HomeMy WebLinkAbout2 - ZOA2018-04_CHAPTER 41 AMENDMENTS2-1
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ORDINANCE NO. NS-XX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SANTA ANA AMENDING SECTIONS 41-150.5, 41-
199.4, 41-365, 41-365.5, 41-412.5, 41-424, 41-424.5, 41-
521, 41-522, 41-584, and 41-584.5 (Schools), 41-160 AND
DIVISION 6 OF ARTICLE III (TOWNHOUSE
DEVELOPMENT STANDARDS), 41-246, 41-247.5, 41-249,
41-250 AND 41-251 (TWO-FAMILY RESIDENCE/R2), AND
41-668 (DEVELOPMENT PROJECT PLAN) OF THE
SANTA ANA MUNICIPAL CODE, AND GENERAL
PROVISIONS OF SPECIFIC DEVELOPMENT NO. 19 (SD-
19)/FRENCH PARK AND SPECIFIC DEVELOPMENT NO.
40 (SD-40)/HENINGER PARK
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds, determines
and declares as follows:
A. Various sections of Chapter 41 (Zoning) of the Santa Ana Municipal Code
(SAMC) have been revised periodically over the last several years to respond
to changes in development, to adopt new permitting procedures, and to
comply with changes to State and Federal laws. In a continuing effort to
establish high-quality development standards and to create a user-friendly
environment for residents and the business community within the City, the
Planning Division is proposing revisions to various sections of Chapter 41
(Zoning) of the SAMC and to Specific Development 19 (SD-19)/French Park
and Specific Development No. 40 (SD-40)/Heninger Park.
B. After a thorough analysis of the current code requirements in the City, staff
identified several sections of the code for amendments necessary to ensure
clear, uniform, and legally consistent regulations. The proposed amendments
will enable the City to implement a regulatory framework that protects the
health, safety and welfare of the City and limits undue strain on home owners,
business operators and developers.
C. On December 10, 2018, the Planning Commission held a duly noticed public
hearing and voted to recommend that the City Council adopt Zoning
Ordinance Amendment No. 2018-04.
D. The City Council, on January 15, 2019, held a duly noticed public hearing on
this ordinance and has considered all testimony presented thereto.
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Section 2. The proposed ordinance has been reviewed with respect to
applicability of the California Environmental Quality Act (“CEQA”) and the State CEQA
Guidelines (California Code of Regulations, Title 14, Section 15000 et seq.). The project
is exempt from CEQA as it can be seen with certainty that there is no impact on the
environment [Section 15061(b) (3)] and a Notice of Exemption will be filed upon
adoption of this ordinance.
Section 3. Section 41-150 (Reserved) of Chapter 41 of the SAMC is hereby
amended to read as follow:
Sec. 41-150.5. – Reserved Schools.
A school means any public, charter, or private educational facility for elementary,
middle, junior high, and high school, serving kindergarten through twelfth grade
students, including denominational and sectarian, boarding schools, and military
academies, but does not include preschools and child day care uses as defined in
Section 41-42.5.
Section 4. Section 41-160 (Townhouse) of Chapter 41 the SAMC is hereby
amended to read as follow:
Sec. 41-160. – Townhouse.
A townhouse is a dwelling unit located in a group of three (3) or more attached dwelling
units with no dwelling unit located above or below another and with each dwelling unit
having its own exterior entrance.
A townhouse is a single-family dwelling unit that:
(a) is constructed in a group of three (3) or more attached dwelling units;
(b) extends from foundation to roof with a yard or public way on two or more
sides; and
(c) has its own exterior entrance.
Section 5. Section 41-199.4 (Schools) of Chapter 41 of the SAMC is hereby
added to read as follow:
Sec. 41-199.4. – Schools
Notwithstanding any other provisions of this Chapter, schools, as defined by Sec. 41-
150.5, may be conducted in the R1, R2, R3, R4, RE, O, C1, C2, C4, C5 and CSM
zoning districts, provided they are developed in accordance with the limitations
hereinafter set forth, and provided a conditional use permit if first obtained in
accordance with Sections 41-630 through 41-651 of this Chapter. Schools shall not be
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permitted in a specific development, specific plan, or other districts unless explicitly set
forth as a permissible use.
