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HomeMy WebLinkAboutNS-599ORDINANCE NO. N$-~99 AMENDING PART 3, CHAPTER 2, OF ARTICLE IX OF THE SANTA ANA MUNICIPAL CODE BY ADDING THERETO PROVISIONS REGULATING PLANNED COMMUNITY DEVELOPMENT DISTRICT WHEREAS, after study and two public hearings on notice, the Planning Department recommended to the City Council the adoption of provisions creating a new district classification within the City of Santa Ana, and the City Council, after study and two public hearings, determined the necessity of adopting the same. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1: That the Santa Ana Municipal code is hereby amended by adding at the end of Part 3, Chapter 2, of Article IX thereof those provisions in words and figures, as follows: SECTION 9230.360. PCD (PLANNED COMMUNITY DEVELOPMENT DISTRICT). SECTION 9230.361. Purpose. As part of the General Plan of Community Development of the City of Santa Ana, the purpose of this District is to encourage, preserve and improve the health, safety and general welfare of the people of Santa Ana by encouraging the use of contemporary land planning principles and coordinated community design. The Planned Community Development District is hereby created in recognition of the economic and cultural advantages that will accrue to the residents of an integrated, planned community development of sufficient size to provide related areas for various housing types; retail and service activities; industrial operations; recreation, school, public facilities; and other uses of land. This District is designed for use where the area com- prising such development project is under single ownership at the time of its classification of this District. SECTION 9230.362. Minimum PCD Area. To be reclassified to the PCD District an area shall contain not less than five hundred (500) contiguous acres under single -1- ownership or controlled by a single entity at the time of application and until the effective date of the ordinance approving the proposed General Plan of Development. An area of less than five hundred (500) contiguous acres may be added to an existing PCD District provided said land is made a part of the original General Plan of Development in all respects prior to its incorporation into said District by way of amendment of the General Plan of Development as provided in Section 9230.363. '~ontiguous" shall mean having a common boundary with or physically so located that in the opinion of the City Council said additional area bears a significant relationship to the approved and adopted General Plan of Development. SECTION 9230.363. Procedure for Reclassification to PCD District. In addition to the procedure outlined in Section 9255 through Section 9255.8 of this Chapter, there shall be provided by the applicant, prior to the acceptance of the petition for reclassi- fication by the Planning Department, a General Plan of Development. Said General Plan of Development shall consist of maps; descriptive statements of objectives, principles and standards used in its formulation; and shall include the following components: 1. Land Use Component. 2. Circulation Component. 3. Population Component. 4. Subdivision Design Component. 5. Services and Facilities Component. 6. Construction Order Component. The General Plan of Development may also include additional Components. SECTION 9230.364. Land Use Component. A Land Use Component shall consist of a map or maps, setting forth the distribution, location and extent of the acres of land devoted to each category of land use proposed as part of the General Plan of Development. such uses may include single family -2- residential, two family residential, three or. more family resi= dential, mixed types of residential; neighborhood retail shopping facilities, community retail shopping facilities, regional retail shopping facilities; office facilities; service facilities; wholesale or goods-distribution facilities; general types of industrial facilities; education, religious, recreation, public and semi-public facilities; or other categories of public or private uses of land. Said Component shall also contain a descriptive statement of objectives, principles~d standards used for its formulation. SECTION 9230.365. Circulation Component. A Circulation Component shall consist of a map or maps, setting forth the general location and extent of all transportation facilities proposed as part of the General Plan of Development. Such facilities may include major and local thoroughfares, trans- portation routes, terminals, heliports; and the delineation of such systems on the land; one-way street systems; grade separations; divided roads; left-turn lanes; subways; monorail routes; and such other matters as may be related to the provision for the circulation of traffic within the planned community related to the Land Use Component. Said Circulation Component shall include a designation of proposed street widths. Said Component shall also contain a descriptive statement of objectives, principles and standards used for its formulation. SECTION 9230.366. Population Component. A Population Component shall contain a descriptive statement of the standards of population density and building intensity for the various proposed land uses, including estimates of future population characteristics and change within the planned community correlated with the other Components of the General Plan of Development. The supporting data shall include, but not be limited to, dwelling (housing) units per acre for the various residential uses proposed; and square footage by type for the various offices and retail