HomeMy WebLinkAboutNS-2299 - Adding Article Divisions and Amending Sections...353
ORDINANCE NO. NS-2299
AN ORDINANCE OF THE CITY OF SANTA ANA
ADDING DIVISION 12A TO ARTICLE III OF
CHAPTER 41 OF THE SANTA ANA MUNICIPAL
CODE TO CREATE THE Cl-MD (COMMUNITY
COMMERCIAL-MUSEUM DISTRICT) DISTRICT,
TO REZONE CERTAIN PROPERTIES LOCATED ON
BOTH SIDES OF MAIN STREET BETWEEN SEVEN-
TEENTH STREET AND SANTA CLARA AVENUE
FROM THE Cl (COMMUNITY COMMERCIAL) AND O
(OPEN SPACE) DISTRICTS TO THE Cl-MD
(COMMUNITY COMMERCIAL-MUSEUM DISTRICT)
DISTRICT (AA NO. 96-7), AND TO AMEND
SECTION 41-1403 OF THE SANTA ANA MUNICI-
PAL CODE TO REVISE THE BUS PARKING RE-
QUIREMENTS FOR ART GALLERIES
WHEREAS, Amendment Application Nol 96-7 has been filed to make
certain changes in the zoning district designations of certain
properties located on both sides of Main Street between Seventeenth
street and Santa Clara Avenue as hereinafter set forth; and
WHEREAS, this Council, prior to adopting this ordinance, has
reviewed the initial environmental study prepared for this project,
and has approved the Negative Declaration for this project based
thereon; and
WHEREAS, this Council after duly noticed public hearing, has
determined that the change in use district designations proposed in
the abovesaid Amendment Application are justified by the public
necessity, convenience and general welfare;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES
ORDAIN AS FOLLOWS:
SECTION 1: That the Santa Ana Municipal Code is hereby
amended by adding a division, to be numbered 12A, (consisting of
sections 41-375, 41-375.1 and 41-375.2) to Article III of Chapter
41 thereof, which said division reads as follows:
DIVISION 12A. Cl-MD (COMMUNITY COMMERCIAL-MUSEUM DISTRICT)
Sec. 4z-375.
&pplioabilit¥ oE ~ivieion.
The C1-MD (Community Commercial-Museum District) district is
specifically subject to the regulations contained in this division.
Such district is also subject to all regulations in this chapter
which apply to property located in the Cl (Community Commercial)
district, except that sections 41-365 and 41-365.5 shall not apply
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--. to the Cl-MD district.
41-375.1. Uses permitted in the C1-MD district.
The following uses are permitted in the Cl-MD district:
(a) Retail and service uses, other than those specified in
section 41-375.2.
(b) Professional, administrative and business offices where
no merchandise is sold.
(c) Medical and dental offices.
(d) Theaters and cinemas.
(e) Gymnasiums and health clubs.
(f)' Travel agencies, with no embarking or disembarking of
passengers.
(g) Art galleries and art and photography studios.
(h) Museums and science centers.
(i) Restaurants, cafes, and eating establishments other than
those specified in section 41-375.2, excluding eating
establishments with drive-thru window service.
(j) Day care and nursery schools.
Sec. 41-375.2 Uses subject to & oondition&l use permit in the Cl-
MD district.
The following uses may be permitted in the Cl-MD 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 41-375.1.
(c) Hotels.
(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) 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 2: That section 41-1403 of the Santa Ana Municipal
Code is hereby amended to read as follows:
Bec. 41-1403. Museums, art galleries, amusement attractions and
libraries.
(a) The minimum off-street parking requirements for museums,
art galleries, amusement attractions and libraries are as follows:
one space for each 250 square feet of floor area open
to the public.
(b) Museums and libraries shall also provide at least one (1)
bus parking stall for each one thousand five hundred (1,500) square
feet of floor area open to the public.
(c) Museums, art galleries and libraries shall also provide a
passenger loading/unloading zone.
SECTION 3: That certain real Property located on both sides
of Main Street between Seventeenth Street and Santa Clara Avenue
and more specifically designated in Exhibit A, attached hereto and
incorporated herein by reference, is hereby reclassified from the
Cl (Community Commercial) and 0 (Open Space) districts to the Cl-MD
(Community Commercial-Museum District) district.
$~CTION 4: Amended Sectional District Maps numbers 1-5-10 and
6-5-9, showing the above described changes in use district designa-
tions,' is hereby approved.
SECTION 5: 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 6: 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
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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 3rd
ATTEST:
d{erk of the Council~ /
day of September , 1996.
COUNCILMEMBERS:
Pulido Aye
Richards6n Aye
Espinoza Non-Vote
Lutz Aye
McGuigan Aye
Mills Aye
Moreno Non-Vote
APPROVED AS TO FORM:
R~chard E: Lay /
Acting City Attorney/
CERTIFICATE OF ORIGINALITY & PUBLICATION
State of California
Countyof Orange
of Santa Ana on
with the Charter of the City of Santa Ana.
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
~- ~.~ ---~ ; and that said ordinance was published in accordance
Date:
Clerk of the C6un~--
City of Santa Ana-' ~
ZOA 96-4/AA 96-7
CITY OF SANTA ANA
EXHIBIT A