A conditional use permit shall be issued in accordance with Section 41-630 through 41-
651 only if the following requirements are met:
(a) The orientation of buildings and the positioning of other elements on site,
such as entries, fences, parking lots, and driveways are designed to
minimize traffic and noise impacts on adjacent properties.
(b) Outdoor activity areas are not located within the required front or side yard
area and are designed to minimize noise impacts on adjacent uses.
(c) Safe pedestrian paths are provided from all parking areas to the primary
entrance(s) of all buildings used primary by students and faculty/staff.
(d) Student pick up/drop off areas do not interfere with on-site and off-site
vehicular and pedestrian circulation.
(e) The applicant has provided the following studies to the Planning Division
and any other documents as requested by the Planning Manager that
have been deemed appropriate:
(1) Traffic Impact Analysis and Traffic Management Plan,
(2) School Management and Operation Plan, and
(3) Noise Study.
Section 6. Section 41-246 (Applicability of regulations) of Chapter 41 of the
SAMC is hereby amended to read as follow:
Sec. 41-246. – Applicability of regulations.
R-2 (Two-Family Residence) districts are specifically subject to the regulations
contained in this Division, except that one-family dwelling unit on a single lot is are
subject to the design and development standards set forth in Division 3 of this Article,
townhouses are subject to the design and development standards set forth in Division 6
of this Article, and nonresidential uses allowed under section 41-247.5 are subject to the
design and development standards set forth in Division 12 of this Article.
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Section 7. Section 41-247.5 (Uses subject to a conditional use permit in the
R2 district) of Chapter 41 of the SAMC is hereby amended to read as follow:
Sec. 41-247.5. – Uses subject to a conditional use permit in the R2 district.
(a) Any use which may be permitted in the R1 district subject to the issuance
of a conditional use permit pursuant to Section 41-232.5 may likewise be
permitted in the R2 district subject to a conditional use permit.
(b) Care homes, as defined by Section 41-41.5 of this Chapter, which
previously were permitted pursuant to a validly issued conditional use
permit and subsequently lost the permitted use pursuant to the provisions
of this Chapter.
(c) Townhouse of thirty-five (35) feet or three (3) stories in height, whichever
is less, as measured from the lowest adjacent grade of the structure to the
top of the structure.
Section 8. Section 41-249 (Front yards in the R2 district), Section 41-250
(Side yards in the R2 district) and Section 41-251 (Rear yards in the R2 district) of
Chapter 41 of the SAMC is hereby amended to read as follow:
Sec. 41-249. – Front yards in the R2 district.
There shall be a front yard of not less than twenty (20) feet from the street. If there are
two (2) single-family detached units on a site, the front yard of the rear unit adjacent to
the rear yard of the front unit shall be not less than ten (10).
Sec. 41-250. – Side yards in the R2 district.
There shall be a Each side yard shall be of not less than five (5) feet for each building
from the street. On corner lots, the side yard on the street side shall be not less than ten
(10) feet for each building from the street. The restrictions on nonconforming buildings
set forth in Article VI of this Chapter shall not apply to buildings which are
nonconforming solely for the reason that they do not have interior side yards meeting
the standard set by this Section, provided the interior side yards of such building are at
least three (3) feet wide.
Sec. 41-251. – Rear yards in the R2 district.
There shall be a rear yard of not less than fifteen (15) feet for each dwelling unit from.
Such rear yard may be reduced to not less than ten (10) feet in width, provided that the
development site it has at least one thousand two hundred (1,200) square feet of open
space area, exclusive of front and side yard areas.
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Section 9. Division 6 (Townhouse Standards) of Article III of Chapter 41 of the
SAMC is hereby amended to read as follow:
DIVISION 6. – TOWNHOUSE DEVELOPMENT STANDARDS
Sec. 41-273. – Applicability of division.
Townhouse developments are specifically subject to the regulations contained in this
division.
Sec. 41-274. – Minimum development site size.
The minimum development site size shall be twelve thousand (12,000) square feet of
contiguous land, with a minimum street frontage of one hundred (100) feet.
Sec. 41-275. – Minimum lot area per unit.
