HomeMy WebLinkAboutNS-3038 - Amendment to Municipal Code Ch. 41 (Zoning)ORDINANCE NO. NS-3038
ZONING ORDINANCE AMENDMENT NO. 2022-03 — AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA AMENDING PORTIONS OF CHAPTER 41
(ZONING) OF THE SANTA ANA MUNICIPAL CODE
RELATING TO FAMILY DAYCARE, REGIONAL PLANNED
SIGN PROGRAM REGULATIONS, MASSAGE
ESTABLISHMENTS, CONDITIONALLY -PERMITTED USES
IN THE PROFESSIONAL ZONING DISTRICT, RETAIL USES
IN INDUSTRIAL ZONES, TRASH BIN ENCLOSURES, URBAN
LOT SPLIT AND TWO -UNIT DEVELOPMENT STANDARDS,
NOXIOUS USES, DEFINITIONS FOR VARIOUS USES,
ELECTRIC FENCES, SYNTHETIC TURF, AND PERMIT
REQUIREMENTS FOR LIGHT PROCESSING FACILITIES
THE CITY COUNCIL OF THE CITY OF SANTA ANA HEREBY ORDAINS AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds, determines and
declares as follows:
A. Various sections within 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 and business practices, 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, create a user friendly
environment for residents and the business community, and to commence the
work of enacting the various policies and actions set forth in the General Plan,
the Planning Division is proposing revisions to various sections of the Zoning
Code.
B. After a thorough analysis of the current code requirements in the city, staff
identified a number of code amendments and additions that are necessary to
ensure clear, uniform, and legally consistent regulations. The proposed changes
and additions will enable the City to implement a regulatory framework that both
protects the health, safety, and welfare of the city and limits undue strain on home
owners, business operators and developers.
C. Zoning Ordinance Amendment No. 2022-03 amends and adds various sections
of Chapter 41; including Section 41-42.5 (Child care facilities), Section 41-44.6
(Counseling services), Section 41-47.5 (Daycare center), Section 41-54.5
(Electric fence), Section 41-59 (Family daycare facilities), Section 41-100
(Landscape), Section 41-121 (Medical office), Section 41-127.5 (Professional,
business, and administrative office), Section 41-192.6 (Small and large family
daycare accessory to residential uses), Section 41-199.4 (Noxious uses),
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Section 41-232 (Uses permitted in the R1 district), Section 41-247 (Uses
permitted in the R2 district), Section 41-313 (Uses permitted in the P district),
Section 41-365 (Uses permitted in the C1 district), Section 41-365.5 (Uses
subject to a conditional use permit in the C1 district), Section 41-375.1 (Uses
permitted in the C1-MD district), Section 41-375.2 (Uses subject to a conditional
use permit in the C1-MD district), Section 41-377.5 (Uses subject to a conditional
use permit in the C2 district), Section 41-412.5 (Uses subject to a conditional use
permit in the C4 district), Section 41-424 (Uses permitted in the C5 district),
Section 41-424.5 (Uses subject to a conditional use permit in the C5 district),
Section 41-472 (Uses permitted in the M1 district), Section 41-472.1 (Ancillary
uses permitted in the M1 district), Section 41-472.5 (Uses subject to a conditional
use permit in the M1 district), Section 41-521 (Uses permitted in the C-SM
district), Section 41-522 (Uses subject to a conditional use permit in the C-SM
district), Section 41-609 (Landscape), Section 41-610.5 (Wall and fence
requirements in the industrial and commercial zones), Section 41-623 (Trash bin
enclosures), Section 41-683 (Discontinuance of nonconforming building or use),
Section 41-683.6 (Discontinuance of nonconforming noxious use), Section 41-
885 (Regional planned sign program), Section 41-1251 (Permits required),
Section 41-1309.1 (Change of use, exceptions), Section 41-1751 (Definitions),
Section 41-1752 (Permitted zones and locations), Section 41-1753 (Permits and
certificates -contents of application), Section 41-1754 (Development and
operating standards), Section 41-2109 (Requirements), Section 41-2115
(Requirements), Table 3-2 (Permitted uses) of the Harbor Mixed Use Transit
Corridor Specific Plan, definition of "Personal services —restricted", Table 2A
(Use Standards) of Section 41-2007 of the Transit Zoning Code, Definition of
"Personal Services —restricted" and Section 41-2080 of the Transit Zoning Code,
and Table 3 (Permitted Land Uses) of Section 4.1 of the Metro East Mixed -Use
Overlay Zone.
D. On December 12, 2022, the Planning Commission held a duly -noticed public hearing
and considered the staff report, recommendations by staff, and public testimony
concerning Zoning Ordinance Amendment No. 2022-03.
E. On January 17, 2023, the City Council held a duly -noticed public hearing and
considered the staff report, recommendations by staff, and public testimony
concerning Zoning Ordinance Amendment No. 2022-03.
Section 2. The City Council finds and determines thatthis ordinance is not subject
to the California Environmental Quality Act (CEQA). Pursuant to CEQA and the CEQA
Guidelines, the adoption of this Ordinance is exempt from CEQA review pursuant to
sections 15061(b)(3) and 15061(b)(5) of the CEQA Guidelines because it will not result in
a direct or reasonably foreseeable indirect physical change in the environment, as there is
no possibility it will have a significant effect on the environment. As a result, Environmental
Review No. 2022-73 will be filed upon adoption of this ordinance.
Section 3. Section 41-42.5 (Child care facilities) of Chapter 41 of the SAMC is
hereby deleted in its entirety.
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Section 4. Section 41-44.6 (Counseling services) of Chapter 41 of the SAMC is
hereby added to read as follows:
Sec. 41-44.6. - Counseling services.
A facility where personnel provide counseling services in individual or group sessions that
focus specifically on mental development, recovery, rehabilitative vocational assistance,
and employment preparation for the purposes of achieving independence, and/or
integration in the workplace and community. For a practice providing counseling services
specializing in substance abuse, this includes a facility that provides substance abuse
counseling practiced by a licensed professional, on an outpatient basis, with or without the
dispensing of medication onsite. "Counseling services" does not include "Medical office,"
which is separately defined.
Section 5. Section 41-47.5 (Daycare center) of Chapter 41 of the SAMC is hereby
added to read as follows:
Sec. 41-47.5. - Daycare center.
"Daycare center" means a child daycare facility other than a family daycare facility, and
includes infant centers, preschools, extended daycare facilities, and schoolage child care
centers, and includes child care centers licensed pursuant to Section 1596.951 of the
California Health and Safety Code.
Section 6. Section 41-54.5 (Electric fence) of Chapter 41 of the SAMC is hereby
added to read as follows:
Sec. 41-54.5. - Electric fence.
"Electric Fence" and "Electrified Fence" shall mean any fence powered by an electrical
energizer with characteristics outlined and defined in California Civil Code Section 835 used
to protect and secure industrial property.
Section 7. Section 41-59 (Family daycare facilities) of Chapter 41 of the SAMC is
hereby amended to read as follows:
Sec. 41-59. - Family daycare facilities.
"Family daycare facility" means a facility that regularly provides care, protection, and
supervision for 14 or fewer children, in the provider's own home, for periods of less than 24
hours per day, while the parents or guardians are away. For the purposes of this Chapter,
there are Small Family Daycare facilities and Large Family Daycare facilities. Small Family
Daycare facilities provide care to no more than 8 children. Large Family Daycare facilities
provide care to no more than 14 children.
Section 8. Section 41-100 (Landscape) of Chapter 41 of the SAMC is hereby
amended to read as follows:
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Sec.41-100. Landscape
Landscape is any yard or other open space which is purposely designed to create an
aesthetic environment composed of plant materials, synthetic turf, and/or other decorative
elements such as fountains, ponds, sculptures, walls, fences, and planters.
Section 9. Section 41-121 (Reserved) of Chapter 41 of the SAMC is hereby
amended to read as follows:
Sec. 41-121. - Medical office
A medical office is a facility providing consultation, diagnosis, therapeutic, preventive,
surgical, or corrective personal treatment services by doctors or dentists, and their support
staff, to support the healing of humans, wherein such medical doctors and dentists are
licensed. These facilities can be at health centers, individual doctor or dentist offices, and
exclude practices providing counseling services specializing in substance abuse, homeless
support services, and medical research laboratories.
Section 10. Section 41-127.5 (Professional, business, and administrative office) of
Chapter 41 of the SAMC is hereby added to read as follows:
Sec. 41-127.5. - Professional, business, and administrative office.
A professional, business, or administrative office is an establishment providing direct, "over-
the-counter" services or business services to consumers or clients (e.g., insurance
agencies, real estate offices, travel agencies, utility company offices, etc.) and office -type
facilities occupied by businesses providing professional services and/or engaged in the
production of intellectual property.
Section 11. Section 41-192.6 (Small and large family daycare accessory to
residential uses) of Chapter 41 of the SAMC is hereby added to read as follows:
Sec. 41-192.6. - Small and large family daycare accessory to residential uses.
Small and large family daycare facilities as defined and regulated by Health and
Safety Code Section 1597.30 through 1597.622 shall be permitted as an accessory use at
any residential property, dwelling, or dwelling unit in the city where residential land uses
are permitted in any zoning district, specific development zone, specific plan area, or
overlay zoning district.
Section 12. Section 41-199.4 (Noxious uses) of Chapter 41 of the SAMC is hereby
added to read as follows:
Sec. 41-199.4. - Noxious uses.
(a) Any use other than eating establishments listed in Section 41-472 or 41-472.5 of this
Chapter, regardless of the zoning district it is established or proposed to be
established in that requires a permit from a regional, state, or federal agency to
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handle, store, emit or discharge regulated compounds, materials, chemicals, or
substances that is located within 500 linear feet of a public park, school (K-12) as
defined by Section 11362.768 of the Health and Safety Code, or property used or
zoned for residential purposes requires a conditional use permit.
(b) The 500 linear foot distance shall be measured from the outermost boundary of the
subject property to the closest point of any public park, school, or property used or
zoned for residential purposes.
(c) The property owner or business operator of a business regulated by subsection (a)
shall be responsible for notifying the City of any requirement to obtain a permit from
a regional, state, or federal agency. Notification to the City must be made prior to
obtaining any permit from a regional, state, or federal agency for the business
activities listed in subsection (a).
(d) A business regulated by this section shall be in compliance with all provisions
established by this Code and all applicable federal, state, or local regulations and
conditions established by regulating and permitting agencies.
Section 13. Section 41-232 (Uses permitted in the R1 district) of Chapter 41 of the
SAMC is hereby amended to read as follows:
Sec. 41-232. - Uses permitted in the R1 district.
The following uses are permitted in the R1 district:
(a) One (1) one -family dwelling with six (6) or fewer bedrooms
(b) Private greenhouses and horticultural collections for domestic noncommercial use,
flower and vegetable gardens, fruit trees and any agricultural crop.
(c) One (1) temporary real estate office devoted to the sale of real estate in the tract in
which it is located, which use shall be for a period of time not to exceed one (1) year.
(d) Accessory buildings and structures, except as otherwise provided in section 41-
232.5.
(e) Reserved.
(f) Adult day care facilities providing care to not more than six (6) adults.
Section 14. Section 41-247 (Uses permitted in the R-2 district) of Chapter 41 of the
SAMC is hereby amended to read as follows:
Sec. 41-247. - Uses permitted in the R-2 district.
The following uses are permitted in the R-2 district:
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(a) One -family dwellings.
(b) Two-family dwellings.
(c) Townhouses.
(d) Private greenhouses and horticultural collections for domestic noncommercial use,
flower and vegetable gardens, fruit trees and any agricultural crop.
(e) One (1) temporary real estate office devoted to the sale of real estate in the tract in
which it is located, which shall be used for a period of time not to exceed one (1)
year.
(f) Accessory structures.
(g) Reserved.
(h) Adult day care facilities providing care to not more than six (6) adults.
Section 15. Section 41-313 (Uses permitted in P district) of Chapter 41 of the
SAMC is hereby amended to read as follows:
Sec. 41-313. - Uses permitted in P district.
The following uses are permitted in the P district:
(a) Professional, business, and administrative offices where no merchandise is sold.
(b) Banks, savings and loan offices, credit unions, and mortgage and finance
companies.
(c) Travel agencies.
(d) Medical offices.
(e) Art galleries, art and photography studios.
(f) Museums and science centers.
(g) Print and copy services.
(h) Pharmacies, limited to the dispensing of goods and merchandise related to health
care only, and excluding drive -through facilities.
(i) Daycare centers.
Q) Non -freestanding commercial and service uses which do not exceed ten (10) per
cent of the floor space of the building in which they are located and which are
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supportive of, compatible with, and integrated into the professional and business
uses on the same property, excluding drive -through facilities, and commercial
uses which are open at any time between the hours of 12:00 midnight and 5:00
a.m.
(k) Freestanding restaurants, cafes, and eating establishments, excluding drive -
through facilities and excluding any eating establishment specified in section 41-
313.5.
Section 16. Section 41-313.5 (Uses subject to a conditional use permit in the P
district) of Chapter 41 of the SAMC is hereby amended to read as follows:
Sec. 41-313.5. Uses subject to a conditional use permit in the P district.
The following may be permitted in the P district, subject to the issuance of a conditional
use permit:
a. Convalescent hospitals, nursing homes, rest homes and extended care facilities.
b. Hospitals.
c. Trade and professional schools.
d. Health clubs and gymnasiums.
e. Recreational or entertainment uses if carried on in conjunction with any of the uses
specified in clauses (e), (f) and (k) of section 41-313.
f. Ambulance and emergency medical response services.
g. Non -freestanding commercial and service uses which are open at any time
between the hours of 12:00 midnight and 5:00 a.m., provided that such uses also
meet the standards for commercial and service uses permitted under section 41-
313, and further provided that such uses have less than twenty thousand (20,000)
square feet of floor area.
h. 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.
i. Banquet facilities, subject to development and operational standards set forth in
section 41-199.1.
j. Banquet facilities as an ancillary use, subject to development and operational
standards set forth in section 41-199.1.
k. Adult day care facilities.
I. Clubs, fraternities and lodges.
m. Bail bond uses, subject to development and operation standards set forth in
section 41-323.
n. Churches and accessory church buildings.
o. Parking lots and parking structures subject to compliance with the requirements
of Section 41-324.
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p. Medical offices operated by government, government -subsidized, not -for -profit,
or philanthropic entities.
Section 17. Section 41-365 (Uses permitted in the C1 district) of Chapter 41 of the
SAMC is hereby amended to read as follows:
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, business, and administrative 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.
Q) Plant nurseries.
(k) Gymnasiums.
(1) 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 studios operated for commercial or public purposes.
