HomeMy WebLinkAboutNS-2476 - Amending Midtown Specific Plan to Allow Drive-Through Automated Teller Machines in the Community and Specialty District as Conditional UseORDINANCE NO. NS-2476
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA AMENDING THE MIDTOWN SPECIFIC PLAN
TO ALLOW DRIVE-THROUGH AUTOMATED TELLER
MACHINES IN THE COMMUNITY AND SPECIALTY
DISTRICT AS A CONDITIONAL USE
CN: 07/08/01
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES HEREBY ORDAIN
AS FOLLOWS:
Section 1: The City Council of the City of Santa Ana hereby finds, determines
and declares as follows:
A. The Midtown Specific Plan (Specific Plan No. 3) was adopted by the City
Council on December 2, 1996, by Ordinance No. NS-2308.
B. The presence of financial institutions is beneficial to the community and the
ATM's represent an ancillary but necessary component of these institutions.
C. The introduction of drive-through ATM's will not alter the intention of the
Midtown Specific Plan to encourage pedestrian activity in the area.
Section 2. The following language to page 57 of the Midtown Specific Plan
under the heading "Conditionally Permitted Uses" is hereby amended such that it reads
as follows (new language in bold):
"The following uses may be permitted subject to the issuance of a Conditional
Use Permit pursuant to the Santa Aha Municipal Code.
1. Parking lots and parking structures.
2. Places of worship provided they are located in freestanding buildings only.
3. Night clubs, bars and indoor entertainment, whether freestanding or part of
another permitted or conditionally permitted use.
4. Collectible and antique shops, not included thrift and pawn shops.
5. Parking lots and parking structures, except on Main Street.
6. Laundromats.
Ordinance No. NS-2476
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7. Food uses open between 12 midnight and 5:00 a.m. within 150 feet of ~
residential property.
8. Banquet facilities.
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Drive-through automated teller machines (ATM) as ancillary to a bank or
other financial institution, provided, however, that no drive-through ATM
shall be located within one hundred fifty (150) feet of residentially zoned
property, measured from property line to property line."
Section 3: 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 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 16th day of July , 2001.
Patricia A. McGuigan ~, \
Mayor Pro Tern
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
By: i ~
Be~a
Ghiel
?
in
ssistant City Attorney
Ordinance No. NS-2476
Page 2 of 3
AYES:
NOES:
ABSTAIN:
NOT PRESENT:
Councilmembers: Alvarez, Bist, Christy, Franklin, McGuigan, Solorio
Councilmembers: None
Councilmembers: None
Councilmembers: Pulido
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify that the
attached Ordinance No. NS-2476 to be the original ordinance adopted by the City
Council of the City of Santa Ana on July 16, 2001, and that said ordinance was
published in accordance with the Charter of the City of Santa Ana.
Date:
Clerk of the Council
City of Santa Ana
Ordinance No. NS-2476
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