The minimum lot area shall be three thousand (3,000) square feet per unit.
Sec. 41-277. – Building height.
(a) No primary structure shall exceed twenty-seven (27) feet or two (2) stories
in height, as measured from the lowest adjacent grade of the structure to
the top of the structure, unless a conditional use permit is approved by the
Planning Commission to allow thirty-five (35) feet or three (3) stories in
height.
(b) Accessory structures shall not exceed fifteen (15) feet or one (1) story in
height.
Sec. 41-278. – Lot coverage.
No more than fifty (50) per cent of the lot shall be covered by structures.
Sec. 41-279. – Front yard.
Each townhouse Front yard shall have a front yard of not be less than twenty (20) feet.
Sec. 41-280. – Side yard.
Each sSide yard of a townhouse shall be not be less than ten (10) feet. Side yards
which front on a local street shall be a minimum of ten (10) feet. Side yards that front on
an arterial street shall be a minimum of fifteen (15) feet.
Sec. 41-281. – Rear yard.
Each townhouse Rear yard shall have a rear yard of not be less than fifteen (15) feet.
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Sec. 41-282. – Off-street parking.
(a) Off-street parking shall be provided comply per Table 41-282. as follows:
Table 41-282 Townhouse Development Parking
Standards
# of Bedrooms # of Required Off-Street Parking
2 bedrooms
2.0 garage spaces per unit
3 or more
bedrooms
2.0 garage spaces per unit and 1.0
(covered or uncovered) space per unit,
plus 0.5 spaces per each bedroom
over 3 bedrooms.
# of Guest Parking
1. 0.5 spaces per unit
1. Required garage spaces may be tandem spaces
2. If the parking ratio is not a whole number, the number of
required parking shall be the next higher whole number.
(b) Site Access and Circulation.
(1) Site access shall be primarily from side streets or alleys. If access
from side streets or alleys is not possible due to lot location and/or
configuration; vehicular access shall be constructed so as to
minimize the disruption of the pedestrian right-of-way on the
primary streets.
(2) Garages shall be accessed from internal private driveways or
alleys.
(3) A garage shall have access directly into the dwelling unit or into the
private yard area of the dwelling unit.
(1) Each unit shall have two (2) spaces in a garage.
(2) Garages shall not face the street.
(3) A garage shall have access directly into the townhouse or into the private
yard area of the townhouse.
(4) Two (2) guest spaces shall be provided for each townhouse.
Sec. 41-283. – Open space.
For a townhouse development, both pPrivate and common open space shall be
provided within the project. Minimum open space requirements for townhouse
developments are as follows:
(1) Private open space:
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(a) Shall be a single pPrivate open space shall be no less than two
hundred fifty (250) square feet per unit, with a minimum dimension
of ten (10) six (6) feet in each direction.
(b) Shall be at the ground level.
(cb) Private open space Sshall be accessible from the unit's kitchen,
dining area, den, family room, master bedroom and/or living room.
(2) Common open space:
(a) Shall be a single cCommon open space shall be equivalent to no
less than two hundred fifty (250) square feet per unit, with a
minimum of fifteen (15) feet in each direction.
(b) Is in addition to yard areas. Front, side and rear yards may shall not
be counted to satisfy this requirement.
Sec. 41-284. – Fences.
(a) A fence plan for any townhouse development project shall be submitted
for review and approval to the Planning Manager or his/her designee. The
fence plan shall include, but is not limited to, the following:
(1) The plan shall delineate and dimension the location, size and
materials of all fences.
(2) The plan shall provide elevations demonstrating the architectural
compatibility of the proposed fences with the proposed project.
(3) The plan shall include installation specifications ensuring long term
quality of the proposed fencing.
(b) Fences shall not be located within the required front yard setbacks
or located within ten (10) feet of the side property line on any street-
oriented side yard.
Sec. 41-285. – Building separation.
The building separation between primary structures shall be not less than twenty (20)
fifteen (15) feet.
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Sec. 41-286. – Access.
(a) Each townhouse shall have a minimum of forty (40) per cent of the living
area and be accessible from ground level.
(b) A front door must face the street or a common area.
(c) No exterior stairwells shall be permitted on units abutting street-oriented
yards.
