HomeMy WebLinkAboutNS-2276 - Amending Sections of the Santa Ana Municipal Code to Require a Conditional Use Permit for the All-Night Operation of Small Retail MarketsORDINANCE NO. NS-2276
AN ORDINANCE OF THE CITY OF SANTA ANA
AMENDING SECTIONS 41-365.5, 41-403, 41-
412.5, 41-424.5, AND 41-442.5 OF THE
SANTA ANA MUNICIPAL CODE TO REQUIRE A
CONDITIONAL USE PERMIT FOR THE ALL-NIGHT
OPERATION OF SMALL RETAIL MARKETS
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS
FOLLOWS:
$~CTION 1: That section 41-365.5 of the Santa Ana Municipal
Code is hereby amended to read as follows:
sec. 41-365.5 Uses subject to a conditional use permit in the Cl
district.
The following uses may be permitted in the C1 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.
(g)
Laundromats, subject to the development and performance
standards set forth in section 41-199.
(h)
Retail markets having less than twenty thousand (20,000)
square feet of floor area which are open at any time
between the hours of 12:00 midnight and 5:00 a.m.
ORDINANCE NS-2276
Code
Bec.
SECTION 2: That section 41-403 of the Santa Ana Municipal
is hereby amended to read as follows:
41-403. Useu subject to a conditional use permit in the C3-
A district.
The following uses may be permitted in the C3-A
subject to the issuance of a conditional use permit:
(a) Live/work communities.
district
(b) Schools.
(c) Ceramic and pottery studios.
(d) Glass blowing and sculpturing studios.
(e) Retail markets having less than twenty thousand (20,000)
square feet of floor area which are open at any time
between the hours of 12:00 midnight and 5:00 a.m.
SECTION 3: That section 41-412.5 of the Santa Ana Municipal
Code is hereby 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:
(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.
(e) Laundromats, subject to the development and performance
standards set forth in section 41-199.
(f)
Retail markets having less than twenty thousand (20,000)
square feet of floor area which are open at any time
between the hours of 12:00 midnight and 5:00 a.m.
O DZ ANC S-2276
SECTION 4: That section 41-424.5 of the Santa Ana Municipal
Code is hereby amended to read as follows:
Sec. 41-424.5. Uses subject to a condltlonal 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 distribu-
tion 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.
(k) Laundromats, subject to the development and performance
standards set forth in section 41-199.
(1)
Retail markets having less than twenty thousand (20,000)
square feet of floor area which are open at any time
between the hours of 12:00 midnight and 5:00 a.m.
192 ORDINANCE NS-2276
SECTION 5: That section 41-442.5 of the Santa Ana Municipal
Code is hereby 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:
(a) Hotels, motels, lodging houses, care homes, fraternity
houses and sorority houses.
(b)
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.
(c) Indoor swap meets, bulk merchandise stores, and home
improvement warehouse stores.
(d)
(e)
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.
Retail markets having less than twenty thousand (20,000)
square feet of floor area which are open at any time
between the hours of 12:00 midnight and 5:00 a.m.
SECTION 6: No retail market having less than twenty thousand
square feet of floor area shall operate between the hours of 12:00
midnight and 5:00 a.m. after the effective date of this ordinance
without a conditional use permit to do so, unless it has actually
operated during all or part of those hours on a regular basis prior
to the said effective date, regardless of whether a building permit
has been issued by the City of Santa Ana prior to said effective
date for the construction of such a retail market.
SECTION 7: 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 8: 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
ORDINANCE NS-2276
193
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~p~nalty 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 ~ day of
ATTEST:
rk of the Counci/~/
December , 1995.
COUNCILMEMBERS:
Pulido Aye
Richardson Aye
Espinoza Abstained
Lutz Aye
McGuigan Aye
Mills Absent
Moreno Absent
APPROVED AS TO FORM:
Edward'-J. (~er
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-~ - o7 ~ 7~ to be the original ordinance adopted by the City Council of the City
of Santa Ana on /02 - / J'--~J'- ; and that said ordinance was published in accordance
with the Charter of the City of Santa Aha.
Date: 5
/// Clerk of th[-C~ncil/,--~
c, City of Santa Aha ? ~/