(p) Daycare centers.
(q) Service stations.
(r) Automobile servicing.
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(s) Tattoo and/or body art establishments, subject to the development and
operational standards set forth in Section 41-199.3.
(t) Medical offices.
Section 18. 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 follows:
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.
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.
I. Adult day care facilities.
m. Superstores.
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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. Massage establishments, subject to development and operational standards set
forth in Article XVII.I of this Chapter.
Section 19, Section 41-375.1 (Uses permitted in the C1-MD district) of Chapter 41
of the SAMC is hereby amended to read as follows:
Sec. 41-375.1. - Uses permitted in the C1-MD district.
The following uses are permitted in the C1-MD district:
(a) Retail and service uses, other than those specified in section 41-375.2.
(b) Professional, business, and administrative offices where no merchandise is sold.
(c) Medical 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.
Q) Daycare centers.
Section 20. Section 41-375.2 (Uses subject to a conditional use permit in the Cl-
MID district) of Chapter 41 of the SAMC is hereby amended to read as follows:
Sec. 41-375.2. - Uses subject to a conditional permit in the C1-MD district.
The following uses may be permitted in the C1-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.
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(c) Hotels.
(d) 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.
(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.
(f) Banquet facilities, subject to development and operational standards set forth in
section 41-199.1.
(g) Banquet facilities as an ancillary use, subject to development and operational
standards set forth in section 41-199.1.
(h) Massage establishments, subject to development and operational standards set
forth in Article XVII.I of this Chapter.
Section 21. Section 41-377.5 (Uses subject to a conditional use permit in the C2
district) of Chapter 41 of the SAMC is hereby amended to read as follows:
Sec. 41-377.5. - Uses subject to a conditional use permit in the C2 district.
The following uses may be permitted in the C2 district subject to the issuance of a
conditional use permit:
(a) Any use which maybe permitted subject to the issuance of a conditional use permit
in the C1 district pursuant to section 41-365.5.
(b) Open-air car washes.
(c) Trailer parks and camps.
(d) Thrift shops, food distribution centers, and counselling service establishments
operated by nonprofit or government -subsidized organizations or by public
agencies.
(e) Indoor swap meets, bulk merchandise stores, and home improvement warehouse
stores.
(f) Superstores.
(g) Massage establishments, subject to development and operational standards set
forth in Article XVII.I of this Chapter.
Section 22. 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 follows:
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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.
(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.
Q) Adult day care facilities.
(k) Superstores.
(1) Massage establishments, subject to development and operational standards set
forth in Article XVI1.1 of this Chapter.
Section 23. Section 41-424 (Uses permitted in the C5 district) of Chapter 41 of the
SAMC is hereby amended to read as follows:
Sec. 41-424. Uses permitted in the C5 district.
The following uses are permitted in the C5 district:
(a) Professional, business, and administrative offices.
(b) Retail and service uses.
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(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 studios operated for commercial or public purposes.
(h) Daycare centers.
(i) The printing, publishing, and circulation of a newspaper, including plant and office.
Q) 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) Gymnasiums and health clubs.
(1) Medical offices.
Section 24. 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 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.
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(i) Indoor swap meets, bulk merchandise stores, and home improvement warehouse
stores.
Q) 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.
(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.
(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) Massage establishments, subject to development and operational standards set
forth in Article XVII.I of this Chapter.
Section 25. Section 41-472 (Uses permitted in the M1 district) of Chapter 41 of the
SAMC is hereby amended to read as follows:
Sec. 41-472. - Uses permitted in the M1 district.
The following uses are permitted in the M1 district:
(a) The compounding, processing, or treatment of raw or previously treated materials
into a finished or semi -finished product, excluding those uses specified in section
41-489.5.
(b) The manufacture of products from raw or previously treated materials, excluding
those uses specified in section 41-489.5.
(c) The assembly of products from raw or previously treated materials, excluding
those uses specified in section 41-489.5.
(d) The packaging or distribution of previously prepared products or materials,
excluding those uses specified in section 41-489.5.
(e) Wholesale establishments where the primary trade is business to business sale
of products, supplies, and equipment.
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(f) Storage of previously prepared goods, products or materials for eventual
distribution or sales where the goods, products or materials are the property of the
owner or operator of the building or structure.
(g) Machine shop or other metal working shops.
(h) Warehousing.
(i) Impound yards (storage only) with no office or dispatching operations.
(j) Laundry and dry cleaning establishments in conjunction with plant operation for
such establishment on the premises.
(k) Eating establishments not specified in section 41-472.5.
(1) Research laboratories that do not generate hazardous waste materials.
(m) Service stations with no more than two thousand (2,000) square feet of the gross
floor area devoted to non -automotive related product sales.
(n) Truck, boat and heavy equipment sales, rental, and service.
(o) Movie, photography, musical or video production studios.
(p) Bulk products sales (twenty-five (25) cubic feet or greater) when such products
are the primary sales activity.
(q) Public utility structures.
(r) Blueprinting, photoengraving, screen printing and other reproduction processes.
(s) Wholesale nursery and plant storage.
(t) Contractor's yard.
(u) Automotive repair and service, including body and fender repair, painting, and
engine replacement.
(v) Home improvement warehouse store.
(w) Sales of industrial products, supplies and equipment used for final product
manufacture.
(x) Lumberyard, including mill and sash work if conducted entirely within an enclosed
building.
(y) Recycling facilities not in excess of forty-five thousand (45,000) gross square feet
and in compliance with section 41-1253 of this Code including:
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(1) Small collection facilities.
(2) Large collection facilities.
(z) Adult entertainment businesses, subject to compliance with the requirements of
article XVII of this chapter.
(aa) Storage and distribution of hazardous materials.
(bb) Passenger transportation services.
(cc) Retail uses located on properties that front an arterial street, as defined in the
City's circulation element.
Section 26. Section 41-472.1 (Ancillary uses permitted in the M1 district) of
Chapter 41 of the SAMC is hereby amended to read as follows:
Sec. 41-472.1 - Ancillary uses permitted in the M1 district.
The following uses are permitted when ancillary to any use permitted by section 41-
472 or to any use permitted subject to a conditional use permit:
(1) Administrative office use occupying up to thirty (30) per cent of the gross floor
area;
(2) Product sales or service uses occupying up to five (5) per cent of the gross floor
area;
(3) Daycare centers occupying up to thirty (30) per cent of the gross floor area;
provided, however, that no combination of uses permitted by this section shall
exceed thirty (30) per cent of the gross floor area.
(4) The outside storage of Class I and Class II liquids (as defined in the fire code of
the City of Santa Ana) in above -ground fixed storage tanks when properly
screened pursuant to section 41-622 of the Code, as it may be amended from time
to time. As used herein, "tank" means a vessel containing more than sixty (60)
gallons.
(5) Enclosed storage where the goods, materials or supplies stored are the property
of the owner or operator of the building or structure occupying up to thirty (30) per
cent.
Section 27. Section 41-472.5 (Uses subject to a conditional use permit in the M1
district) of Chapter 41 of the SAMC is hereby amended to read as follows:
Sec. 41-472.5. - Uses subject to a conditional use permit in the M1 district.
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The following uses may be permitted in the M1 district subject to the issuance of a
conditional use permit:
(a) Principal industrial uses if occupying less than seventy (70) per cent of the gross
floor area with the remainder of the floor area allocated to office use only, except
as permitted in Section 41-472 (cc).
(b) Storage of new or used buildings or houses.
(c) Daycare centers other than as permitted by section 41-472.1.
(d) Trade schools which provide instruction which requires the operation of heavy
equipment or machinery normally associated with manufacturing operations such
as woodworking or machine shops.
(e) Kennels for the temporary care and lodging of dogs and other domesticated
household animals.
(f) Eating establishments permitted in section 41-472 which operate between 12:00
and 5:00 a.m. and which are within one hundred fifty (150) feet of a residential
use.
(g) Eating establishments with drive -through window service.
(h) Petroleum and gas storage.
(i) Freight, bus and truck terminal.
Q) Industrial medical clinics which offer medical services by referral only and do not
offer overnight stays.
(k) Administrative office use ancillary to a permitted industrial use occupying more
than thirty (30) per cent of the gross floor area.
(1) Light processing facilities and heavy processing facilities.
(m) Car wash facility.
(n) Banquet facilities as an ancillary use to a restaurant or eating establishment,
subject to development and operational standards set forth in section 41-199.1.
(o) Commercial storage not within five hundred (500) feet of an arterial street (as
defined in the city's circulation element) or freeway or within one thousand (1,000)
feet of a freeway intersection.
(p) Mini -warehouse uses; provided that no conditional use permit shall be granted
unless a written finding is made that the parcel on which the use is proposed is
not within five hundred (500) feet of an arterial street (as defined in the city's
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circulation element) or freeway, or within one thousand (1,000) feet of a freeway
intersection.
(q) Recreational vehicle, vehicle and/or boat storage yard; provided that no
conditional use permit shall be granted unless a written finding is made that the
parcel on which the use is proposed is: not within five hundred (500) feet of an
arterial street (as defined in the city's circulation element) or freeway, or within one
thousand (1,000) feet of a freeway intersection.
(r) Data center uses; provided that no conditional use permit shall be granted unless
a written finding is made that the parcel on which the use is proposed is: not within
five hundred (500) feet of an arterial street (as defined in the city's circulation
element) or freeway, or within one thousand (1,000) feet of a freeway intersection.
(s) Indoor sport facility, subject to development and operational standards set forth in
section 41-482.
Section 28. Section 41-521 (Uses permitted in the C-SM district) of Chapter 41 of
the SAMC is hereby amended to read as follows:
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, business, and administrative 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 studios operated for commercial or public purposes.
(i) Daycare centers.
Q) Art galleries, museums and exhibit halls.
(k) Plant nurseries.
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(1) Theaters.
(m) Furniture stores.
(n) Youth amusement rides ancillary to grocery, general merchandise and
department retail store uses.
(o) Medical offices.
Section 29. Section 41-522 (Uses subject to a conditional use permit in the C-SM
district) of Chapter 41 of the SAMC is hereby amended to read as follows:
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 of this Chapter.
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. Banquet facilities, subject to development and operational standards set forth in
section 41-199.1 of this Chapter.
h. Banquet facilities as an ancillary use, subject to development and operational
standards set forth in section 41-199.1 of this Chapter.
i. Automobile repair and automobile servicing.
j. 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.
k. Churches and accessory church buildings.
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Massage establishments, subject to development and operational standards set
forth in Article XVII.I of this Chapter.
Section 30. Section 41-609 (Landscape) of Chapter 41 of the SAMC is hereby
amended to read as follows:
Sec. 41-609. - Landscape
Where a landscape, as defined in section 41-100, is required by the provisions of
this chapter, said landscape shall comply with the landscape guidelines and permitting
requirements established by the Director of the Planning and Building Agency, which may
be amended from time to time, and be continuously maintained by proper pruning, mowing
of lawns, weeding, removal of litter, fertilizing, replacement of plants and decorative
materials when necessary, and the regular watering of plants.
Section 31. Section 41-610.5 (Wall and fence requirements in the industrial and
commercial zones) of Chapter 41 of the SAMC is hereby amended to read as follows:
Sec. 41-610.5. - Wall and fence requirements in the industrial and commercial zones.
(a) In the industrial and commercial zones, walls and fences shall not exceed ten (10)
feet in height, and shall not exceed four (4) feet in height where the wall or fence
extends into the required front yard or any required landscaped area.
(b) On any lot in a C1, C2, C4, or C5 district, a concrete block wall not less than five
(5) feet in height shall be erected along any property line contiguous to any
residentially zoned property, except that such wall shall not exceed the height
limitations prescribed in subsection (a) of this section. This requirement may be
waived by the planning commission upon a finding that the abutting property is in a
period of transition to nonresidential use, or that, due to special circumstances, the
wall would not promote the public health, safety, or welfare.
(c) Barbed wire is not permitted as part of a wall or fence except as follows:
(1) In the M1, M2 and LM districts: barbed wire is permitted subject only to the
restrictions set forth hereinafter.
(2) In the C1, C2, C4 and CM districts: barbed wire is permitted only in a rear year
or side yard which is not viewable from a public street and is subject to the
restrictions set forth hereinafter.
(3) Barbed wire may not be used above the height limitations set forth in
subsection (a) of this section.
(4) Barbed wire may not be used as part of any wall or fence which is adjacent to
property used for residential purposes or to property which is used as a school,
church, park, or youth center.
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(d) Electric fences shall only be permitted in the M1 and M2 districts subject to the
issuance of a minor exception pursuant to Article V of this Chapter and shall meet
the requirements set forth in California Civil Code Section 835 and below:
(1) Electric fences shall only be permitted on properties abutting a railroad right-
of-way.
(2) Electric fences shall be located at least one hundred and fifty (150) linear feet
from a property used for residential or public park use, or any property zoned
for such a use, or schools (K-12) as defined by Section 11362.768 of the Health
and Safety Code.
(3) Electric fences are only permitted in a rear or side yard which is not viewable
from a public street.
(4) No electric fence shall be permitted, installed, or used unless it is completely
surrounded and screened by a nonelectric wall that is at least six (6) feet in
height. In no case shall the electric fence encroach into any required setback
area.
(5) Electric fences may exceed the height of the surrounding nonelectric wall by
up to 18 inches.
(6) Any portion of the electric fence extending beyond the height of the surrounding
nonelectric screen wall shall be angled away from the property line at a 45-
degree upward slope.
(7) Electric fences shall be set back from existing walls and fences in a manner so
as to prevent accumulation of debris and to prevent unsafe conditions from
forming in any resulting gap from the setback required by this subsection.
(8) In no case shall an electric fence exceed the maximum fence height
established in subsection (a).
(9) Electric fences shall be installed to be as minimally intrusive as possible.
(10) No electric fence shall be energized during advertised business hours.
(11) Electric fences shall be identified by prominently placed warning signs that are
legible from both sides of the fence. At minimum, the warning signs shall meet
all of the following criteria:
(A) The warning signs are placed at each gate and access point, and at
intervals along the fence not exceeding thirty (30) feet.
(B) The warning signs are adjacent to any other signs relating to chemical,
radiological, or biological hazards.
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(C) The warning signs are marked with written warning or a commonly
recognized symbol for shock, a written warning or a commonly recognized
symbol to warn people with pacemakers, and a written or commonly
recognized symbol about the danger of touching the fence in wet
conditions.
(12)Electric fences equipped with monitored alarm systems may require an alarm
use permit.
(13)Accessibility to emergency personnel and first responders must be maintained
through the use of a knox box or other access feature as determined by the
Orange County Fire Authority and the Santa Ana Police Department.