Sec. 41-287. – Storage space.
For each townhouse unit, there shall be a separate, enclosed, lockable storage space
area reserved for the occupants of such townhouse unit. Such storage space may be
located inside the garage of the townhouse unit or elsewhere within the development.
but may not be directly accessible from the townhouse. Such storage space shall be at
least two hundred fifty (250) cubic feet in size and shall have minimum dimensions of
four (4) feet by eight (8) feet.
Sec. 41-288. – Landscaping.
All yards shall be landscaped with the exception of approved driveways and walkways
by the Planning Manager or his/her designee. Each townhouse development shall meet
the following minimum landscaping standards:
(a) Front yard:
(1) One (1) 24-inch box canopy tree.
(2) All trees shall be double-staked.
(3) Six (6) five-gallon size shrubs and ten (10) one-gallon size
herbaceous perennials/shrubs as a foundation planting.
(4) Turf or acceptable dry climate ground cover:
a. Turf shall be drought tolerant variety and planted as sod or
hydroseed.
b. Ground cover shall be well-rooted cuttings from flats and
planted as appropriate spacing for that particular plant
material.
(5) Root barriers shall be required on all trees.
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(b) Side yard: Corner lots shall have one (1) 15-gallon size tree for every thirty
(30) linear feet of property abutting a street plus six (6) five-gallon size
shrubs as a foundation planting. Root barriers shall be required on all
trees planted along the street-oriented yards.
(c) Project perimeter walls:
(1) Flowering vines shall be secured to a decorative masonry wall or
wood fence material.
(2) The vines shall be five-gallon size and be planted at 20-foot
intervals. They shall be secured to the walls with eye hooks and
wire.
(3) Espaliered shrubs, fruit trees, or other ornamental trees may be
substituted for the flowering vines.
(d) Irrigation system:
(1) All planting areas must be designed with an automatic irrigation
system. A pop-up sprinkler type irrigation system shall be provided
for all yards. Drip, bubbler, or other low gallonage systems may be
used in buffer areas and narrow strips.
(2) The use of "xeriphytic" or dry climate type plant materials is
encouraged. Irrigation systems may require special fittings to
properly water dry climate plantings.
(3) All irrigation systems shall be equipped with a controller capable of
dual or multiple station programming.
(e) Screening:
(1) All meters shall be appropriately screened from public view with
trellis work and vines, a hedge type shrub or be incorporated into
the residential structure.
(2) Any enclosed structure for utilities must not encroach into the
required setback.
(f) Maintenance: All plant material shall be maintained per section 41-609 of
this Code.
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(g) [Compliance with article XVI:] Landscaping shall be installed and
maintained in compliance with Article XVI of this Chapter (Water Efficient
Landscape Standards), pertaining to water conservation.
Sec. 41-289. - Reserved.
Section 10. Section 41-365 (Uses permitted in the C1 district) and Section 41-
365.5 (Uses subject to a conditional use permit in the C1 district) of Chapter 41 of the
SAMC is hereby amended to read as follow:
Sec. 41-365. – Uses permitted in the C1 district.
The following uses are permitted in the C1 district:
(a) Retail and service uses.
(b) Professional, administrative and business offices.
(c) Automobile parking lots and parking structures.
(d) Automobile sales, but excluding truck, trailer, tractor and boat sales.
(e) Churches and accessory church buildings.
(f) Mortuaries.
(g) Theaters.
(h) Hospitals, clinics, and sanitariums.
(i) Animal hospitals and veterinaries.
(j) Plant nurseries.
(k) Gymnasiums.
(l) Golf courses, both regulation and miniature, and driving ranges.
(m) Public utility structures, including electric distribution and transmission
substations.
(n) Restaurants, cafes, and eating establishments, other than those specified
in section 41-365.5.
(o) Schools and sStudios operated for commercial or public purposes.
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(p) Childcare facilities.
(q) Service stations.
(r) Automobile servicing.
(s) Cyber cafes, subject to compliance with the requirements of section 41-
198.200.
(t) Tattoo and/or body art establishments, subject to the development and
operational standards set forth in section 41-199.3.
Sec. 41-365.5. – Uses subject to a conditional use permit in the C1 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, purchase and loan, pawn shops.
