HomeMy WebLinkAboutNS-2213 - Amending Sections of the Santa Ana Municipal Code to Require a Conditional Use Permit for Eating Establishments Near to Residential Property...011
ORDINANCE NO. NS-2213
AN ORDINANCE OF THE CITY OF SANTA ANA
AMENDING SECTIONS 41-365.5, 41-412.5,
41-424.5, 41-442.5, AND 41-688 OF THE
SANTA ANA MUNICIPAL CODE TO REQUIRE A
CONDITIONAL USE PERMIT FOR EATING
ESTABLISHMENTS NEAR TO RESIDENTIAL
PROPERTY WHICH ARE OPEN FOR BUSINESS
BETWEEN 12:00 A.M. AND 5:00 A.M.
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS
FOLLOWS:
SECTION 1: That section 41-365.5 of the Santa Ana Municipal
Code is amended to read as follows:
Sec. 41-365.5 Uses subject to a conditional use permit in the C1
district.
The following uses may be permitted in the Cl district subject
to the issuance of a conditional use permit:
(a) clubs.
(b) Outdoor and indoor recreational or entertainment uses
other than those set forth in section 41-365.
(c) Hotels, motels, lodging houses, care homes, fraternity
houses and sorority houses.
(d) Thrift shops.
(e) Eating establishments with drive-through window service.
(f) Eating establishments open at any time between the hours
of 12:00 midnight and 5:00 a.m. and located within 150
feet of residentially zoned or used property, measured
from property line to property line.
SECTION 2: That section 41-412.5 of the Santa Ana Municipal
Code is amended to read as follows:
Sec. 41-412.5. Uses subject to a conditional use permit in the C4
district.
The following uses may be permitted in the C4 district subject
to the issuance of a conditional use permit:
ORDINANCE NS-2213
Page 2
(a) Hotels, motels, lodging houses, care homes, fraternity
houses and sorority houses.
(b) Indoor swap meets, bulk merchandise stores, and home
improvement warehouse stores.
(c) Eating establishments with drive-through window service.
(d)
Eating establishments open at any time between the hours
of 12:00 midnight and 5:00 a.m. and located within 150
feet of residentially zoned or used property, measured
from property line to property line.
SECTION 3: That section 41-424.5 of the Santa Ana Municipal
Code is amended to read as follows:
Sec. 41-424.5. Uses subject to a conditional use permit in the C5
district.
The following uses may be permitted in the C5 district subject
to the issuance of a conditional use permit:
(a) Hotels, motels, lodging houses, care homes, fraternity
houses, and sorority houses.
(b)
Dwelling units when erected above the ground floor of a
commercial structure when the ground floor is devoted
exclusively to nonresidential uses.
(c) Hospitals.
(d) Public utility structures, including electric
distribution and transmission substations.
(e) Eating establishments with drive-through or walk-up
window service.
(f) Service stations and automobile servicing.
(g) Car wash establishments, provided they are wholly
enclosed.
(h) Laundries.
(i) Indoor swap meets, bulk merchandise stores, and home
improvement warehouse stores.
(J)
Eating establishments open at any time between the hours
of 12:00 midnight and 5:00 a.m. and located within 150
feet of residentially zoned or used property, measured
from property line to property line.
ORDINANCE NS-2213 015
Page 3
SECTION 4: That section 41-442.5 of the Santa Ana Municipal
Code is amended to read as follows:
Sec. 41-442.5. Uses subject to a conditional use permit in the CR
district.
The following uses may be permitted in the CR district subject
to the issuance of a conditional use permit:
homes, fraternity
Hotels, motels, lodging houses, care
houses and sorority houses.
Service stations, provided they are integrated into a
larger development site and accessible only by limited
access ways serving the larger site as a whole.
(a)
(b)
(c) Indoor swap meets, bulk merchandise stores, and home
improvement warehouse stores.
' s
(d) Eating establishment open at any time between the hours
of 12:00 midnight and 5:00 a.m. and located within 150
feet of residentially zoned or used property, measured
from property line to property line.
SECTION 5; The Santa Ana Municipal Code is hereby amended by
adding a section to be numbered 41-688, which said section reads as
follows:
Sec. 41-688. Late-night eating establishments.
From and after the date occurring two (2) years after the date
of adoption of the ordinance adding this section to the municipal
code, no eating establishment which is a nonconforming use by
reason of being open for business at any time between the hours of
12:00 midnight and 5:00 a.m. shall continue to operate during such
hours unless a conditional use permit to do so has been granted to
such establishment.
SECTION 6: 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 Aha 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 7: 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
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017
ORDINANCE NS-2213
Page 4
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 18th day of
ATTEST:
~C l~en~eo~' t~YcLun '~J
January , 1994 .
Mayor g"3 /
COUNCILMEMBERS:
Young Aye
Pulido Aye
Lutz Aye
McGuigan Aye
Mills Aye
Moreno Aye
Richardson Aye
APPROVED AS TO FORM:
city Attorney
CERTIFICATE OF ORIGINALITY & PUBLICATION
State of California
County of Orange
I, JANICE C. GUY, Clerk of the Council, do hereby certify the attached Ordinance
to be the original ordinance adopted by the City Council of the City
of Santa Aha on / //~'/t; ~.Z ; and that said ordinance was published in accordance
i
with the Charter of the City of Santa Aha.
Date:
he Cdun~F-7"--
City of Santa Anak J