(14)The applicant and property owner shall enter into an agreement holding the
City of Santa Ana harmless from all legal actions that may arise due to the
operation of the electrified fence. The agreement shall be recorded with the
property and shall release the City of Santa Ana from all liability whatsoever.
Section 32. Section 41-623 (Trash bin enclosures) of Chapter 41 of the SAMC is
hereby amended to read as follows:
Sec. 41-623. - Trash bin enclosures.
(a) An enclosure for the storage of discarded material containers that are serviced by
the city's solid waste collection contractor is required for each commercial or
industrial establishment and for each residential development consisting of three
(3) or more dwelling units; except that for commercial or industrial establishments
sharing vehicular access and parking in an integrated development, a shared
enclosure may be provided for each group of four (4) or less such establishments,
provided that any such shared enclosure shall be maintained as freely accessible
to all establishments originally assigned to share in its use. Enclosures shall be
adequate in capacity, number, and distribution to serve the uses on -site.
(b) Persons applying for a permit from the city for new construction and building
additions and alterations shall comply with the requirement that enclosures have
adequate space for the city's three -collection container recycling program. Permit
applicants for the project types described below must, as a condition of the city's
permit approval, comply with the following enclosure requirements and comply with
the enclosure design guidelines pursuant to subsections (c) and (d).
(1) New commercial construction, or additions resulting in an increase of 30 percent
or more of the floor area shall provide readily accessible recycling areas
identified for the storage and collection of grey container, blue container, and
green container or brown container materials, consistent with the three -
container collection program offered by the city pursuant to Chapter 16, Article
II of this code, and shall comply with provision of adequate space for recycling
for commercial premises pursuant to section 5.410.1 of the California Green
Building Standards Code, 24 CCR, Part 11 as amended.
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(2) New multifamily construction with more than three (3) units shall provide readily
accessible recycling areas identified for the storage and collection of grey
container, blue container, and green container or brown container materials,
consistent with the three -container collection program offered by the city
pursuant to Chapter 16, Article II of this code, and shall comply with provision of
adequate space for recycling for multifamily premises pursuant to sections
4.410.2 of the California Green Building Standards Code, 24 CCR, Part 11 as
amended.
(c) All trash and utility areas shall be screened from public streets and alleys and
adjacent properties. Trash and utility areas shall be physically integrated into the
project and shall include an off-street loading area of three hundred (300) square
feet with no single dimension less than ten (10) feet.
(d)The director of planning and building shall issue standards for the construction of
enclosures required by this section, and maintain such standards on file in the
department of planning. All enclosures required by this section shall be constructed
and maintained in accordance with such standards.
(e) Ongoing Waste Enclosure Use and Maintenance. At a minimum, the following best
management practices shall be adhered to:
(1) The enclosure shall only be used for storage of solid waste, recycling, organic
waste and used fats, oils, and grease, as defined in Section 39-50 of this code.
Storage of hazardous waste or any other items inside the enclosure is strictly
prohibited.
(2) All solid waste and used fats, oils, and grease, as defined in Section 39-50 of
this code, shall always be contained within appropriate water -tight, covered
containers including secondary containment. A supply of spill response
materials designed to absorb leaking fluids and/or cooking oil/grease spills shall
be kept near the enclosure.
(3) Locks can be used for enclosures to avoid contamination and illegal dumping.
(4) Overfilling solid waste, recycling and/or organics containers is prohibited. Solid
waste shall not protrude above the top rim of the container and shall allow for
the lid(s) to close fully. Establishments that have more than three (3) instances
of overflowing containers within six (6) months may have their service level
increased pursuant to Chapter 16, Article II of this code.
(5) Solid waste enclosures shall be maintained in good working condition and in the
condition that they were approved. Maintenance and cleaning of the solid waste
enclosure is the day-to-day responsibility of the occupant or owner of the
premises.
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(6) Washing out the solid waste enclosure or waste receptacles to the storm drain
system, street, or gutter is prohibited. Wash water shall be directed towards a
landscaped area or collected and discharged to the sanitary sewer only.
Improper methods of wash water disposal shall be subject to violations of the
City's Water Quality Ordinance.
Section 33. Section 41-683 (Discontinuance of nonconforming building or use) of
Chapter 41 of the SAMC is hereby amended to read as follows:
Sec. 41-683. - Discontinuance of nonconforming buildingr or use.
Except as provided in section 41-683.5 and 41-683.6, if a nonconforming use is
discontinued, or if a nonconforming building is vacant, unused or unoccupied for a period
of twelve (12) consecutive months, any subsequent use must conform in every respect to
the provisions of this chapter, and a nonconforming building may not thereafter be used or
occupied until it conforms in every respect to the provisions of this chapter.
Section 34. Section 41-683.6 (Discontinuance of nonconforming noxious use) of
Chapter 41 of the SAMC is hereby added to read as follows:
Sec. 41.683.6. - Discontinuance of nonconforming noxious use
(a) If a nonconforming use of a building regulated by Section 41-199.4 requires a new
certificate of occupancy for any reason other than a change in business name with
no change in owner of the business, legal nonconforming status shall be lost and
any subsequent use must conform in every respect to the provisions of this chapter.
(b) If a nonconforming use of a building regulated by Section 41-199.4 is in violation of
any applicable federal, state, or local regulation for a period of sixty (60) consecutive
days, receives three noncompliant notices from a federal, state, or local regulatory
agency in a one (1) year period, or is in violation for a total of ninety (90) days in a
one (1) year period, legal nonconforming status shall be lost and any subsequent
use of the building shall conform in every respect to the provisions of this chapter.
Section 35. Section 41-885 (Regional planned sign program) of Chapter 41 of the
SAMC is hereby amended to read as follows:
Sec. 41-885. - Regional planned sign program.
a) Definitions:
Regional commercial center - A large commercial complex containing a
variety of stores, restaurants and other businesses housed in a series of
connected and/or adjacent buildings within an integrated campus that shares
common areas and parking facilities, and which fronts onto one or more
freeways. Said center must be located on a site of no less than fifteen (15)
acres.
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2. Regional automobile dealership - An automobile dealership licensed by the
state that sells new or used automobiles or other motor vehicles in
conjunction with new automobiles to the general public on an integrated site
which fronts onto one or more freeways or is on a site which is located within
three hundred (300) feet of the point where a freeway exit centerline
intersects with a city street.
3. Regional attraction - A large cultural or educational establishment such as a
museum or zoo, or other establishment that blends education, entertainment,
and/or amusement, and which fronts onto one or more freeways. Said
attraction must be located on a site of no less than five (5) acres.
4. Regional institution - An institution providing higher education such as a
college or university with minimum school year average enrollment of at least
1,000 students; a healthcare institution such as a medical office building
complex or hospital on a site of no less than five (5) acres.
b) Eligibility for a regional planned sign program:
1 t, The sign program is proposed for a site that is a regional commercial center,
regional automobile dealership, regional attraction, or a regional institution.
c) Signage and other on -premise advertising must meet the provisions of the sign code
meant to protect the health, safety, and welfare of residents and workers in the
immediate vicinity; signage shall be limited to only advertising on -site business
activities. All signage must comply with the provisions of sections 41-860 and 41-
861 of this chapter except as noted within those sections pursuant to approval of a
regional planned sign program described in this section.
d) The provisions of this section shall be applied in conjunction with chapter 41, article
XI, "On -Premise Signs" of this Code, provided however, in the event of a conflict
between the provisions within this section and the remainder of the City of Santa
Ana Sign Ordinance as outlined in chapter 41, article XI, "On -Premise Signs," the
provisions of this section shall prevail.
e) Electronic message displays may be permitted in regional planned sign programs
subject to the following conditions:
1. Any electronic message displays may not be located within 300 feet of
property zoned or used for residential purposes, as measured from the face
of the electronic message display to the nearest property line of the residential
property. The display(s) shall comply with the following requirements:
A. Be oriented in a way that:
Minimizes visual and light -emitting intrusion onto properties zoned or
used for residential purposes; and,
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Maximizes visibility from adjacent or nearby freeway corridors.
B. Produce a maximum 0.3 foot-candles over ambient light levels.
C. Include a means of ensuring additional flexibility in reducing light levels
upon request by the city.
D. Provide a means of limiting excessive light or glare.
E. Have automatic diming capabilities.
2. The sign copy shall comply with the following requirements:
A. Where screen transitions are used, such transitions shall not give the
appearance of moving text or images, and should use smooth effects,
such as fades, rather than abrupt transitions. The sign copy shall not use
flashing, intermittent or moving lights or produce the optical illusion of
movement.
B. Each sign copy shall be displayed for a minimum of eight'(8) seconds.
3. No electronic message display shall be located on a ground sign within fifty
(50) feet of a traffic signal or sign, or placed in a location that would not
maintain safe conditions for motorists, pedestrians, or cyclists as determined
by the public works agency.
4. The property owner shall comply with Santa Ana Municipal Code section 41-
638.2, establishing standards for graffiti abatement.
The property owner shall provide the city and the public a designated phone
number and email address for emergencies or complaints that will be
accessible 24 hours a day, seven days per week.
6. In addition to their on -premise advertising and identification purposes, the
signs must make available a minimum amount of display time to be used for
public service announcements or warning signs as requested and provided
by the city of Santa Ana. Such minimum time will be established as a
condition of approval for the regional planned sign program.
7. The sign shall comply with any and all federal, state and local laws,
regulations and permitting requirements.
f) A regional planned sign program may be submitted by an applicant representing or
owning the project site or may be required for a development project when the
Planning Director or his or her designee determines that such a sign program is
necessary because of special project characteristics.
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g) Applications for regional planned sign programs shall be accompanied by photo
simulations of all proposed signage showing daytime and nighttime conditions in
addition to standard forms, exhibits, and other materials requested by staff as
required for a complete submittal.
h) Every application under this chapter for a regional planned sign program or appeal
to the city council shall be accompanied by a filing fee. No application shall be
accepted for filing without the required fee, except that all governmental agencies
are exempted from the fee requirement. The city council shall from time to time by
resolution adopt a schedule of fees to be charged, a copy of which shall be
maintained in the office of the planning department.
i) An application to permit a regional planned sign program must be approved by the
Planning Commission and be reviewed subject to compliance with the following
sections of the Santa Ana Municipal Code:
41-633, requiring forms, descriptions, notification of surrounding property
owners, and signature(s) from recorded property owner(s), as applicable;
2. 41-635 through 41-637, scheduling for public hearing, providing notice of
hearing, and continuances;
3. 41-642, reviewing the decision of the planning commission by the city council;
4. 41-645 and 41-646, processing appeals;
5. 41-647 and 41-647.5, utilizing such permits and violations of such permits;
6. 41-649, modifying such permits; and
7. 41-651, revoking of such permits.
j) In granting or denying a regional planned sign program, the planning commission
shall make the following findings of fact and may impose conditions, restrictions or
limitations as the commission may determine to be necessary to meet the general
purpose and intent of this chapter and to ensure that the public health, safety and
welfare are being maintained. Findings shall be made and conditions may be
imposed to confirm that:
The scale and intensity of the proposed signage is consistent and harmonious
with surrounding land uses and does not create conditions that could contribute
to visual or physical blight, intrusion, or similar incompatibilities.
The location of the proposed signage will not contribute towards a hazardous
environment for pedestrians, cyclists, or motorists on city streets or freeways.
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3. The proposed signage is compatible with the scale, intensity, and site
development characteristics on which it is proposed. Scale, intensity, and site
development characteristics may be determined by:
A. Height of existing or proposed buildings on -site;
B. Quantity of freestanding buildings, facades, and street frontages;
C. Scale of buildings as they relate to pedestrian and vehicular access,
surrounding land uses, and transportation corridors;
D. Visibility from streets, highways, pedestrian areas, rail corridors, bikeways,
other transportation routes, parks, and other public spaces;
E. Architecture, color(s), material(s), illumination, and other site characteristics;
and nature of business activities conducted on -site; and,
F. Visibility from any property used or zoned for residential purposes
k) Appeals from decisions of the planning commission, extensions, time limits, and
modifications to such regional planned sign programs must be conducted in a
manner in accordance with chapter 41, article v, division 1 of the Santa Ana
Municipal Code.
Section 36. Section 41-1251 (Permits required) of Chapter 41 of the SAMC is
hereby amended to read as follows:
Sec. 41-1251. - Permits required.
(a) No person shall cause or permit the placement, construction, or operation of any small
collection facility which is not located on property within a commercial zoning district
and designated as a convenience zone where such uses are permitted by this section
and which has not been issued either a land use certificate or a conditional use permit
as required by this section and has produced documentation verifying certification by
the State of California Department of Conservation. Applicants must also provide
written proof of possession of State of California Workman's Compensation coverage
and be in possession of a current Weighmaster's License.
(b) Small collection facilities may be permitted on any property which is zoned and used
for commercial and designated as a convenience zone or on property within an
industrial zoning district. Light processing facilities and heavy processing facilities are
permitted only in the M1 and M2 zoning districts with the approval of a conditional use
permit.
(c) A land use certificate shall be issued for any small collection facility which complies
with the applicable standards set forth in this article.
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Section 37. Section 41-1309.1 (Change of use, exceptions) of Chapter 41 of the
SAMC is hereby amended to read as follows:
Sec. 41-1309.1. - Change of use, exceptions.
Upon the change of use of an existing building, lot, or a portion of a building or lot,
additional parking and loading spaces shall be provided for the new use as required by this
chapter over and above the number of parking and loading spaces required by this chapter
for the prior use only, with the following exceptions:
(1) Change of use in a historic district or registered historic property. Any change of
use permitted in a historic resource shall not be required to provide additional
parking to that legally required prior to the change of use.
(2) Change of use in a space under two thousand five hundred (2,500) square feet.
The occupancy of any tenant space of less than two thousand five hundred (2,500)
square feet in all zones, may be interchanged among the below land uses without
the need to provide additional parking beyond that currently provided on -site or in
covenanted off -site spaces. The prior use must have been established with a valid
business license and certificate of occupancy. Required parking shall be
determined by the last occupancy that did not use this subsection in a space under
two thousand five hundred (2,500) square feet in all zones. Parking will be
determined by section 41-1300.
Professional, business, and administrative offices
• Service uses
• Medical offices
• Restaurants/eating establishments
• Retail and service activities
• Live/work spaces
• Banks and financial institutions
• Gymnasiums and studios operated for commercial or public purposes
(3) Change in use from industrial to retail as permitted in section 41-472 of this code
shall not be required to provide additional parking spaces beyond that provided
on -site or in covenanted off -site spaces when the retail component of the use is
equal to or less than 50 percent of the gross square footage of the tenant space.