(e) Eating establishments with drive-through window service.
(f) Eating establishments open at any time between the hours of 12:00 a.m.
and 5:00 a.m. and located within one hundred fifty (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.
(i) Check cashing facilities, as defined by Section 41-42.7.
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(j) Banquet facilities, subject to development and operational standards set
forth in section 41-199.1.
(k) Banquet facilities as an ancillary use, subject to development and
operational standards set forth in section 41-199.1.
(l) Adult day care facilities.
(m) Superstores.
(n) Tattoo and/or body art establishments open at any time between the hours
of 12:00 a.m. and 7:00 a.m., subject to the development and operational
standards set forth in section 41-199.3.
(o) Schools, as defined by Sec. 41-150.5.
Section 11. Section 41-412.5 (Uses subject to a conditional use permit in the
C4 district) of Chapter 41 of the SAMC is hereby amended to read as follow:
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 a.m.
and 5:00 a.m. and located within one hundred fifty (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.
(g) Check cashing facilities, as defined by section 41-42.7 of this Code.
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(h) Banquet facilities, subject to development and operational standards set
forth in section 41-199.1.
(i) Banquet facilities as an ancillary use, subject to development and
operational standards set forth in section 41-199.1.
(j) Adult day care facilities.
(k) Superstores.
(l) Tattoo and/or body art establishments open at any time between the hours
of 12:00 a.m. and 7:00 a.m., subject to the development and operational
standards set forth in section 41-199.3.
(m) Schools, as defined by Section 41-150.5.
Section 12. Section 41-424 (Uses permitted in the C5 district) and Section 41-
424.5 (Uses subject to a conditional use permit in the C5 district) of Chapter 41 of the
SAMC is hereby amended to read as follow:
Sec. 41-424. – Uses permitted in the C5 district.
The following uses are permitted in the C5 district:
(a) Administrative and professional offices.
(b) Retail and service uses.
(c) Automobile parking lots, but excluding the sale or storage of automobiles,
trucks, trailers, boats, or tractors, whether new or used.
(d) Churches, chapels, mortuaries, and theaters.
(e) Government buildings.
(f) Restaurants and cafes, other than those specified in section 41-424.5.
(g) Schools and sStudios operated for commercial or public purposes.
(h) Child care facilities.
(i) The printing, publishing, and circulation of a newspaper, including plant
and office.
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(j) Two-family dwellings not exceeding one (1) unit per three thousand
(3,000) square feet of lot area, provided such units front on a secondary or
local street.
(k) Cyber cafes subject to compliance with the requirements of section 41-
198.200.
(l) Gymnasiums and health clubs.
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 a.m.
and 5:00 a.m. and located within one hundred fifty (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.
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(l) 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.
(m) Banquet facilities, subject to development and operational standards set
forth in section 41-199.1.
(n) Banquet facilities as an ancillary use, subject to development and
operational standards set forth in section 41-199.1.
(o) Adult day care facilities.
(p) Superstores.
(q) Schools, as defined by Section 41-150.5.
Section 13. Section 41-521 (Uses permitted in the C-SM district) and Section
41-522 (Uses subject to a conditional use permit in the C-SM district) of Chapter 41 of
the SAMC is hereby amended as follow:
Sec. 41-521. – Uses permitted in the C-SM district.
The following uses are permitted in the C-SM district:
(a) Retail and service uses.
(b) Professional, administrative, and business offices.
(c) Public parking lots and parking structures.
(d) Animal hospitals and veterinarians.
(e) Gymnasiums, health clubs, and martial arts studios.
(f) Public utility structures, including electric distribution and transmission
substations.
(g) Restaurants, cafes, coffeehouses, and eating establishments, other than
those provided in section 41-522, excluding the establishment of drive
through service facilities.
(h) Schools and sStudios operated for commercial or public purposes.
(i) Child care facilities.
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(j) Art galleries, museums and exhibit halls.
(k) Plant nurseries.
(l) Theaters.
(m) Furniture stores.
(n) Youth amusement rides ancillary to grocery, general merchandise and
department retail store uses.
Sec. 41-522. – Uses subject to a conditional use permit in the C-SM district.