facilities including sufficient data to calculate traffic generation, parking requirements, water consumption, sewerage needs and the necessary capacity of related utilities and services traditionally rendered by public or private organizations for a population of such size as is projected for the completed, planned community. SECTION 9230.367. ~ubdivision Desiqn Component. A Subdivision Design Component shall contain a descriptive statement of the principles governing the proposed subdivision of land or air including lot design for various proposed land uses. This Component shall be in sufficient detail so that it can serve as the basis for determining the conformity of any site plan to the General Plan of Development. SECTION 9230.368. Services and Facilities Component. A Services and Facilities Component shall contain a map or maps setting forth the general location and extent of any and all existing and proposed systems for sewerage, domestic water supply and distribution, refuse disposal, drainage, local utilities and any rights-of-way, easements, facilities and appurtenances necessary therefor. Said Component shall also contain a descriptive statement setting forth objectives, principles and standards used for its formulation, as well as a detailed statement describing the proposed ownership, method of operation, and maintenance of each such service and facility. SECTION 9230.369. Construction Order Component. A Construction Order Component shall contain a map or maps setting forth the proposed chronological order of construction relating each proposed use and structure to the construction of the various services and facilities as may be required herein or as part of the General Plan of Development. Said Component shall include estimated co~pletion dates and shall specify the proposed -4- order of request for utility release or bther authority to occupy completed structures so as to provide a basis for determining the adequacy of the related services and facilities for each separate construction phase. SECTION 9230.370. Additional Components. The General Plan of Development may include any additional Components including, but not limited to, an economic feasibility study or an economic benefits analysis if either of such is con- sidered necessary by the applicant or required by the Planning Co,~ission or City Council for the physical development of the project or to aid in evaluating the impact and effect on other existing or proposed facilities and services of the City; a Recreation Component; Public Buildings Component providing consider- ation for administrative and public safety quarters; and any others required, depending upon the nature of the particular proposed development. SECTION 9230.371. Maps and Reports. The General Plan of Development shall include supporting maps drawn to scale, diagrams, charts, descriptions, reports and explanation of methods utilized in its formulation. SECTION 9230.372. ~eports from City Departments. Prior to submission of a proposed General Plan of Development to the Planning Commission, the plan shall be referred to the Department of Public Works, Department of Building Safety, Fire Department, Police Department, Recreation and Parks Department and Library Department. Each of said Departments shall submit to the Planning Department: a written evaluation and report concerning those aspects of the proposed plan which concern the particular Department. Said reports shall be forwarded along with the plan to the Planning Commission and City Council. -5- SECTION 9230.373. Method of Adoption of the General Plan of Development. Public notification of the hearing on the General Plan of Development shall be incorporated into the notice of proposed reclassification as required in Section 9230.363 and Sections 9255 through 9255.8 of this Chapter. Specific mention of any proposed modification or amendment of any other ordinance of this City or section of this Code shall be.included in said notice. Action by the Planning Commission and City Council on the request for reclassification may be concurrent with but shall not precede the adoption of the entire General Plan of Development. Said Plan as presented may be approved, modified, conditionally approved or rejected in part or in entirety by the Planning Commission and the City Council. The action of the Planning Commission on the request for reclassification and on the General Plan of Development shall be advisory only but shall include recommended conditions of approval of the General Plan of Development. SECTION 9230.374. Method of Amendment of General Plan of Development. Any amendment or substantial change of the adopted General Plan of Development shall proceed as prescribed in Section 9230.373 of this Chapter. SECTION 9230.375. Bonding to Assure Conformance to General Plan of Development and Aqreements. To assure that any improvements specified as part of the General Plan of Development or as a necessary prerequisite to the utility release or authority to use or occupy any area or structure completed under the terms of said Plan or each phase as outlined in the Construction Order Component, or any agreements executed by the City Council according to the provisions of this Chapter, a corporate surety bond or cash bond must be furnished guaranteeing -6- the faithful performance of the work or agreements and the payment of any costs to the City in a sum equal to the total as recommended by the Department of Public Works and approved by the City Council. SECTION 9230.376. ADproval of Surety Bonds by City Council. Prior to certification of the Site Plans as required in Section 9230.378 of this