Section 38. Section 41-1751 (Definitions) of Chapter 41 of the SAMC is hereby
amended to read as follows:
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Sec. 41-1751. Definitions.
Unless the particular provision or the context otherwise requires, the definitions and
provisions contained in this section shall govern the construction, meaning, and application
of words and phrases used in this chapter:
(a) "California Massage Therapy Council" or "CMTC" means the state -organized,
non-profit organization created to regulate the massage industry as set forth in
Chapter 10.5 of Division 2 of the California Business and Professions Code
(commencing with Section 4600, as amended).
(b) "Chair massage service" means where a patron receives a massage while fully
clothed in a public or semipublic area. The areas massaged are the head, neck,
back, arms, and feet only.
(c) "Employee" includes every owner, partner, operator, manager, supervisor and
worker, whether part-time, full-time, or temporary, whether paid or not, who
renders services of any nature or is otherwise employed in the operation of a
massage establishment. For purposes of this chapter, the term employee shall
also include massage technicians who provide massage services as
independent contractors to a massage establishment.
(d) "Manager" means the owner or operator of the massage establishment, or any
person(s) designated by the owner or operator to act as the representative and
agent of the owner or operator in managing daily operations. Evidence of
management may include, but is not limited to, evidence that the individual has
power to direct or hire and dismiss employees, control hours of operation, create
policy or rules, or purchase supplies.
(e) "Massage" means any scientific manipulation of soft tissue, or method of
applying pressure on, or friction against, or stroking, kneading, rubbing, tapping,
pounding, vibrating, or stimulating the external parts of the human body with the
hands or with the aid of any mechanical or electrical apparatus or appliances, or
with or without supplementary aids such as rubbing alcohol, liniments,
antiseptics, oils, powder, creams, ointments, or other similar preparations
commonly used in this practice.
(f) "Massage certificate" means a certificate issued by the CMTC pursuant to
Section 4604 of the Business and Professions Code (Chapter 10.5 commencing
with section 4600, as amended).
(g) "Massage establishment" means any establishment having a fixed place of
business where any individual, firm, association, partnership, corporation, or
combination of individuals, engages in, conducts, carries on or permits to be
engaged in, conducted or carried on, massages, baths, or health treatments
involving massage or baths as regular functions.
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(h) "Massage establishment, ancillary" means a massage establishment that is
operated as an ancillary use in conjunction with an approved health club, athletic
club, gym, or hotel or in conjunction with a medical office. For the purpose of this
definition, an ancillary use shall mean a use that is not more than twenty-five (25)
percent of the floor area of the related health or athletic activities of the primary
use.
(i) "Massage technician" means any massage practitioner, masseuse, massage
therapist or any person who administers or in any way assists in administering
any form of massage, bath, or health treatment involving massages or baths as
the principal functions to another person for any consideration whatsoever. A
massage technician may be an employee or independent contractor.
Section 39. Section 41-1752 (Permitted zones and locations) of Chapter 41 of the
SAMC is hereby amended to read as follows:
Sec. 41-1752. - Permitted zones and locations.
(a) A chair massage service may be located in commercial zoning districts where retail and
service uses are permitted.
(b) An ancillary massage establishment may only be located in zoning districts that permit
health clubs, athletic clubs, gyms, hotels, or where medical services are permitted.
(c) Massage establishments may be located within the following zoning districts subject to
the issuance of a conditional use permit:
(1) Massage establishments may be permitted on parcels in the C1, C1-MD, C2,
C4, C5, or CSM zoning districts.
(2) Massage establishments may be permitted on a parcel within any Specific Plan
or Specific Development zoning district in which massage establishments are
defined and permitted.
(3) Massage establishments are not permitted in any other zoning district.
Section 40. Section 41-1753 (Permits and certificates -contents of application) of
Chapter 41 of the SAMC is hereby amended to read as follows:
Sec. 41-1753. - Permits and certificates -contents of application.
No massage establishment may be operated or established in the city without first
obtaining the following:
(a) No chair massage service or ancillary massage establishment may be operated or
established in the city without first obtaining the following:
(1) Approved certificate of occupancy.
Ordinance No. NS-3038
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(2) A city issued business license.
(3) Approved massage establishment permit issued by the chief of police, as set
forth in Section 22-2 of this Code.
(b) No massage establishment may be operated or established in the city without first
obtaining the following:
(1) Approved conditional use permit.
(2) Approved certificate of occupancy.
(3) A city issued business license.
(4) Approved massage establishment permit issued by the chief of police, as set
forth in section 22-2 of this Code.
Section 41. Section 41-1754 (Development and operating standards) of Chapter
41 of the SAMC is hereby amended to read as follows:
Sec. 41-1754. Development and operating standards.
(a) The following development and operating standards shall be applied to the operation
of any chair massage, ancillary massage establishment, or massage establishment:
(1) The owner must advise the city, in writing, at the time of the application for a
permit of the business hours and, thereafter, of any changes in such hours. No
person shall operate a chair massage, ancillary massage establishment, or
massage establishment or administer a massage in any establishment between
the hours of 10:00 p.m. and 8:00 a.m. A massage begun any time before 10:00
p.m., must nevertheless terminate at 10:00 p.m. All customers, patrons and
visitors shall be excluded from the chair massage, ancillary massage
establishment or massage establishment during these hours and be advised of
these hours.
(2) All exterior signs identifying the premises as a chair massage, ancillary massage
establishment, or massage establishment shall comply with the sign
requirements of the city.
(3) Each operator and/or on -duty responsible employee shall display the massage
establishment permit in a conspicuous public place in the lobby of the business.
(4) The hours of operation must be posted in the front window and clearly visible
from the outside.
Ordinance No. NS-3038
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(5) The operator and/or on -duty responsible employee must also post, on a daily
basis in a conspicuous public place in the lobby, the name of the operator and/or
on -duty responsible employee as well as all on -duty massage technicians.
(6) "No loitering" signs shall be posted at the front and rear of the business. No
outside waiting or seating area is permitted in accordance with section 602 of the
Penal Code.
(7) Employees shall beat least eighteen (18) years of age. There shall be a minimum
of one (1) employee managing the business during all working hours. During
each employee's working hours, the employee shall wear a city issued badge
identifying the business and the employee's full name.
(8) Occupancy shall not exceed that required under the Uniform Building Code and
Uniform Fire Code, and the maximum occupancy load shall be posted at the
main entrance.
(9) Window areas shall not be covered or made opaque in anyway. All windows and
entrances must be unobstructed at all times.
(10) Lighting levels on the premises within sixty (60) feet of the use and in all required
parking areas shall be maintained at a minimum one (1) foot-candle of light.
(11) No exterior pay phones shall be permitted.
(12) Rear exits are prohibited unless required by either the building code or the fire
code. When required, rear exit doors shall be kept in a locked closed position
and shall have panic hardware.
(13) No person shall be employed or permitted to act as a massage technician who
is not in possession of a valid, un-revoked massage certificate and a photo
identification card prepared and issued by the city as required in chapter 22 of
this Code.
(14) It shall be unlawful for any person to perform any massage upon a member of
the general public while on the premises of a school of massage.
(15) Residing in a chair massage, ancillary massage establishment, or massage
establishment is prohibited. No person or persons shall be allowed to live, reside
or dwell inside the business at any time. No food of any kind shall be prepared
for sale or sold in the establishment.
(16) No interior doors may be locked during operating hours.
Section 42. Section 41-2109 (Requirements) of Chapter 41 of the SAMC is hereby
amended to read as follows:
Sec. 41-2109. - Requirements.
Ordinance No. NS-3038
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An urban lot split must satisfy each of the following requirements:
(a) Map Act Compliance.
(1) The urban lot split must conform to all applicable objective requirements of
the Subdivision Map Act (Gov. Code section 66410 et. seq., "SMA") and
implementing requirements in this Code, except as otherwise expressly
provided in this division.
(2) If an urban lot split violates any part of the SMA, the city's subdivision
regulations, including this division, or any other legal requirement:
(A) The buyer or grantee of a lot that is created by the urban lot split has all
the remedies available under the SMA, including, but not limited to, an
action for damages or to void the deed, sale, or contract.
(B) The city has all the remedies available to it under the SMA, including, but
not limited to, the following:
(i) An action to enjoin any attempt to sell, lease, or finance the
property.
(ii) An action for other legal, equitable, or summary remedy, such
as declaratory and injunctive relief.
(iii) Criminal prosecution, punishable by imprisonment in county jail
or state prison for up to one (1) year, by a fine of up to ten
thousand dollars ($10,000.00), or both; or a misdemeanor.
(iv) Record a notice of violation.
(v) Withhold any or all future permits and approvals.
(3) Notwithstanding section 66411.1 of the SMA, no dedication of rights -of -way
or construction of offsite improvements is required for an urban lot split.
(b) Zone. The lot to be split is in a zoning district that allows single-family residences.
(c) Lot Location.
(1) The lot to be split is not located on a site that is any of the following:
(A) Prime farmland, farmland of statewide importance, or land that is zoned
or designated for agricultural protection or preservation by the voters.
(B) A wetland.
Ordinance No. NS-3038
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(C) Within a very high fire hazard severity zone, unless the site complies with
all fire -hazard mitigation measures required by existing building
standards.
(D) A hazardous waste site that has not been cleared for residential use.
(E) Within a delineated earthquake fault zone, unless all development on the
site complies with applicable seismic protection building code standards.
(F) Within a 100-year flood hazard area, unless the site has either:
(i) Been subject to a Letter of Map Revision prepared by the
Federal Emergency Management Agency and issued to the
local jurisdiction; or
(ii) Meets Federal Emergency Management Agency requirements
necessary to meet minimum flood plain management criteria of
the National Flood Insurance Program.
(G) Within a regulatory floodway, unless all development on the site has
received a no -rise certification.
(H) Land identified for conservation in an adopted natural community
conservation plan, habitat conservation plan, or other adopted natural
resource protection plan.
(1) Habitat for protected species.
(J) Land under conservation easement.
(2) The applicant must provide evidence that the requirements of Government
Code section 65913.4(a)(6)(B)-(K) are satisfied.
(d) Not Historic. The lot to be split must not be a historic property or within a historic
district that is included on the State Historic Resources Inventory. Nor may the lot
be or be within a site that is designated by ordinance or resolution as a city or
county landmark or as a historic property or district.
(e) No Prior Urban Lot. Split.
(1) The lot to be split was not established through a prior urban lot split.
(2) The lot to be split is not adjacent to any lot that was established through a
prior urban lot split by the owner of the lot to be split or by any person acting
in concert with the owner.
(f) No Impact on Protected Housing.
Ordinance No. NS-3038
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(1) The urban lot split must not require or include the demolition or alteration of
any of the following types of housing:
(A) Housing that is income -restricted for households of moderate, low, or
very low income.
(B) Housing that is subject to any form of rent or price control through a public
entity's valid exercise of its policy power.
(C) Housing, or a lot that used to have housing, that has been withdrawn
from rental or lease under the Ellis Act (Gov. Code sections 7060-7060.7)
at any time in the fifteen (15) years prior to submission of the urban lot
split application.
(D) Housing that has been occupied by a tenant in the last three (3) years.
(2) As part of the urban lot split application, the applicant and the owner of a
property must provide a sworn statement by affidavit representing and
warranting that subsection (f)(1) above is satisfied.
(A) The sworn statement must state the following:
(i) No housing that is income -restricted for households of
moderate, low, or very low income will be demolished or altered.
(ii) No housing that is subject to any form of rent or price control
will be demolished or altered.
(iii) No housing that has been withdrawn from rental or lease under
the Ellis Act at any time in the last fifteen (15) years will be
demolished or altered.
(iv) No housing that has been occupied by a tenant in the last three
(3) years will be demolished or altered.
(B) The city may conduct its own inquiries and investigation to ascertain the
veracity of the sworn statement, including, but not limited to, surveying
owners of nearby properties; and the city may require additional evidence
of the applicant and owner as necessary to determine compliance with
this requirement.
(g) Lot Size.
(1) The lot to be split must be at least two thousand four hundred (2,400) square
feet.
(2) The resulting lots must each be at least one thousand two hundred (1,200)
square feet.
Ordinance No. NS-3038
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(3) Each of the resulting lots must be between forty (40) percent and sixty (60)
percent of the original lot area.
(h) Easements.
(1) The owner must enter into an easement agreement with each public-service
provider to establish easements that are sufficient for the provision of public
services and facilities to each of the resulting lots.
(2) Each easement must be shown on the tentative parcel map.
(3) Copies of the unrecorded easement agreements must be submitted with the
application. The easement agreements must be recorded against the
property before the final map may be approved, in accordance with section
41-2108(b).
(4) If an easement is recorded and the project is not completed, making the
easement moot, the property owner may request, and the city will provide, a
notice of termination of the easement, which the owner may record.
(i) Lot Access.
(1) Each resulting lot must adjoin a public street right-of-way that meets the
established standards for is designated street classification as specified in the
Mobility Element of the General Plan.
(2) Each resulting lot must have frontage on the public street right-of-way of at
least twelve and one-half (12.5) feet.
(3) Vehicle access easement serving a maximum of two (2) units shall be a
minimum of twelve (12) feet in width and shall have a minimum length of
twenty (20) feet.
0) Unit Standards.
(1) Quantity. No more than two (2) dwelling units of any kind may be built on a
lot that results from an urban lot split. For purposes of this paragraph, "unit'
means any dwelling unit, including, but not limited to, a primary dwelling unit,
a unit created under this article, an ADU, or a JADU.
(2) Unit Size.
(A) The total floor area of each primary dwelling that is developed on a
resulting lot must be:
(i) Less than or equal to eight hundred (800); and
(ii) More than five hundred (500) square feet.
Ordinance No. NS-3038
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(B) A primary dwelling that was legally established prior to the urban lot split
and that is larger than eight hundred (800) square feet is limited to the
lawful floor area at the time of the urban lot split. It may not be expanded.
(C) A primary dwelling that was legally established prior to the urban lot split
and that is smaller than eight hundred (800) square feet may be
expanded to eight hundred (800) square feet after the urban lot split.
(3) Height Restrictions.
(A) On a resulting lot that is smaller than two thousand (2,000) square feet,
no new primary dwelling unit may exceed two (2) stories or twenty-two
(22) feet in height, measured from finished grade to peak of the structure.
Any portion of a new primary dwelling that exceeds one (1) story must
be stepped back by an additional five (5) feet from the ground floor; no
balcony deck or other portion of the second story may project into the
stepback.
(B) No rooftop deck is permitted on any new or remodeled dwelling or
structure on a lot resulting from an urban lot split.