The following uses may be permitted in the C-SM district subject to the issuance of a
conditional use permit:
(a) Clubs, lodges and fraternal organizations.
(b) Outdoor and indoor recreational or entertainment uses including night
clubs, other than those set forth in section 41-521.
(c) Hotels, motels, lodging houses, care homes, fraternity houses and sorority
houses.
(d) Thrift and resale stores, antique shops and collectable stores, excluding
pawn shops and auction houses.
(e) Eating establishments open at any time between the hours of 12:00
midnight and 5:00 a.m. and located within one hundred fifty (150) feet of
residentially zoned or used property, measured from property line to
property line.
(f) Laundromats.
(g) Ancillary outdoor dining facilities located in the front yard area.
(h) Banquet facilities, subject to development and operational standards set
forth in section 41-199.1.
(i) Banquet facilities as an ancillary use, subject to development and
operational standards set forth in section 41-199.1.
(j) Automobile repair and automobile servicing.
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(k) 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.
(l) Churches and accessory church buildings.
(m) Schools, as defined by Section 41-150.5.
Section 14. Section 41-584 (Uses permitted in the O district) and Section 41-
584.5 (Uses subject to a conditional use permit in the O district) of Chapter 41 of SAMC
is hereby amended to read as follow:
Sec. 41-584. – Uses permitted in the O district.
The following uses are permitted in the O district:
(a) Open-air recreational and entertainment uses, including bike or bridle
trails, and buildings and uses accessory thereto.
(b) Government buildings, school buildings and facilities, public utility
facilities, quasi-public and service facilities, flood-control structures, and
uses accessory thereto.
Sec. 41-584.5. – Uses subject to a conditional use permit in the O district.
The following uses may be permitted in the O district subject to the issuance of a
conditional use permit:
(a) Community gardens operated by a non-profit organizations.
(b) Production greenhouses and nurseries with no retail sales.
(c) Interpretive centers.
(d) Schools, as defined by Section 41-150.5.
Section 15. Section 41-668 (Definitions) of Chapter 41 of SAMC is hereby
amended to read as follow:
Sec. 41-668. – Definitions.
(a) Development Project. As used in this division, the term "development
project" includes any of the following projects:
(1) The new construction of any building or buildings, and additions to
any existing building or buildings, if new floor space of two
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thousand five hundred (2,500) square feet or more is constructed or
added; but excluding the following:
a. Single family homes;
b. Room additions to duplexes;
c. Tenant improvements not involving a change of use;
d. Facade improvements;
e. Equipment covers or structures to cover equipment.
(2) Tenant improvements involving an intensification or change in
occupancy classification.
(3) New service stations
(34) Any project that requires a discretionary approval, excluding
conditional use permits for operation of eating establishments
between the hours of 12:00 a.m. and 5:00 a.m. and conditional use
permits for the sale of alcoholic beverages.
(b) Discretionary approval. As used in this division, the term "discretionary
approval" means a conditional use permit, variance, minor exception,
tentative map approval, change in use district designation, or similar
entitlement for development, the granting of which involves the exercise of
discretion, other than the plan approval process set forth in this division.
Section 16. Section 8 (General Provisions) of Specific Development No. 19
(SD-19) of Chapter 41 of the SAMC is hereby amended to read as follow:
Section 8 General Provisions
All new construction, excluding interior modifications, and including the restoration,
rehabilitation, alteration, conversion and/or addition of any structure involving
modification to the exterior of a structure within the area as defined as Historic French
Park District (SD-19) must shall proceed through the following established review
process. This includes review of structures destroyed by natural occurrences, pursuant
to SAMC Sec. 41-682. Final approval shall be granted by the Planning Commission.
1. GUIDELINES AND STANDARDS. The architectural design guidelines
used by City staff and the French Park Architectural Review Committee
(Committee) and adopted by resolution by the City Council, is entitled
“Historic French: Its Architectural Legacy and Design Guidelines” (French
Park Guidelines). All projects must adopt one of the historical architectural
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styles of the district which is identified in the Guidelines. All accessory
structures shall comply with these architectural design guidelines.