Chapter, the Department of Public Works shall determine the amount of corporate surety bond or cash bond as required by Section 9230.375 of this Chapter and submit said amount to the City Council for approval. Said corporate surety bond or cash bond shall cover each separate facility or utility required as part of each phase of development as outlined in the approved Construction Order Component of the General Plan of Development. Provided, however, part of the corporate surety bond or cash bond amount may be released when any specific part of each phase is completed, upon recommendation of the Department of Public Works and the approval of the City Council. SECTION 9230.377. Detailed Site Plans. Prior to the issuance of a building permit or other official evidence of authority for use of the area covered by the General Plan of Development there shall be submitted to the Planning Department five (5) complete and detailed site plans for each phase or portion thereof for which building permits are requested. Each site plan shall include refinements of all pertinent data required as part of the General Plan of Developmen% including but not limited to: 1. Locational map relating site plan to the General Plan of Development. 2. Placement of all structures. 3. Identification of the use of each structure and reference to the supplementary data pertinent to each use and contained within -7- the relative Component of the General Plan of Development along with appropriate additional data. 4. Provision for off-street parking, vehicle storage, internal and external circulation and reference to supplementary traffic data. 5. Extent and type of landscaping identified by botanical or common name and size of such at time of planting. 6. Type and placement of advertising or directional signs, other than street name signs and signs contained within com~aercial or industrial sites. 7. Type and location of fire-fighting facilities. 8. Topographic map. 9. Nature and extent of cut and fill and degree of soil compaction along with related engineering data. 10. Pad size and dimension of level useable lot area of hillside lots, if any. 11. Plans and specifications for the improvement of streets, highways, ways and alleys. 12. 13. Plans and specifications for drainage of the lots, if any, streets, highways and alleys, facilities for and the sites, including provision of storm drains, culverts, bridges and appurtenant structures. Plans and specifications for distribution and service lines for domestic water supply to each lot, if any, or building site; wells or other source of supply, reservoirs, pumping stations; and, if a private facility, a proposed agreement with the City Council to assure continued operation and maintenance to or above the minimum City Standard. -8- 14. Plans and specifications for sewerage facilities, including main and secondary collection lines and stub-offs from the secondary collection lines to the property line of each potential lot, if any, or building site; treatment plants and pumping stations; and if a private facility, a proposed agreement with the City Council to assure continued operation and maintenance to or above the minimum City Standard. 15. Type, placement and number of street name signs and traffic safety signs. 16. Type, placement and number of streets, highway; way and alley lighting devices. 17. Barricades and other safety devices. 18. Type of fencing along any lot or site abutting a river, creek, open storm drain, lake or other body of water or channel and its appurtenant works. 19. Type and location of fences, walks or hedges used as fences throughout the planned community. 20. Height of all structures. SECTION 9230.378. Approval of Site Plans. Upon receipt of Site Plans the Planning Director shall refer copies of said Plans to the Department of Public Works and the Fire Department. Each of said Departments shall certify in writing to the Planning Director that said Site Plans are in conformity with the approved General Plan of Development, approved chronologi- cal order of construction, and in conformance with the provisions of all ordinances of the City insofar as such falls within the purview of each Department, except as to the application of specific regulations as may have been modified by the adoption of the General Plan of Development as provided herein. -9- Upon receipt of said certifications from each of the afore- mentioned Departments, the Planning Director shall approve or cause to be approved said Site Plans if bonds or cash as approved by the city council has been deposited with the City; if they are in substantial conformity with the approved General Plan of Development; approved chronological order of construction; and if they are in conformance with other ordinances of the City as certified by the appropriate City Department. In the event one of the aforementioned Departments or the Planning Director refuses to certify the Site Plan as required herein, or if the applicant is dissatisfied with any administrative decision or order, the matter shall be referred to the Planning Commission and then to the City Council for final determination. SECTION 9230.379. Conflict with Other Ordinances. In the event of conflict between the provisions of this Chapter and any other provision of Article IX of this code; or conflict between a clearly specified detail of the adopted General Plan of Development and other provisions of Article IX of this Code; or any combination of the above, then the provisions of the ordinance approving or adopting the General Plan of Development enacted by the City Council shall govern if, and only if: a) The notice of public hearing