(4) Lot Coverage. The maximum building coverage of net lot area shall be thirty-
five (35) percent. If new structures are proposed to be one-story and be deed
restricted to be maintained as one-story structures in perpetuity, a fifty (50)
percent lot coverage is allowed. This lot coverage standard is only enforced
to the extent that it does not prevent two (2) primary dwelling units on the lot
at eight hundred (800) square feet each.
(5) Open Space. Private open space shall be provided for each unit at a minimum
of one hundred (100) square feet in the form of a private covered patio or
deck. The minimum dimensions of such space shall be eight (8) feet in each
direction. This open space standard is only enforced to the extent that it does
not prevent two (2) primary dwelling units on the lot at eight hundred (800)
square feet each.
(6) Setbacks.
(A) Generally. All setbacks must conform to those objective setbacks that
are imposed through the underlying zone.
(B) Exceptions. Notwithstanding subsection j(6)(A) above:
(i) Existing Structures. No setback is required for an existing
legally established structure or for a new structure that is
constructed in the same location and to the same dimensions
as an existing legally established structure.
Ordinance No. NS-3038
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(ii) Eight hundred (800) sf,- four -foot side and rear. The setbacks
imposed by the underlying zone must yield to the degree
necessary to avoid physically precluding the construction of up
to two (2) units on the lot or either of the two (2) units from being
at least eight hundred (800) square feet in floor area; but in no
event may any structure be less than four (4) feet from a side or
rear property line.
(C) Front Setback Area. Notwithstanding any other part of this Code,
dwellings that are constructed after an urban lot split must be at least
twenty (20) feet from the front property lines. The front setback areas
must:
Be kept free from all structures greater than three (3) feet high;
(ii) Be at least fifty (50) percent landscaped with drought -tolerant
plants, with vegetation and irrigation plans approved by a
licensed landscape architect; and
(iii) Allow for vehicular and fire -safety access to the front structure.
(7) Parking. Each new primary dwelling unit that is built on a lot after an urban lot
split must have at least one (1) off-street parking space per unit unless one
(1) of the following applies:
(A) The lot is located within one-half (%) mile walking distance of either:
(i) A corridor with fixed route bus service with service intervals no
longer than fifteen (15) minutes during peak commute hours; or
(ii) A site that contains:
(ia) An existing rail or bus rapid transit station; or
(ib) The intersection of two (2) or more major bus routes with a
frequency of service interval of fifteen (15) minutes or less
during the morning and afternoon peak commute periods.
(B) The site is located within one (1) block of a car -share vehicle location. A
car -share vehicle shall mean a motor vehicle that is operated as part of
a regional fleet by a public or private car sharing company or organization
and provides hourly or daily service.
(8) Architecture.
(A) If there is a legal primary dwelling on the lot that was established before
the urban lot split, any new primary dwelling unit must match the existing
primary dwelling unit in exterior materials, color, and dominant roof pitch.
Ordinance No. NS-3038
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The dominant roof slope is the slope shared by the largest portion of the
roof.
(B) If there is no legal primary dwelling on the lot before the urban lot split,
and if two (2) primary dwellings are developed on the lot, the dwellings
must match each other in exterior materials, color, and dominant roof
pitch. The dominant roof slope is the slope shared by the largest portion
of the roof.
(C) All new structures and conversions of existing accessory structures shall
meet objective standards of Division 3 of this article.
(D) If a dwelling is constructed on a lot after an urban lot split and any portion
of the dwelling is less than three (3) feet from a property line that is not a
public right-of-way line, then all windows and doors in that portion must
either be (for windows) clerestory with the bottom of the glass at least six
(6) feet above the finished floor, or (for windows and for doors) utilize
frosted or obscure glass.
(9) Landscaping.
(A) The project shall be designed meeting all the landscaping standards of
the Santa Ana Municipal Code set forth in section 41-240.
(B) Evergreen landscape screening must be planted and maintained
between each dwelling and adjacent lots (but not rights -of -way) as
follows:
(i) At least one 15-gallon size plant shall be provided for every five
(5) linear feet of exterior wall. Alternatively, at least one (1) 24-
inch box size plant shall be provided for every ten (10) linear
feet of exterior wall.
(ii) Plant specimens must be at least six (6) feet tall when installed.
As an alternative, a solid fence of at least six (6) feet in height
may be installed.
(iii) All landscaping must be drought -tolerant.
(iv) All landscaping must be from the city's approved plant list.
(10)Nonconforming Conditions. An urban lot split may be approved without
requiring a legal nonconforming zoning condition to be corrected.
(11) Utilities.
(A) Each primary dwelling unit on the lot must have its own direct utility
connection to the utility service provider.
Ordinance No. NS-3038
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(B) Notwithstanding subsection j(11)(A) above, a primary dwelling unit may
have a direct utility connection to an onsite wastewater treatment system
in accordance with this paragraph and the city's code. Each primary
dwelling unit on the lot that is or that is proposed to be connected to an
onsite wastewater treatment system must first have a percolation test
completed within the last five (5) years or, if the percolation test has been
recertified, within the last ten (10) years.
(C) All utilities must be underground.
(12) Building and Safety. All structures built on the lot must comply with all current
local building standards. An urban lot split is a change of use.
(k) Separate Conveyance.
(1) Within a resulting lot.
(A) Primary dwelling units on a lot that is created by an urban lot split may
not be owned or conveyed separately from each other.
(B) Condominium airspace divisions and common interest developments are
not permitted on a lot that is created by an urban lot split.
(C) All fee interest in a lot and all dwellings on the lot must be held equally
and undivided by all individual property owners.
(D) No timeshare, as defined by state law or this Code, is permitted. This
includes any co -ownership arrangement that gives an owner the right to
exclusive use of the property for a defined period or periods of time.
(2) Between resulting lots. Separate conveyance of the resulting lots is permitted.
If dwellings or other structures (such as garages) on different lots are adjacent
or attached to each other, the urban lot split boundary may separate them for
conveyance purposes if the structures meet building code safety standards
and are sufficient to allow separate conveyance. If any attached structures
span or will span the new lot line, the owner must record appropriate CC&Rs,
easements, or other documentation that is necessary to allocate rights and
responsibility between the owners of the two (2) lots.
(1) Regulation of Uses.
(1) Residential -only. No non-residential use is permitted on any lot created by
urban lot split.
(2) No short-term vacation rentals (STRs). No dwelling unit on a lot that is created
by an urban lot split may be rented for a period of less than thirty (30) days.
Ordinance No. NS-3038
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(3) Owner Occupancy. The applicant for an urban lot split must sign an affidavit
stating that the applicant intends to occupy one (1) of the dwelling units on
one (1) of the resulting lots as the applicant's principal residence for a
minimum of three (3) years after the urban lot split is approved.
(m) Notice of Construction.
(1) At least thirty (30) business days before starting any construction of a
structure on a lot created by an urban lot split, the property owner must give
written notice to all the owners of record of each of the adjacent residential
parcels, which notice must include the following information:
(A) Notice that construction has been authorized;
(B) The anticipated start and end dates for construction;
(C) The hours of construction;
(D) Contact information for the project manager (for construction -related
complaints); and
(E) Contact information for the Building & Safety Department.
(2) This notice requirement does not confer a right on the noticed persons or on
anyone else to comment on the project before permits are issued. Approval
is ministerial. Under state law, the City has no discretion in approving or
denying a particular project under this section. This notice requirement is
purely to promote neighborhood awareness and expectation.
(n) Deed Restriction. The owner must record a deed restriction on each lot that results
from the urban lot split, on a form approved by the city, that does each of the
following:
(1) Expressly prohibits any rental of any dwelling on the property for a period of
less than thirty (30) days.
(2) Expressly prohibits any non-residential use of the lots created by the urban
lot split.
(3) Expressly prohibits any separate conveyance of a primary dwelling on the
property, any separate fee interest, and any common interest development
within the lot.
(4) Expressly requires that any net new unit created as a result of the provisions
of this Division be deed restricted for affordable housing at the following
levels:
Ordinance No. NS-3038
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(A) Rental products shall be made affordable to very low or low income
households.
(B) For -sale products shall be made affordable to moderate income
households.
(5) States that:
(A) The lot is formed by an urban lot split and is therefore subject to the city's
urban lot -split regulations, including all applicable limits on dwelling size
and development.
(B) Development on the lot is limited to development of residential units
under Divisions 2 and 3 of this article, except as required by State law.
Section 43. Section 41-2115 (Requirements) of Chapter 41 of the SAMC is hereby
amended to read as follows:
Sec. 41-2115. - Requirements.
A two -unit project must satisfy each of the following requirements:
(a) Map Act Compliance. The lot must have been legally subdivided.
(b) Zone. The lot is in a single-family residential zone.
(c) Lot Location.
(1) The lot is not located on a site that is any of the following:
(A) Prime farmland, farmland of statewide importance, or land that is zoned
or designated for agricultural protection or preservation by the voters.
(B) A wetland.
(C) Within a very high fire hazard severity zone, unless the site complies with
all fire -hazard mitigation measures required by existing building
standards.
(D) A hazardous waste site that has not been cleared for residential use.
(E) Within a delineated earthquake fault zone, unless all development on the
site complies with applicable seismic protection building code standards.
(F) Within a 100-year flood hazard area, unless the site has either:
Ordinance No. NS-3038
Page 43 of 54
(i) Been subject to a Letter of Map Revision prepared by the
Federal Emergency Management Agency and issued to the
local jurisdiction; or
(ii) Meets Federal Emergency Management Agency requirements
necessary to meet minimum flood plain management criteria of
the National Flood Insurance Program.
(G) Within a regulatory floodway, unless all development on the site has
received a no -rise certification.
(H) Land identified for conservation in an adopted natural community
conservation plan, habitat conservation plan, or other adopted natural
resource protection plan.
(1) Habitat for protected species.
(J) Land under conservation easement.
(2) The applicant must provide evidence that the requirements of Government
Code section 65913.4(a)(6)(B)-(K) are satisfied.
(d) Not Historic. The lot must not be a historic property or within a historic district that
is included on the State Historic Resources Inventory. Nor may the lot be or be
within a site that is designated by ordinance or resolution as a city or county
landmark or as a historic property or district, or a structure of merit. A structure of
merit is defined as meeting one or more of the following:
(1) It is associated with events that have made a significant contribution in our
past.
(2) It is associated with the lives of persons significant in our past.
(3) It embodies the distinctive characteristics of a type, period, architectural style
or method of construction, or represents the work of a master, or possesses
high artistic or historic value, or represents a significant and distinguishable
collection whose individual components may lack distinction.
(4) It yields, or maybe likely to yield, information important in prehistory or history.
(5) Its unique location or singular physical characteristic represents an
established and familiar visual feature of a neighborhood.
(e) No Impact on Protected Housing.
(1) The two -unit project must not require or include the demolition or alteration of
-any of the following types of housing:
Ordinance No. NS-3038
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(A) Housing that is income -restricted for households of moderate, low, or
very low income.
(B) Housing that is subject to any form of rent or price control through a public
entity's valid exercise of its policy power.
(C) Housing, or a lot that used to have housing, that has been withdrawn
from rental or lease under the Ellis Act (Gov. Code sections 7060-7060.7)
at any time in the fifteen (15) years prior to submission of the urban lot
split application.
(D) Housing that has been occupied by a tenant in the last three (3) years.
(2) As part of the two -unit project application, the applicant and the owner of a
property must provide a sworn statement by affidavit representing and
warranting that subsection (e)(1) above is satisfied.
(A) The sworn statement must state the following:
(i) No housing that is income -restricted for households of
moderate, low, or very low income will be demolished or altered.
(ii) No housing that is subject to any form of rent or price control
will be demolished or altered.
(iii) No housing that has been withdrawn from rental or lease under
the Ellis Act at any time in the last fifteen (15) years will be
demolished or altered.
(iv) No housing that has been occupied by a tenant in the last three
(3) years will be demolished or altered.
(B) The city may conduct its own inquiries and investigation to ascertain the
veracity of the sworn statement, including, but not limited to, surveying
owners of nearby properties; and the city may require additional evidence
of the applicant and owner as necessary to determine compliance with
this requirement.
(f) Unit Standards.
(1) Quantity.
(A) No more than two (2) dwelling units of any kind may be built on a lot that
results from an urban lot split. For purposes of this paragraph, "unit'
means any dwelling unit, including, but not limited to, a primary dwelling
unit, a unit created under this article, an ADU, or a JADU.
Ordinance No. NS-3038
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(B) A lot that is not created by an urban lot split may have a two -unit project
under this section, plus any ADU or JADU that must be allowed under
state law and the city's ADU ordinance.
(2) Unit Size.
(A) The total floor area of each primary dwelling built that is developed under
this section must be:
(i) Less than or equal to eight hundred (800); and
(ii) More than five hundred (500) square feet.
(B) A primary dwelling that was legally established on the lot prior to the two -
unit project and that is larger than eight hundred (800) square feet is
limited to the lawful floor area at the time of the two -unit project. The unit
may not be expanded.
(C) A primary dwelling that was legally established prior to the two -unit
project and that is smaller than eight hundred (800) square feet may be
expanded to eight hundred (800) square feet after or as part of the two -
unit project.
(3) Height Restrictions.
(A) On a lot that is smaller than two thousand (2,000) square feet, no new
primary dwelling unit may exceed two (2) stories or twenty-two (22) feet
in height, measured from grade to peak of the structure. Any portion of a
new primary dwelling that exceeds one (1) story must be stepped back
by an additional five (5) feet from the ground floor; no balcony deck or
other portion of the second story may project into the stepback.
(B) No rooftop deck is permitted on any new or remodeled dwelling or
structure on a lot with a two -unit project.
(4) Demo Cap. The two -unit project may not involve the demolition of more than
twenty-five (25) percent of the existing exterior walls of an existing dwelling
unless the site has not been occupied by a tenant in the last three (3) years.
(5) Lot Coverage. The maximum building coverage of net lot area shall be thirty-
five (35) percent. If new structures are proposed to be one-story and be deed
restricted to be maintained as one-story structures in perpetuity, a fifty (50)
percent lot coverage is allowed. This lot coverage standard is only enforced
to the extent that it does not prevent two (2) primary dwelling units on the lot
at eight hundred (800) square feet each.
(6) Open Space. Private open space shall be provided for each unit at a minimum
of one hundred (100) square feet in the form of a private covered patio or
Ordinance No. NS-3038
Page 46 of 54
deck. The minimum dimensions of such space shall be eight (8) feet in each
direction. This open space standard is only enforced to the extent that it does
not prevent two (2) primary dwelling units on the lot at eight hundred (800)
square feet each.
(7) Setbacks.