2. NEIGHBORHOOD REVIEW. The French Park Architectural Review
Committee is a volunteer group comprised of French Park neighborhood
residents and/or property owners shall who are authorized to review
proposals for new construction, restoration, rehabilitation, alteration,
conversion and/or additions to an existing structure within the boundaries
of SD-19. A Neighborhood Review Application shall be submitted to the
Planning Division for all minor and major modifications for evaluation by
staff and shall be forward to the French Park Architectural Review
Committee for comments. make findings that the proposed new
construction, restoration, rehabilitation, alteration, conversion and/or
addition to an existing structure. Staff and the Committee will review the
Neighborhood Review Application for is in compliance with the French
Park Guidelines and is in compliance with the Secretary of the Interior’s
Standards for Rehabilitation and Guidelines for Rehabilitating Historic
Buildings. The findings shall be made a part of the City’s formal review
process. If there is not an active Committee, by request of the French Park
Neighborhood Association Chairperson, City staff shall provide the sole
Neighborhood Review evaluation.
3. EXCEPTIONS. All projects, except those requiring any discretionary
action, are exempt from the Development Project Plan approval process
as set forth in Sections 41-668 through 674 of the SAMC.
4. HISTORIC RESOURCES COMMISSION APPROVAL. Final approval of
major exterior modifications shall be granted by the Historic Resource
Commission. Final approval of minor exterior modifications as outlined per
Resolution No. 2006-001 and adopted by the Historic Resource
Commission on January 5, 2006 shall be granted administratively by staff.
The French Park Architectural Review Committee comments are to be
made a part of the City’s shall be included into staff’s evaluation and
recommendation to the Historic Resource Commission. The decision of
the Historic Resource Planning Commission regarding approval of the
major exterior modifications shall be final unless an appeal is filed as set
forth in Section 30-8 of Chapter 30 of the SAMC.
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Section 17. Section General Provisions (General Provisions) of Specific
Development No. 40 (SD-40) of Chapter 41 of the SAMC is hereby amended to read as
follow:
GENERAL PROVISIONS
A. Exterior rehabilitation and conversion of residences shall be subject to
design review by the Planning Department prior to issuance of building
permits. Rehabilitation of designated historic structures shall conform to
the Secretary of Interior’s Standards of Rehabilitation and Guidelines for
Rehabilitation Historic Buildings (used by the Secretary of Interior when
determining if a rehabilitation project qualifies as “Certified rehabilitation”
pursuant to U.S tax legislation). All exterior work shall also conform with
Council approved Development Standards and Guidelines as they are
adopted.
B. All new construction shall be subject to Planning Commission site plan
review process as required in Santa Ana Municipal Code, Chapter 41,
Article III, Division 26, except as provided for in this subsection.
1. For properties listed on the City of Santa Ana Register of Historical
Properties, with no discretionary actions before the Planning
Commission, the Historic Resources Commission shall solely
conduct the site plan review and the exterior physical modification
approval as defined in Santa Ana Municipal Code, Chapter 30.
2. For projects with discretionary actions before the Planning
Commission, the Planning Commission shall conduct site plan
review, and the Historic Resource Commission shall conduct the
exterior physical modification approval process.
C. All exterior rehabilitation and new construction shall maintain architectural
standards compatible with the architectural character of the Heninger Park
Specific Development zone. Design criteria includes the use of historically
appropriate exterior materials, gable treatment and architectural massing
consistent with existing historic architectural styles found in the area.
All new construction, excluding interior modifications, and including the restoration,
rehabilitation, alteration, conversion and/or addition of any structure involving
modification to the exterior of a structure within the area as defined as Heninger Park
District (SD-40) must proceed through the following established review process. This
includes review of structures destroyed by natural occurrences, pursuant to SAMC Sec.
41-682.
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A. GUIDELINES AND STANDARDS. The architectural design guidelines
used by City staff and the Heninger Park Architectural Review Committee
(Committee) and adopted by resolution by the City Council, is entitled
“Heninger Park Architectural Design Guidelines” (Heninger Park
Guidelines). All projects must adopt one of the historical architectural
styles of the district which is identified in the Guidelines. All accessory
structures shall comply with these architectural design guidelines.