as required herein states the nature of the conflict, the identifi- cation of the Municipal Code Section with which there is conflict, and the extent to which it is proposed to modify said Section; and b) The ordinance enacted by the City Council approving or adopting the General Plan of Develop- ment makes specific reference to the extent to which any specific Municipal code Section is modified. -10- SECTION 9230.380. Effect of Minimum Area Requirements on Conveyed Lots or Buildinq Sites. In the event any real property in the adopted General Plan of Development is conveyed in total or in part after adoption of said General Plan of Development as long as the property remains zoned PCD, the buyers thereof shall be bound by the provisions of this Chapter and the adopted General Plan of Development. However, nothing herein shall be construed to create non-conforming lots, building sites, buildings, or uses by virtue of any such conveyance of lot, building site, building or part of the development created in conformance with said Plan. Subsequent structural additions or alterations may be made provided the provisions of this Chapter and other ordinances are adhered to, to the extent that said ordinances may apply. SECTION 9230.381. subdivision of Territory of General Plan of Development. In the event the subdivision of all or part of the territory within the boundaries of the adopted and recorded General Plan of Development is proposed or required by law, the provisions of Section 9230.377 of this Chapter may be excluded as part of the Site Plan provided they are required by and submitted as part of the subdivision procedure as required by the Subdivision Regulations of this City. SECTION 9230.382. Specific Exceptions. Since developments of the scope allowed by this District were not contemplated prior to the passage of certain regulatory Sections contained in Article IX of this Code , the following specific deviations are allowed if specifically stated on the approved and adopted plan with reference to the conflicting Municipal Code Section as provided for herein. SECTION 9230.382.1. Connection to City Water Lines or Alternative. In the event the City is, in the opinion of the City Council, unable for any reason to provide speedy and direct connection to -11- City domestic water facilities, an alternative facility may be approved by the City Council provided an agreement is entered into between the owner of the alternative domestic water system and the City Council assuring that its construction, operation and maintenance are to City Standards. SECTION 9230.382.2. Connection to City Sewers or Alternative. In the event the City is, in the opinion of the City Council, unable for any reason to provide speedy and direct connection to the City sewerage system,an alternative system may be approved by the City Council provided an agreement is entered into between the owner of the alternative sewerage system and the City Council assuring its construction, operation and maintenance are to City Standards. SECTION 9230.382.3. Street width. The minimum width of streets may be less provided: than sixty (60) feet, a) b) The proposed street width is clearly specified on the General Plan of Development. Sufficient data is submitted as part of the required Components of the General Plan of Development to determine that the proposed street width is sufficient to accomodate anticipated traffic volume. SECTION 9230.382.4. Private Streets. Whenever such intent does not contradict the provisions of this Article as it relates to the Streets and Highways Element of Santa Ana's General Plan of Community Development or the protection of opportunities for reasonable development of surrounding land adjacent to a development proposed in this Chapter, streets which are intended to be kept continuously closed to public travel or are at all times posted as private streets may be private streets and may be so shown upon a final map of subdivision provided an -12- agreement is entered into between the owner of said private streets and the City Council assuring their construction, operation and maintenance are to City Standards. SECTION 9230.382.5. Q~l-de-Sac Lenqth. The length of cul-de-sac streets may exceed five hundred (500) feet, but in no case thirteen hundred (1300) feet, provided: a) Through property easements are provided to allow the looping of dc~estlc water and sewer lines to the satisfaction of the Director of Public Works; and b) Through property easements to the nearest accessible street are provided sufficient for the movement of public safety vehicles on instant demand and such vehicular route is so maintained as to remain passable at all times. SECTION 9230.383. Recreation Use Areas and Buildinqs. In the event certain land areas and buildings are provided within the planned community for private recreational use, the owner of such land and buildings shall enter into an agreement with the City Council to assure the continued operation and maintenance to a predetermined reasonable standard. SECTION 9230.384. Reclassification from the PCD District. Any application for reclassification from the PCD District to any other district contained within this Chapter or hereafter enacted shall be deemed and construed to be a proposed amendment to the adopted General Plan of Develot~ent. Said application shall be processed as prescribed in Section 9230.374 of this Chapter. -13- SECTION 9230.385. uses Permitted. Unless otherwise prohibited by law within the City, any use of land or buildings which is clearly designated by type or category on the approved and adopted General Plan of Development and subsequently