(A) Generally. All setbacks must conform to those objective setbacks that
are imposed through the underlying zone.
(B) Exceptions. Notwithstanding subsection (f)(7)(A) above:
(i) Existing Structures. No setback is required for an existing
legally established structure or for a new structure that is
constructed in the same location and to the same dimensions
as an existing legally established structure.
(ii) Eight hundred (800) sf,- four -foot side and rear. The setbacks
imposed by the underlying zone must yield to the degree
necessary to avoid physically precluding the construction of up
to two (2) units on the lot or either of the two (2) units from being
at least eight hundred (800) square feet in floor area; but in no
event may any structure be less than four (4) feet from a side or
rear property line.
(C) Front Setback Area. Notwithstanding any other part of this Code,
dwellings that are constructed under this section must be at least twenty
(20) feet from the front property lines. The front setback area must:
(i) Be kept free from all structures greater than three (3) feet high;
(ii) Be at least fifty (50) percent
plants, with vegetation and
licensed landscape architect;
landscaped with drought -tolerant
irrigation plans approved by a
and
(iii) Allow for vehicular and fire -safety access to the front structure.
(D) Interior Side Yard and Rear Yard Setbacks. Dwelling units must provide
a minimum of four -foot interior side yard and rear yard setbacks for the
property line.
(E) Corner Lot Setbacks for side yards abutting a street. Dwellings that are
constructed pursuant to Divisions 2 and 3 of this article must provide
setbacks at least ten (10) feet from the side yard abutting the street.
(F) Existing Structures. No setback is required for an existing legally
established structure or for a new structure that is constructed in the
Ordinance No. NS-3038
Page 47 of 54
same location and to the same dimensions as an existing legally
established structure.
(8) Parking. Each new primary dwelling unit must have at least one (1) off-street
parking space per unit unless one (1) of the following applies:
(A) The lot is located within one-half ('/) mile walking distance of either:
(i) A corridor with fixed route bus service with service intervals no
longer than fifteen (15) minutes during peak commute hours; or
(ii) A site that contains:
(ia) An existing rail or bus rapid transit station; or
(ib) The intersection of two (2) or more major bus routes with a
frequency of service interval of fifteen (15) minutes or less
during the morning and afternoon peak commute periods.
(B) The site is located within one (1) block of a car -share vehicle location. A
car -share vehicle shall mean a motor vehicle that is operated as part of
a regional fleet by a public or private car sharing company or organization
and provides hourly or daily service.
(9) Architecture.
(A) If there is a legal primary dwelling on the lot that was established before
the two -unit project, any new primary dwelling unit must match the
existing primary dwelling unit in exterior materials, color, and dominant
roof pitch. The dominant roof slope is the slope shared by the largest
portion of the roof.
(B) If there is no legal primary dwelling on the lot before the two -unit project,
and if two (2) primary dwellings are developed on the lot, the dwellings
must match each other in exterior materials, color, and dominant roof
pitch. The dominant roof slope is the slope shared by the largest portion
of the roof.
(C) New roofing and siding materials that are shiny, mirror-like, or of a glossy
metallic finish are prohibited.
(D) All exterior lighting must be limited to down -lights.
(E) No window or door of a dwelling that is constructed on the lot may have
a direct line of sight to an adjoining residential property. Fencing,
landscaping, or privacy glass may be used to provide screening and
prevent a direct line of sight.
Ordinance No. NS-3038
Page 48 of 54
(F) If any portion of a dwelling is less than thirty (30) feet from a property line
that is not a public right-of-way line, then all windows and doors in that
portion must either be (for windows) clerestory with the bottom of the
glass at least six (6) feet above the finished floor, or (for windows and for
doors) utilize frosted or obscure glass.
(G) New skylights shall have flat glass panes. 'Bubble" or dome type
skylights are prohibited.
(H) The roof pitch/slope and roof style (e.g. hip, gable, mansard) of the
proposed unit addition shall be the same as the primary dwelling.
(1) If a garage is converted to new unit, the garage door opening shall be
replaced with exterior wall coverings, or residential window and doors, to
match the existing exterior garage wall covering and detailing.
(J) Additions or new construction shall comply with the following:
(i) On a site already developed with an existing residential unit, the
new unit shall be designed and constructed to match the
existing paint color and exterior building materials, including but
the limited to siding, windows, doors, roofing, light fixtures,
hardware, and railings.
(ii) If residential development is propped on a lot where not
residential units currently exist, the units shall be constructed
using the same architectural style, exterior building materials,
colors and finishes.
(iii) The size of the common indoor living areas of a dwelling unit,
such as the living room, dining room, kitchen, family room, etc.
must be equal to, or greater than, the square footage of
bedrooms provided.
(iv) Direct exterior access from a
of the dwelling unit shall be
French door.
first -floor bedroom to the exterior
through a sliding door or double
(v) Upper story unenclosed landings, decks, and balconies greater
than twenty (20) square feet that face or overlook an adjoining
property, shall be located a minimum of fifteen (15) feet from the
interior lot lines.
(vi) Water heaters (excluding tank less water heaters) and laundry
facilities (washer and dryer) may not be located on the exterior
of a dwelling unit.
(vii) Upper story unenclosed landings, decks, and balconies, that do
not face or overlook an adjoining property due to orientation or
Ordinance No. NS-3038
Page 49 of 54
topography, may be located at the located at the minimum as
allowed by the underlying zone interior setback line if an
architectural screening element such as enclosing walls,
trellises, awning, or perimeter planters with a five-foot minimum
height is incorporated into the unenclosed landing, deck, or
balcony.
(viii) Upper story windows located within fifteen (15) feet of an interior
lot line and face or overlook an adjoining property shall be
installed a minimum of forty-two (42) inches above finish floor.
(10) Landscaping. Evergreen landscape screening must be planted and
maintained between each dwelling and adjacent lots (but not rights -of -way)
as follows:
(A) At least one (1) 15-gallon size plant shall be provided for every five (5)
linear feet of exterior wall. Alternatively, at least one (1) 24-inch box size
plant shall be provided for every ten (10) linear feet of exterior wall.
(B) Plant specimens must be at least six (6) feet tall when installed. As an
alternative, a solid fence of at least six (6) feet in height may be installed.
(C) All landscaping must be drought -tolerant.
(D) All landscaping must be from the city's approved plant list.
(11)Nonconforming Conditions. A two -unit project may only be approved if all
nonconforming zoning conditions are corrected.
(12) Utilities.
(A) Each primary dwelling unit on the lot must have its own direct utility
connection to the utility service provider.
(B) Notwithstanding paragraph subsection (f)(12)(A) above, a primary
dwelling unit may have a direct utility connection to an onsite wastewater
treatment system in accordance with this paragraph and the city's code.
Each primary dwelling unit on the lot that is or that is proposed to be
connected to an onsite wastewater treatment system must first have a
percolation test completed within the last five (5) years or, if the
percolation test has been recertified, within the last ten (10) years.
(C) All utilities must be underground.
(13) Building and Safety. All structures built on the lot must comply with all current
local building standards. A project under this section is a change of use and
subjects the whole of the lot, and all structures, to the city's current code.
(g) Separate Conveyance.
Ordinance No. NS-3038
Page 50 of 54
(1) Primary dwelling units on the lot may not be owned or conveyed separately
from each other.
(2) Condominium airspace divisions and common interest developments are not
permitted within the lot.
(3) All fee interest in the lot and all the dwellings must be held equally and
undivided by all individual property owners.
(A) No timeshare, as defined by state law or this Code, is permitted. This
includes any co -ownership arrangement that gives an owner the right to
exclusive use of the property for a defined period or periods of time.
(h) Regulation of Uses.
(1) Residential -only. No non-residential use is permitted on the lot.
(2) No short term rentals (STRs). No dwelling unit on the lot may be rented for a
period of less than thirty (30) days.
(3) Owner Occupancy. Unless the lot was formed by an urban lot split, the
individual property owners of a lot with a two -unit project must occupy one (1)
of the dwellings on the lot as the owners' principal residence and legal
domicile.
(i) Notice of Construction.
(1) At least thirty (30) business days before starting any construction of a two -
unit project, the property owner must give written notice to all the owners of
record of each of the adjacent residential parcels, which notice must include
the following information:
(A) Notice that construction has been authorized.
(B) The anticipated start and end dates for construction.
(C) The hours of construction.
(D) Contact information for the project manager (for construction -related
complaints).
(E) Contact information for the Building and Safety Department.
(2) This notice requirement does not confer a right on the noticed persons or on
anyone else to comment on the project before permits are issued. Approval
is ministerial. Under state law, the City has no discretion in approving or
Ordinance No. NS-3038
Page 51 of 54
denying a particular project under this article. This notice requirement is
purely to promote neighborhood awareness and expectation.
(j) Deed Restriction. The owner must record a deed restriction, on a form approved
by the city, that does each of the following:
(1) Expressly prohibits any rental of any dwelling on the property for a period of
less than thirty (30) days.
(2) Expressly prohibits any non-residential use of the lot.
(3) Expressly prohibits any separate conveyance of a primary dwelling on the
property, any separate fee interest, and any common interest development
within the lot.
(4) If the lot does not undergo an urban lot split: Expressly requires the individual
property owners to live in one (1) of the dwelling units on the lot as the owners'
primary residence and legal domicile.
(5) Expressly requires that any net new unit created be deed restricted for
affordable housing at the following levels:
(A) Rental products shall be made affordable to very low or low income
households.
(B) For -sale products shall be made affordable to moderate income
households.
(6) Limits development of the lot to residential units that comply with the
requirements of this section, except as required by state law.
Section 44. Table 3-2 (Permitted Uses) of the Harbor Mixed Use Transit Corridor
Specific Plan (Specific Plan No. 2) is hereby amended as per Exhibit A of this Ordinance
to delete reference to "Child day care - more than 8 and up to 14 children" in its entirety
and to revise reference to "Child day care center (15 or more children)" to "Daycare center'.
Section 45. The definition of "Personal services — restricted" as appearing in the
Harbor Mixed Use Transit Corridor Specific Plan (Specific Plan No. 2) "Definitions" section
is hereby amended as per Exhibit A of this Ordinance to clarify the use, the section
referenced in the SAMC, and applicable standards.
Section 46. Table 2A (Use Standards) of Section 41-2007 of the Transit Zoning
Code (Specific Development No. 84) is hereby amended as per Exhibit B of this Ordinance
to delete reference to "Child day care - more than 8 and up to 14 children" in its entirety
and to revise reference to "Child care center' to "Daycare center". -
Section 47. The definition of "Personal Services — restricted" as appearing in
Section 41-2080 of the Transit Zoning Code (Specific Development No. 84) is hereby
Ordinance No. NS-3038
Page 52 of 54
amended as per Exhibit B of this Ordinance to clarify the use, section referenced in the
SAMC, and applicable standards.
Section 48. Table 3 (Permitted Land Uses) of Section 4.1 of the Metro East Mixed -
Use Overlay Zone is hereby amended as per Exhibit C of this Ordinance to replace all
references to "Child care facilities" with "Daycare centers," and to expressly permit and
require a conditional use permit for massage establishments in two districts within the plan
area.
Section 49. Table 3 (Permitted Land Uses) of Section 4.1 of the Metro East Mixed -
Use Overlay Zone is hereby amended as per Exhibit C of this Ordinance to include a
reference to "Massage establishments' and to permit them subject to a conditional use
permit in the Village Center and Active Urban districts of the overlay.
Section 50. 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 51. This ordinance shall become effective thirty (30) days after its adoption.
Section 52. The Clerk of the Council shall certify the adoption of this ordinance and
shall cause the same to be published as required by law.
ADOPTED this 7'h day of February, 202:
APPROVED AS TO FORM
Sonia R. Carvalho, City Attorney
By:
Jq&fi M. Funk
Chief Assistant City Attorney
Ordinance No. NS-3038
Page 53 of 54
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
Amezcua, Bacerra, Hernandez, Lopez,
Penaloza, Phan (6)
Vazquez(l)
None(0)
NOT PRESENT: Councilmembers None (0)
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS-
3038 to be the original ordinance adopted by the City Council of the City of Santa Ana on
February 7. 2023 and that said ordinance was published in accordance with the Charter
of the City of Santa Ana.
Date: I 1 23
Clerk of the Council
City of Santa Ana
Ordinance No. NS-3038
Page 54 of 54
Permitted Uses
CHAPTER 3: Land Use Plan and Development Standards
Table 3-2 shall regulate land uses within the Harbor Corridor Plan area. The table provides uses by district. The uses are indicated by abbreviation: permitted
(P), not permitted IN), permitted by Conditional Use Permit (CUP), permitted by Land Use Certificate (LU01, and permitted through Site Plan Review (SPR). The
Transit Node District is divided into two areas basil on their proximity to the transit stops.
Transit Name I North: Permitted uses shall apply to properties in the Transit Node District adjacent to the North Transit Stop as depicted in Figure 3-1,
Transit Node I South: Permitted uses shall apply to properties in the Transit Node District adjacent to the South Transit Stops as depicted in Figure 3-1.
Table 3.2. Permitted Uses
Joint living -working quarters
P(1)
P
a • a r , NEIGH TRANSmONAL
P(2)
Care homes
Single family dwelling
N
N
N
N
CUP
P
Multi-familydwellings
(In Wilding types other Nan a House or Live -Rork)
P(1)
P(1)
P
;;S
Community assembly or religious facility
P(1)
P(1)
P
Library museum
P
P
P
Park a reaeegon facility ("door)
P
P
P
Commercial reaestlon/maltelft.ms(indoor)
CUP
CUP
N
N
P
School
P(1)
P(1)
P
CUP
N
Studio
P(3)
P
P
CUP
N
Theater, cinema or performing ads
P
P
P
N
N
General retail
P(3)
P
P
P(2)
N
Grocery, food market
P (3)
P
P (3)
P (2)
N
Eating establishment
P(3)
P
P
P(2)
N
Auto or motor vehicle sales
SERVICE: GENERAL
N
N
CUP
N
N
Auto or motor vehicle service
N
N
CUP
N
N
Banquet facility/catering- subject to 41. 199.1 of the SAMC
CUPID
CUPID
CUP(1)
N
N
Daloreoarkr
P(1)
P
P
CUP
N
Hol.mooudgtarsiard rrs#adosend
l hotel alae-tm rsay
P
P
P
N
N
Peram"saetaa
PCE
P
P
P(2)
N
personal servirc- ressial
SERVICId BILISINESSfFINANCtALPROFESSIONAL
N
N
CUP
CiiP
N
Bank financial mrvios
P(S)
P
P
N
N
LTa'c.ur'sadcae
N
I N
I P
N
N
Gore derutisf. cbuopragpr af6ce
I P(1)
A
P
N
N
Rdessiorelptlm..trarisefseviceelfioe
PQ)
P
P
P(2)
N
Paris, lability- pubic or wumensual
bond -alone parking structures are pmh bamal) (4)Transit
P4PSPR
N
N
satin a teminal
PP
N
SPR
Pubho utility starmee, ercludlegannamsaonrmunaation facilities
isbucWre
N
N
CUP
SPR
ores them(S) sari¢ a h,4g t
SPR
SPR
SPR
SPR
Businesses promoting hbieeen l2 am anti l am
CUP
CUP
CUP
N
Alcphola beverap aalaamsumption
CUP
CUP
CUP
N
Adutiasiness
N
N
N
N
N
Light a here, iMushial
N
N
N
N
N
(1) Use permillel only on sound or upper boors, or behind retail or sedce grand norruse.
