to the extend that, the following business uses are per- mitted in a use district, then the corresponding business activities shall he permitted to be located or conducted outside of an enclosed building as part of, or incidental to, the use: (1) Any business use: vehicular and pedestrian access and parking areas, and trash disposal areas. (2) Any business use: signs and newsracks as permitted by the sign and newsrack regulations contained in this Code. ORDINANCE NO. NS- 1708 PAGE TWO (3) Public utilities: distribution and transmission lines and accessory structures. (4) Service stations: pump islands, and the minor vehicle services customarily incidental to the purchase of vehicle fuel at pu~p stations. (5) Day nurseries: playground areas. (6) Restaurants, cafes, a~d other establishments where food and drink is sold for consumption on the premises: the food and drink purchasing areas and dining areas of such establishments. (b) Goods displayed in a covered recessed entryway shall be dsemed to be located within an enclosed building if they are located inside of a vertical plane extendin~ between the ground and the outermost part of the roof of the entryway excluding canopies and similar projections. SECTION 3: That section 41-366 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 41-366. Operational standards. (a) All business activities shall he conducted and located within an enclosed building, except as otherwise provided in section 41-194, and except that the following business activities, to the extent permitted under section 41-365, may be conducted outsid~ of an enclosed building: (1) Nurseries (2) Automobile sales (3) Recreational uses (b) Storage of goods and supplies shall be limited to those sold at retail on the premises or utilized in the course of business. (c) Public utility electric distribution and transmission substations shall be screened by a fence at least six feet high, except as restricted by sections 36-45, 36-46, and 36-47 of this Code o (d) No sales shall be made directly frema building to persons on a public sidewalk, either through a window or similar opening cr by m~ans of any coin-operated device. ORDINANCE NO. NS- 1708 PAGE THREE SECTION 4: That section 41-378 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 41-378. Operational standards. (a) All business activities shall be conducted and located within an enclosed building, except as otherwise provided in section 41-194, and except that the following business activities, to the extent permitted under section 41-377, may be conducted outside of an enclosed building: (1) Nurseries (2) Automobile sales (3) Recreational uses (4) Light equipment rental (5) Truck, trailer, tractor and boat sales (b) No sales shall be made directly from a building to persons on a public sidewalk, either through a window or similar opening or by means of a coin-operated device. SECTION 5: That section 41-396 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 41-396. Operational standards. (a) All business activities shall be conducted or located within an enclosed building, except as otherwise provided in section 41-194, and except that the following business activities, to the extent permitted under section 41-395, may be conducted outside of an enclosed building. (1) Nurseries (2) Automobile sales (3) Light equipment rental (4) Truck, trailer, tractor, and boat sales. (5) News stands (6) Flower stands (b) No sales shall be made directly from a building to persons on a public sidewalk, either through a window or similar opening or by means of a coin-operated device. ORDINANCE NO. NS- 1708 PAGE FOUR SECTION 6: That section 41-413 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 41-413. Operational standards (a) All business activities shall be conducted or located within an enclosed buildin(3, except as otherwise provided in section 41-194, and except that the followin~ business activities, may be conducted outside of an enclosed building: (1) News stands (2) Flower stands (b) There shall be no manufacturing, processing, compounding, asse~olin~ or treatment cf any material or product other than that which is clearly incidental to a particular retail enterprise, and where such goods are sold on the premises. (c) A concrete block wall not less than five (5) feet nor more than six (6) feet in height shall be erected along any lot line con- tiguous to any residentially zone property, except that such wall shall not exceed the height limitations prescribed in section 41-610. This requirement may be waivedby the planning c~'mission upon a find- ing that the abutting property is in a period of transition to non- residential use, or that, due to special circumstances, the wall would not promote the public health, safety, or welfare. SECTION 7: That section 41-425 of the Santa Ana Municipal Code is hereby amended to read as follows: sec. 41-425 (a) All business activities shall be conducted or located within an enclosed building, except as otherwise provided in section 41-194. (b) Storage of goods and supplies shall be limited to those sold at retail on the premises or utilized in the course of business. SECTION 8: That section 41-473 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 41-473. Operational standards. (a) Any activity permitted in this district shall be conducted in such a manner as not to have a detrimental effect on permissible adja- cent uses by reason of refuse matter, noise, light, vibration, or mainte- nance of greunds or buildings. ORDINANCE NO. NS- 1708 PAGE FIVE (b) Outdoor storage of materials, products or equiument uses, produced or manufactured by a permitted use shall be located adjacent to the rear or side of the main buildings, and said storage area shall be screened by a solid fence or wall not less than six (6) feet in height. (c) When front and side yards are required as set forth in section 41-475 and section 41-476, said front and side yards shall be landscaped. (d) Any permitted uses to be established on a lot in the M-1 District, the rear or side lot line of which abuts property situated in any R District, shall be required to erect and maintain a solid wall or fence not l~ss than six (6) feet in height along such rear or side lot line. (e) Public utility electric distribution and transmission sub- stations shall be enclosed within a solid wall or chain link fence not less than six (6) feet in height. (f) Any person building, erecting, altering or replacing any article, machine, equipment or other contrivance, the use of which may cause the issuance of air contaminants, shall prior to the issuance of building permit, present the planning department with a written state- ment from the office of the air pollution control officer of the air pollution control district of Orange County stating that said use shall meet with the regulations of said air pollution control district. (g) All major co~pounding, processing, packaging or assembly of articles of merchandise, and treatment of products, shall be con- · ducted within a c~letely enclosed building. 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 or com~tent jurisdic- tion, such decision shall not affect the validity of the remainin~ p~rtions 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 m~re sections, subsections, sentences, clauses, phrases, or portions be declared invalid or un- constitutional. ORDINANCE NO.NS- 1708 PAGE SIX 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 c(m~aitted prior to the effective date hereof, nor be construed as affecting any of the pro- visions 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 case deposit in lieu thereof, required to be posted, filed or deposit pursuant to any ordinance and all rights and obligations thereunder appertaining shall continue in full force and effect. ADOPTED this ]9th day of December 1983. COUNCI LMEMBERS: Luxembourger Aye Acosta Nay Bricken Aye Griset Aye Johnson Aye McGuigan Aye Young Aye APPROVED AS TO FOI~4: CITY ~'i~ORNMY-~