B. NEIGHBORHOOD REVIEW. The Heninger Park Architectural Review
Committee is a volunteer group comprised of Heninger Park neighborhood
residents and/or property owners who are authorized to review proposals
for new construction, restoration, rehabilitation, alteration, conversion
and/or additions to an existing structure within the boundaries of SD-40. A
Neighborhood Review Application shall be submitted to the Planning
Division for all minor and major modifications for evaluation by staff and
shall be forward to the Heninger Park Architectural Review Committee for
comments. Staff and the Committee will review the Neighborhood Review
Application for compliance with the Heninger Park Guidelines and
compliance with the Secretary of the Interior’s Standards for Rehabilitation
and Guidelines for Rehabilitating Historic Buildings. If there is not an
active Committee, by request of the Heninger Park Neighborhood
Association Chairperson, City staff shall provide the sole Neighborhood
Review evaluation.
C. EXCEPTIONS. All projects, except those requiring any discretionary
action, are exempt from the Development Project Plan approval process
as set forth in Sections 41-668 through 674 of the SAMC.
D. HISTORIC RESOURCES COMMISSION APPROVAL. Final approval of
major exterior modifications shall be granted by the Historic Resource
Commission. Final approval of minor exterior modifications as outlined per
Resolution No. 2006-001 and adopted by the Historic Resource
Commission on January 5, 2006 shall be granted administratively by staff.
The Heninger Park Architectural Review Committee comments shall be
included into staff’s evaluation and recommendation to the Historic
Resource Commission. The decision of the Historic Resource
Commission regarding approval of the major exterior modifications shall
be final unless an appeal is filed as set forth in Section 30-8 of Chapter 30
of the SAMC.
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Section 18. If any section, subsection, sentence, clause, phrase or portion of
this ordinance 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.
ADOPTED this ______ day of ______________, 2018.
_______________________
Miguel A. Pulido
Mayor
APPROVED AS TO FORM:
Sonia R. Carvalho
City Attorney
By:________________________
Lisa Storck
Assistant City Attorney
AYES: Councilmembers __________________________________
NOES: Councilmembers __________________________________
ABSTAIN: Councilmembers __________________________________
NOT PRESENT: Councilmembers __________________________________
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CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify that the
attached Ordinance No. NS-XXX to be the original ordinance adopted by the City
Council of the City of Santa Ana on _______________, 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
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COMPARISON TABLE OF SCHOOL REVIEW PROCESS
Cities Review Process
Irvine Public: Permitted by right (No Conditional Use Permit required).
School sites are chosen in advance and in accordance with school
district master plan.
Private: A Conditional Use Permit is required
Charter: Not specified
Garden Grove A Conditional Use Permit is required for both public and private
schools
Costa Mesa A Conditional Use Permit is required for both public and private
schools
Tustin A Conditional Use Permit is required for both public and private
schools
Fountain Valley A Conditional Use Permit is required for both public and private
schools
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COMPARISON TABLE OF OFF-STREET PARKING RATIOS
Cities Off-Street Parking Required Guest
Parking
Costa Mesa Studio = 1.5 / unit
1 bedroom = 2 / unit
2 bedrooms = 2.5 / unit
3 or more bedrooms = 3.5 / unit
0.5 / unit
Irvine Studio = 1 / unit
1 bedroom = 1.5 / unit
2 or more bedrooms = 2 / unit
0.7 / unit
Anaheim Studio = 1.25 / unit
1 bedroom = 2 / unit
2 bedrooms = 2.25 / unit
3 or more bedrooms = 3 / unit + 0.5 space per each
bedroom over 3 bedrooms
0.25 / unit
Orange Studio = 1.2 / unit
1 to 2 bedrooms = 1.7 / unit
3 bedrooms = 2.4 / unit
0.2 / unit
Los Angeles Studio – 2 bedrooms = 1 / unit
3 bedrooms = 1.5 / unit
3 or more bedrooms = 2 / unit
5 / each 30
units
Long Beach Studio = 1 / unit
1 bedroom = 1.5 / unit
2 or more bedrooms = 2 / unit
0.25 / unit
Pasadena 1 space per unit if less than 650 SF
2 spaces per unit if more than 650 SF
1 / each 10
units
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