(2) FNmibed use es part of a uxrAml aimed use program, Min upper Moor reidenaal
(3) Ponnibed only as part of a mind use pclact wia a commercial or reddentialmm,.-t
(4) Parking lacilites must comply with building honbge sandmds
P Use is Eamuled subject In mmpliarce with all applicable pravisrom of the Sand
Aru Municipal Code
LUC Use h snuffed subject m the approval ofa land Use Cetrale
CUP Use is pmaitled subject n lbe approval ofa CoMffi lUse Pnmit
SPR Use is permithU subject a the appreell ofa Sho Plan Review
N Use not peeelbed in disact
October 2014 EXHIBIT A 3-3
;Qiiiiiiii 44J,. f na Ara
ro Accounting, auditing and bookkeeping services
» Advertising agencies
Attorneys
» Business associations, chambers of commerce
a Commercial art and design services
» Construction contractors (office facilities only)
» Counseling services
» Court reporting services
n Detective agencies and similar services
n Design services including architecture, engineering, landscape
architecture, urban planning
» Educational, scientific and research organizations
n Financial management and investment counseling
ro Literary and talent agencies
n Management and public relations services
n Media postproduction services
» Hews services
» Photographers and photography studios
n Political campaign headquarters
n Psychologists
ro Secretarial, stenographic, word processing, and temporary clerical
employee services
n Security and commodity brokers
» Writers and artists offices
CHAPTER 7: Administration and Implementation
Setback: The area of a lot measured from a lot line to a building facade or
elevation that must be maintelned clear of permanent structures excepting
galleries, fences, garden walls, arcades, porches, stoops, balconies, bay
windows, and terraces which are permitted to encroach into the setback
subject to the standards established in Chapter 3 of this Specific Plan.
Shared parking Joint use or park -once polity): An accounting for parking
spaces that are available to more than one function. The requirement is based
on a range of parking demand found in mature, mixed -use centers. The shared
parking ratio varies according to multiple functions in close proximity unlikely
to require the spaces at the same time. This approach to parking uses the
fallowing types of parking in combination to achieve a balanced and distributed
supply of parking: off -sheet (surface lots and garages), on -street (parallel and
diagonal).
Shopkeeper: A unit that contains space on the ground floor for use and
operation by a retail merchant or tradesmen along with residential space on
the upper Turns) that can be occupied by the same shop operator or a different
resident. The residential and commercial components each have separate,
dedicated entrances. See also'Live-Work'
Shopfront: See Tuartage Types'
Single family dwelling:A residential building containing one or more habitable
rooms with only one kitchen, designed for occupancy by one independent
household unit with common access to, and common use of all living, kitchen
and bathroom areas.
Paseo: a public place or path designed for walking; promenade. Stacked Dwellings: See'Building Types'
Pedestrian -friendly: The practice of addressing the needs of people, once
out of their automobiles, through a series of interdependent urban design and
streetscape principles (e.g., wide sidewalks, sheet trees and shade, on -street
parking, outdoor dining, inviting storefronts, the feeling of being in an'ouldcor
room', short crosswalk distances, interconnected and short blocks).
Personal services: Establishments providing non -medical services to
individuals as a primary use. Examples of these uses include:
» Barber, nail salons and beauty shops
n Clothing rental
n Dry cleaning pick- up stores with limited equipment
n Home electronics and small appliance repair
n Locksmiths
ro Pet grooming with no boarding
» Shoe repair shops
Tailors
These uses may also include accessory retail sales of products related ro the
services provided.
Personal services - restricted: Personal services that may tend to have a
blighting and/or deteriorating effect upon surrounding areas and which may
need to be dispersed to minimize their adverse impacts. Examples of these
uses include:
» Laundromats (self-service laundries), which shall comply with the
development and performance standards set forth in Section 41-199
of the SAMC
» Massagge establishments (licensed, therapeutic) as defined on Section
41-1751. of the SAMC. Massage establishments shall comply with Article
XVIL1 of Chapter 41 of the SAMC.
Pawnshops
Planter: The layer of the streetacape which accommodates street trees.
Planters may be continuous or individual according to the Thoroughfare and
location within the neighborhood.
Podium: A continuous raised platform supporting a building, are large block
of two or three stores beneath a multi -layer black of a smaller area.
Porch: see 'Frontage Types'
Religious facility: see 'Community Assembly'
Residential development: The addition of new residential units or the
conversion of apartments to condominiums.
Residential unit: Any singlmfamily home; any separate occupancy unit in
a two-family or multifamily dwelling building; any live -work unit; and any
other structure designed for human occupancy which contains a kitchen.
However, this excludes any other building or structure designed or intended to
be occupied or used for business or commercial purposes, such as sleeping
rooms in hotels and motels without kitchens or kitchen facilities.
Rowhouse: See 'Building Types'
Stoop: See 'Frontage Types'
Story: A habitable level within a building from finished floor W finished ceiling:
Attics and basements, as defined by the California Building Code (CBC) are
not considered a story for the purposes of determining building height and are
subject to the applicable requirements of this code and the CBC, except for
when the finished ficor level directly above a basement or cellar is more than
six feet above grade, such basement or cellar shall be considered a story.
Streetscape: The urban element that provides the major part of the public
realm as well as paved lanes for vehicles. A streetscape is endowed with two
attributes: capacity and context. Capacity is the number of vehicles that can
move safely through a segment within a given time period. It is physically
manifested by the number of lanes and their width, and by the curb radius.
Studio: A workplace of one or more individuals who are engaged in the
production of art, such as fine and fiber arts, lithography, calligraphy,
photography, music, dance and the performing arts. Galleries, not to exceed
50 percent of the floor area, are permitted as an ancillary use. Any regulated
use, as defined on Section 41-191 of the SAMC is not allowed. Uses meeting
the definition of artisan/craft product manufacturing shall be deemed an
artisan/craft product manufacturing use.
Tandem parkingstall: Two or more parking spaces arranged one behind the
other.
Thoroughfare: A vehicular way incorporating moving lanes and parking lanes
(exceptalleyylanes which have no parking lanes) within a right-of-way.
Traffic calming: A set of techniques which serves to reduce the speed of
traffic. Such strategies include lane -narrowing, on -street parking, chicanes,
yield points, sidewalk bulge -outs, speed bumps, surface variations, mid -Mock
defections, and visual clues. Traffic calming is a retrofit technique unnecessary
when thoroughfares are correctly designed for the appropriate speed at initial
construction.
Transit -oriented development: Compact, higher intensity development that
includes uses supportive to transit; i.e., residential uses that increase ridership
and transit efficiency or commercial uses that serve transit users. Its structure
creates nodes at an efficient spacing for mass transit. These nodes are mixed -
use areas limited in extent by walking distance to the transit stop.
Transition line: A horizontal line, the full width of a facade expressed by a
material change or by a continuous horizontal articulation such as a cornice
or a balcony.
Tuck -Under Housing: See 'Building Types'
Zaguan: A covered pedestrian passage between courts of one to two rooms in
depth and one story in height.
October 2014 7-5
TRANSIT ZONING CODE Uses Permitted
Sec. 41-2007. Uses Permitted
(a) Allowable Land Use Types. A parcel or build
ing within the Specific Development area shall
be occupied by only the land uses allowed by
the table entitled Use Standards (hereinafter
Use Standards Table) within the zone applied to
the site by the Regulating Plan.
(b) Garage sales are allowed in compliance with
Section 41-193.
(d Temporary outdoor activities are allowed in
Compliance with Section 41-191
(d) Youth amusement fides are permitted in
compliance with Section 41-366 for C7 districts.
(a) Drive -through facilities shall not be permit-
ted.
Sec. 41-2008. Operational Standards
(a) All property shall be maintained in a safe,
sanitary and attractive condition including, but
not limited to, structures landscaping, parking
areas, walkways, and trash enclosures.
(b) All business activities shall be conducted
and located within an enclosed building, except
as allowed by Section 41-195 of the SAMC
and except that the following business activi-
ties may be conducted outside of an imposed
building:
(1) Newsstands
(2) Flower Stands
(C) There shall be no manufacturing, processing,
compounding, assembling or treatment of any
material or product, other than that which is
clearly incidental to a particular retail and ser-
vice general enterprise, and where such goods
are sold on the premises.
(d) There shall be no work inside of a Stood e
that generates noise that exceeds 60 dB CNEL
measured at the exterior wall of the unit.
(a) Storage of goods and supplies shall be lim-
ited to those sold at retail on the premises or
utilized In the course of business.
(f) Public utility structures, including electric
distribution and transmission substations shall
be screened bya wild wall at least eight (B) feet
high, except as restricted by Sections 36-45,
36-46, and 36-47.
(9) Any activity permitted shall be conducted
in such a manner as not to have a detrimental
effect on permitted adjacent uses by reason of
refuse matter, noise, light, or vibration.
(h) Small scale industry uses shall require a
solid wall or fence not less than eight (8) feet In
height along any rear or side lot line.
(i) All business activities, including, but not lim-
ited to, compounding, processing, packaging or
assembly of articles of merchandise and treat-
ment of products shall be conducted within
a completely enclosed building. No ancillary
vehicle maintenance or repair shall be allowed
on site.
(j) Loading areas shall not be visible from
streets. Loading areas not facing a street shall
be setback at least thirty-five (35) feet from the
property line.
2:3 TRANSIT ZONING CODE
SPECIFIC DEVELOPMENT 84
City of Santa Ana, California
Table 2A- Use Standards
Land Use Type
Permit Required by Zone
UC CDfl UN-2 UN-1
ear to Keyto Zone Symbols table an So owing page for zone description and use notations
RESIDENTIAL
r5i
Use/Joint Irving -working quarters P(2) P(2) P(2) P(2) CUP CUP
_—
s i CUP CUP CUP CUP CUP NP
lling -- — ._ p py Dwellings `PU) P(1) P(t) P(1) P P
RECREATION, EDUCATION AND A55EMBLY
Community assembly
healtb/ ness facility
Library,museum
Schools
Studio -�
Theater, cinema or performing arts
P(1)
r
P(1) P(1) P CUP CUP
P P P CUP --
P P P P CUP
P(1) P(1) P CUP CUP
P P P CUP CUP
�'i P P I, -- --
P
P
Plll
P
P
Commercial Recreation (Indoor) LUP CUP CUP
RETAIL
L
eral retail, except withanyo([he following katures P P P P P(]JFlcorareaover20,g00pertmantgertablishmenor motor vehicle service --- -- p p — —
SERVICE GENERAL
cup
P(3) -
P(3)
P
-.-
P
—
P
CUP
P(3)
P(3)
P
—__
P
—
P
CUP
P
P
P
CUP
P
CUP
P
Cum)
P
P
P
P
P
CUP
P
--- —
CUP CUP
P ---
---
-- - --
P(2) P(2)
CUP ---
- -
Banquet facility/atering-sub. to 41.199.1 (a) through(d)
Daysarecenters
Adult day came center-subjeato 41.199.2 ofthe SAMC
hotel,exd. transient residential hotel and long term stay.
Mortuaries, funeit homes
Personalservices
Personal services - restricted
Tattoo/Body Art Establishments- subject to 41.1993 of
the SAMC
EXHIBIT B
Uses Permitted, COON
Table 2A - Use Standards
Land Use Type
Permit Required by Zone
UC I CDR I UN-2 I UN-1
SERVICES -BUSINESS -FINANCIAL -PROFESSIONAL
Bank finandal senrlces P P P P Business support service P P P P P(2) P(2)
Clinic, urgent care --- CUP P ---
Doctor, dentist, chiropractor etc, office. _---. Pill Pill PT P -- —
&tendedcare P P P P CUP ---
Professional/administrative/service office P(11 PlN P(1) P P(2) P(2)
SMALL SCALE INDUSTRY
Artisan/craft product manufacturing
CUP
CUP
CUP
—
CUP
—
Furnitureandfixturemanufacturing, cabinet shop
P(3)
---
P(3)
--
---
-
Laboratory - medical - analytical
--
P(1)
P(1)
P
—
---
Manufacturing-light
P(3)
--
P(3)
---
CUP
---
Mediaproduction- office or storefront type (no sound stage)
P
P
Pill
--
--
-
Pdntingandpubllshing
--
Pit)
P
---
—
---
Research and development
P (3)
—
P (3)
--
CUP
---
TRANSPORTATION, COMMUNICATION,
INFRASTRUCTURE
Helistops
CUP
CUP
-
Parkingfacility- public or commercial
P
P
P
Transitstationorterminal
CUP
—
—
I
Public utility structure, excluding wireless comunica-
Von facilities
—
MISCELLANEOUS
Any structure over four (4) stories in height
SPR
SPRMSPRSPRBusinessesoperatingbetweenl2andlam
CUP
CUPAlcoholic
beverage sales or Consumption
CUP
CUP
Transit Village Corridor
Downtown_
fUlllj Urban Neighborhood 2
NEEL Urban Center
Uhl 1 I Urban eughborhood 1
Key
P use is permitted subject to compliance with all appii-
(1) Use permitted only on second or
cable previsions the Santa Ana MunicipalCode
upper floors, or behind retail orser-
Vice ground floor use.
LUC use Is permitted subject to the approval of a Land
Use Certificate.
(2) Permitted only as part of a vertical
mixed use project with upper floor
CUP use is permitted subject to the approval of a
resldential
Conditional Use Permit.
(3) Permitted only as part of a mixed use
SPR use is permitted subject to the approval of Site Plan
project with a commercial or resider-
Review.
tial component
--- use not permitted in particular Zones.
(k) No business activity that generates noise or
vibration shall be conducted between 8:00 p.m. and
7:00 a.m. Monday through Friday and 8:00 p.m. and
10:00 a.m. Saturday and Sunday.
(1) Operational standards for automobile servicing.
(1) No automobile servicing shall be con-
ducted before 7:00 a.m. or after 8:00 p.m.
Monday through Friday and before 1000
a.m. or after 81 p.m. Satruday and Sunday.
(2) All work shall be conducted inside an
enclosed structure.
(3) Outdoor or overnight vehicle storage Is not
permitted.
TRANSIT ZONING CODE 2:4
SPECIFIC DEVELOPMENT 04
City of Santa Ana, California
TRANSIT ZONIN.G.CODE:Definitlons,cont'd`-
Light Manufacturing: The manufacture or assembly of products from previously Parent a public place or path designed for walking; promenade.
treated material where no Impact is created to the adjacent uses and no hazardous
materials are used In the production of such products. The maximum number of
employees shall be 10. Examples of light manufacturing Include:
athletic equipment
bakeries
camera, photo equipment
clothing
electronics
musical Instruments
optical goods
woodworking (limited)
Lined Block: See 'Building Types'
Live/Work: Sea 'Building Types'
Lot Width: The frontage of a parcel which Is used to identify the parcel for street
address purposes.
Media production: An establishment dedicated to the production ofvisual
and audio mass media, Including television, films, videos, video games,
mobile devices, Internet and digital interactive media, but excludes magazines,
newspapere,and periodicals.
Mixed -Use Building: A structure lawfully containing residential and nonresidential
uses.
Muld-Family Building: A residential structure lawfully containing two or more dwell-
Ing units.
Net Developable Area: The private area defined by blocks which is not to remain
for public uses such as Plazas, Greens, Squares, Thoroughfares or Strestscapes.
Office: These do not Include medical offices (see Clinic, Urgent Care,' and "Doctor,
dentist, chiropractor, etc. office.')
1. Service. Establishments providing direct services to consumers. Examples
ofthese uses Include employment agencies, Insurance agent offices, real estate
offices, travel agencies, utility company offices, elected official satellite offices,
.to. This use does not Include "Banta, Financial Services," which is separately
deflned.
2. Administrative. Office -type facilities characterized by high employee canal.
ties, and occupied by businesses engaged In Information processing, and other
computer -dependent or telecommunications -based activities. Examples of
these uses include:
airline, lodging chain, and rental car company reservation centers, not
including retail travel agencies
computer software and hardware design and development
consumer credit reporting
data processing services
health management organization (HMO) offices where no medical services
are provided
Insurance claim processing
mall order and electronic commerce transaction processing
telecommunications facility design and management
telemarketing
3. Professional. Office -type facilities occupied by businesses that provide
professional services, or are engaged In the production of Intellectual property.
Examples ofthese uses Include:
accounting, auditing and bookkeeping services
advertising agencies
attorneys
busluess associations, chambers ofcommerce
commercial art and design services
construction contractors (office facilities only)
counseling services
court reporting services
detective agencies and similar services
design services Including architecture, engineering, landscape architec
ture, urban planning
educational, scientific and research organizations
financial management and Investment counseling
literary and talent agencies
management and public relations services
media postproduction services
news services
photographers and photography studios
political campaign headquarters
psychologists
secretarial, stenographic, word processing, and temporary clerical
employee services
security and commodity brokers
writers and artists offices
7:3 TRANSIT ZONING CODE
SPECIFIC DEVELOPMENT 84
City of 5anta Ana, California
Pedestrian First: The practice ofaddressing the needs of people, once out oftheir
automobiles, through a series of interdependent urban design and streetscape
principles (e.g., wide sidewalks, street trees and shade, on -street parking, outdoor
dining, Inviting storefronts, the feeling of being In an 'outdoor room', short cross-
walk distances, Interconnected and short blocks).
Pedestrian Shed: An area defined by the average distance that may be traversed at
an easy pace from Its edge to its center In approximately 5 minutes. This distance
Is used to determine the size of a neighborhood. This dimension averages one
quarter of a mile or approximately 1,400 feet for generally fat terrain.
Personal Services: Establishments providing nonmedical services to individuals
as a primary use. Examples ofthese uses include:
barber, nail salons and beauty shops
clothing rental
dry cleaning pickup stores with limited equipment
home electronics and small appliance repair
locksmiths
pet grooming with no boarding
shoe repair shops
tailors
These uses may also include accessory retail sales of products related to the ser
vices provided,
Personal Services - Restricted: Personal services that may tend to have a blighting
and/or deteriorating effect upon surrounding areas and which may need to be cis.
parsed to minimize their adverse Impacts. Examples ofthese uses include:
laundromats (self-service laundries). Laundromats shall complywlth the devel-
opment and performance standards set forth In Section 41-199,
massage establishments (licensed, therapeutic) as defined on Section
41-1751 of the SAMC. Massage establishments shall comply with Article XVILI
of Chapter 41 of the SAMC.
pawnshops
Planter: The layer of the streetscape which accommodates street trees. Planters
may be continuous or individual according to the Thoroughfare and location within
the neighborhood.
Podium: A continuous raised platform supporting a building, or a large block of
two or three stories beneath a multi -layer block of a smaller area.
Porch: see 'Frontage Types'
Private Frontage: The privately held layer between the frontage line and the prin-
cipal building facade. The structures and landscaping within are held to specific
standards. The variables of Private Frontage are the depth of the setback and the
com bin rich of architectural elements such as fences, stoops, porches and Bailer,
lea. These elements influence social behavior in the public realm. The Frontage
layer may overlap the public streetscape in the case of awnings, Galleries and
Arcades.
Research and Development: A quasi -industrial facility where creative work is
undertaken on a systematic basis in order to increase the stock of knowledge gen-
erally in the flelds cf medicine, scientific instruments, safety- critical mechanism or
high technology. These facilities may Include pilot plant operations as an ancillary
use, which shall not exceed 25 percent of the floor area. A facility providing full
scale production shall be deemed a manufacturing use.
Rowhouse: See 'Building Types'
Setback: The area of a lot measured from a lot line to a building facade or elevation
that must be maintained clear of permanent structures excepting galleries, fences,
garden walls, arcades, porches, stoops, balconies, bay windows, and terraces which
are permitted to encroach Into the setback subject to the standards established In
Division 3 ofthis Article.
Shared Parking (Park -Once Policy): An accounting for parking spaces that are avail-
able to more than one function. The requirement is based on a range of parking -
demand found in mature, mixei centers. The Shared Parking ratio varies
according to multiple functions in close proximity unlikely to require the spaces
at the same time. This approach to parking uses the following types of parking
in combination to achieve a balanced and distributed supply of parking: of -street
(surface lots and garages), on -street (parallel and diagonal).
Shopf e-ft sea'Frontage Types'
Stacked Dwellings: See 'Building Types'
Stoop: see 'Frontage Types'
Story: A habitable level within a building from f nished floor to finished telling:
Attics and basements, as defined by the California Building Code (CBC) are not
considered a story for the purposes ofdetermining building height and are sub
ject to the applicable requirements ofthis code and the CBC, except for when the
finished Floor level directly above a basement or cellar is more than six feet above
grade, such basement or cellar shall be considered a story.
EXHIBIT C
4.1 LAND USES
The MEMU Overlay Zone sets forth specific uses to
be allowed within each district, as shown in Table 3,
subject to a MEMU Site Plan Review approval by the
Planning Commission. Any use that is not specified as
permitted or conditionally permitted within the MEMU
Overlay Zone is prohibited unless a determination is
made by the Executive Director of Planning that the
proposed use is compatible with the overall intent and
character of the MEMU Overlay Zone as specified in
Section 41-601(c) of the Santa Ana Municipal Code
(SAMC).
Table 3 Permifted Land Uses
The allowable uses are established
zy erter 'designations as follows
NeighborhoodI Transitional District
Permitted by right
Village Center istrict
Prohibited
Active Urban District
NotApplicable
Office District*
LUC Land Use Certificate required
—
r e v s° o
Special Provisions (references to other
m
applicable code sections or
m o o O
limitations)
Z� > G
Residential Uses
Live/Work Units
P
P
P
N
Subject to Sec. 4.1.2 of this division
Multiple -Family Residential
P
P
P
N
Subject to Sec. 4.1.3 of this division
Non -Residential Uses
Art galleries and studios including, but not limited to;
photography; fine art; fiber art; printing, lithography, and
P
P
P
P
calligraphy; ceramic and pottery; glass blowing and sculpting
Eating establishments, (cafes, restaurants)
P
P
P
P
CUP for liquor sales, afterhours operation
Bakeries
P
P
P
P
Retail and Service uses
P
P
P
P
Medical and Dental offices
P
P
P
P
Professional, administrative and business offices
P
P
P
P
Daycare centers
P
P
P
P
Gymnasiums and health clubs
N
P
P
CUP
Hotels
N
P
P
CUP
Indoor/outdoor entertainment
N
P
P
P
As defined in Chapter 41 of the SAMC
Religious Institutions
cup
CUP
CUP
CUP
schools
N
P
P
N
Massage establishments
N
CUP
CUP
N
Subject to Article XVILI of Chapter 41 of the SAMC
Tattoo establishments
N
P
P
N
Subjectto Sec. 41-199.3 of the SAMC
Temporary outdoor activities
LUC
LUC
LUC
LUC
Subject to Sec. 41-195.5 of the SAMC
Theaters and cinemas
N
P
P
P
Use/Operational Standards
Drive through establishments
N
N
N
N
This space for filing stamp only
OR #:
O R A N G E C O U N T Y R E P O R T E R
~ SINCE 1921 ~
600 W. Santa Ana Blvd., Suite 205, Santa Ana, California 92701-4542
Telephone (714) 543-2027 / Fax (714) 542-6841
PROOF OF PUBLICATION
(2015.5 C.C.P.)
State of Calif ornia )
County of Orange ) ss
Notice Type:
Ad Description:
I am a citizen of the United States and a resident of the State of California; I am
over the age of eighteen years, and not a party to or interested in the above
entitled matter. I am the principal clerk of the printer and publisher of the
ORANGE COUNTY REPORTER, a newspaper published in the English
language in the City of Santa Ana, and adjudged a newspaper of general
circulation as defined by the laws of the State of California by the Superior
Court of the County of Orange, State of California, under date of June 2, 1922,
Case No. 13,421. That the notice, of which the annexed is a printed copy, has
been published in each regular and entire issue of said newspaper and not in
any supplement thereof on the following dates, to-wit:
Executed on: 10/10/2004
At Los Angeles, California
I certify (or declare) under penalty of perjury that the foregoing is true and
correct.
Signature
O R A N G E C O U N T Y R E P O R T E R
~ SINCE 1921 ~
600 W SANTA ANA BLVD STE 812, SANTA ANA, CA 92701
(714) 543-2027 (714) 542-6841
OR 3664421
NORMA OROZCO
SANTA ANA/CITY CLERK
20 CIVIC CENTER PLAZA M-30
SANTA ANA, CA - 92701
GPN - GOVT PUBLIC NOTICE
2nd Read Ord - ZOA 2022-03
I am a citizen of the United States and a resident of the State of California; I am
over the age of eighteen years, and not a party to or interested in the above
entitled matter. I am the principal clerk of the printer and publisher of the
ORANGE COUNTY REPORTER, a newspaper published in the English
language in the city of SANTA ANA, county of ORANGE, and adjudged a
newspaper of general circulation as defined by the laws of the State of
California by the Superior Court of the County of ORANGE, State of California,
under date 06/20/1922, Case No. 13421. That the notice, of which the
annexed is a printed copy, has been published in each regular and entire issue
of said newspaper and not in any supplement thereof on the following dates,
to-wit:
01/27/2023
01/27/2023
ORANGE
!A000006218989!
Email
NOTICE OF SECOND READING OF
PROPOSED ORDINANCE
BY THE CITY COUNCIL OF THE
CITY OF SANTA ANA,CA.
The City of Santa Ana encourages the
public to participate in the decision-
making process.The following notice
is being provided so that you can ask
questions,make comments and stay
informed about changes in land use,
fees or other projects that might be
important to you.We encourage you to
contact us if you have any questions.
NOTICE IS HEREBY GIVEN -The City
Council of the City of Santa Ana will
consider adopting an ordinance.The title
of the ordinance is as follows:
ORDINANCE NO.NS-XXXX -ZONING
ORDINANCE AMENDMENT NO.2022-03
–AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF SANTA ANA
AMENDING PORTIONS OF CHAPTER
41 (ZONING)OF THE SANTA ANA
MUNICIPAL CODE RELATING TO
FAMILY DAYCARE,REGIONAL
PLANNED SIGN PROGRAM
REGULATIONS,MASSAGE
ESTABLISHMENTS,CONDITIONALLY-
PERMITTED USES IN THE
PROFESSIONAL ZONING DISTRICT,
RETAIL USES IN INDUSTRIAL ZONES,
TRASH BIN ENCLOSURES,URBAN
LOT SPLIT AND TWO-UNIT
DEVELOPMENT STANDARDS,
NOXIOUS USES,DEFINITIONS FOR
VARIOUS USES,ELECTRIC FENCES,
SYNTHETIC TURF,AND PERMIT
REQUIREMENTS FOR LIGHT
PROCESSING FACILITIES
Meeting Time and Date:This matter will
be heard on Tuesday,February 7,2023
at 5:45 p.m.or thereafter in the City
Council Chamber,22 Civic Center Plaza,
Santa Ana,California 92701.All
interested persons can refer to the
following link on the date of the meeting
for more information and instruction for
participating in the meeting www.santa-
ana.org/cc/city-meetings.
How To Make Comments:If you do not
wish to participate in the meeting but want
to submit a comment,you may also send
your written comments to the Clerk of the
Council,by mail to City of Santa Ana,20
Civic Center Plaza –M30,Santa Ana,CA
92701 or via e-mail to
ecomments@santa-ana.org (reference
“City Council meeting”)by 12:00 p.m.on
Monday,the day before the meeting;e-
mails received after said time will be on
file for public viewing and posted on the
city's website the day after the meeting.
Who To Contact For Questions -Should
you have any questions,please contact
the Clerk of the Council Office at 714-647-
6520 during regular business hours.
Where To Get More Information:All staff
reports regarding any item on this agenda
are available for public inspection in the
Clerk of the Council Office during regular
business hours and posted on the City's
website the Tuesday before a Council
meeting at:www.santa-ana.org/cc/city-
meetings.
Ordinance Second Reading Adoption
Process -Ordinances become effective
30 days after second reading by the City
Council.Most ordinances are codified into
the Santa Ana Municipal Code and
become city laws.
Si tiene preguntas en Español,favor de
llamar al (714)647-6520.
N u c n liên l c b ng ti ng Vi t,xin
i n tho i cho Tony Lai s (714)565-
2627.
Norma Orozco
Acting Clerk of the Council
1/27/23
OR-3664421#