approved Site Plans, shall be permitted by this District. SECTION 9230.386. Heiqht Limitations. Ail property within the PCD District is hereby declared to be in Height District I. a) No building or structure shall exceed thirty- five (35) feet in overall height on any lot or area designated for residential use in the adopted General Plan of Development. b) On any lot or portion thereof or area designated for professional, commercial, industrial, or other non-residential land use in the adopted General Plan of Development, no building or structure shall exceed thirty-five (35) feet in height within one hundred forty (140) feet of property designated for residential land use on the adopted General Plan of Development. c) Should item (b) above be met, any lot or area designated for professional, commercial, industrial or other non-residential land use in the adopted General Plan of Development may exceed thirty-five (35) feet in height provided such building or structure has four (4) lineal feet of setback for each one (1) foot of building height measured from subject building to any property or area designated for residential land use in the adopted General Plan of Development. d) Should items (b) and (c) above be met, there shall be provided and maintained on the property -14- in question a fifteen (15) foot landscaped strip along any abutting property line or area boundaries delimiting residential land use in the adopted General Plan of Develop- ment. Said fifteen (15) foot landscaped strip shall include not less than one (1) tree for every ten (10) lineal feet of landscaped strip and said tree shall be not less than ten (10) feet in height at time of planting; trees to be of any of the species as set forth in Section 9242,of this ~Code, SECTION 9230.387. Required Yard. Determination as Related to Private Streets. Required yards shall be measured from the nearest wall of the main building to the street line or alley line of said private travel way. SECTION 9230.388. Front Yard, Residential. There shall be a front yard of not less than ten all residential lots or building sites. (10) feet on SECTION 9230.389. Side Yard, Residential. There shall be a side yard of not less than ten (10) feet on all residential lots or building sites unless the main structure is constructed flush against a similar structure on an adjacent lot or site. On corner lots or.building sites the side yard on the street side shall be not less than ten (10) feet; OR There shall be a total combined side yard of not less than twenty (20) feet on each residential lot or building site allowing a minimum of zero (0) feet in one side yard. In no case shall there be less than a ten (10) foot side yard on the street side of a corner lot. -15- SECTION 9230.390. Rear Yard, Residential. There shall be a rear yard of not less than ten (10) feet on all residential lots or building sites unless the required front yard is increased a distance equivalent to the same reduction in rear yard, thereby resulting in a possible zero (0) foot rear yard. SECTION 9230.391. Exception to Yard Provisions. In any area designated on the adopted General Plan of Development for combination residential and commercial uses on the same lot or building site, the front and side yards required for residential uses may be waived when such residential uses are erected above the ground floor of a building in which the ground floor is used exclusively for non-residential purposes. SECTION 9230.392. Ail Yards, Non-Residential. None, except there shall be a yard of not less than ten (10) feet on all street sides of all lots or building sites used for non-residential purposes. Said required yards shall be landscaped and maintained. SECTION 9230.393. Maximum Residential Lot or Building Site Coveraqe. The following maximum lot coverage shall be applied to multiple family residential land use categories designated on the adopted General Plan of Development: Not more than fifty (50) percent of the total lot area shall be devoted to main and accessory building area, driveways, open or enclosed parking areas and covered patios. The remaining fifty (50) percent of the total lot area shall be devoted to landscaping; lawn area; noncommercial outdoor recreational facilities incidental to the residential development, such as private swimming pools, putting greens and tennis courts; walkways; uncovered patio -16- areas; fences and necessary fire-fighting equip- ment and installations; further, the open space required by this Section shall be arranged and provided in such a manner that it is accessible and usable for the purpose intended herein. Said open space shall not be devoted to commercial agricultural pursuits or any other activity in conflict with the stated purpose of this District. For purposes of the calculations required by this Section, private streets shall not be included in total lot or building site area. SECTION 9230.394. Non-Residential Land Use Operational Standards. Ail uses of property designated on the approved and recorded General Plan of Development or subsequently approved site plans shall be operated and conducted in full compliance with the Operational Standards Section of the most restrictive commercial or industrial District in which said specific use is permitted by Part 3 of this Chapter. SECTION 9230.395. Off-Street Parkinq. Off-Street Parking and Loading shall be provided in the manner and number prescribed by Part 4 of this Chapter. However, of the off-street parking required by Part 4, not less than one (1) parking space per dwelling unit shall be a covered parking stall; that is, said stall shall be in a carport or garage. SECTION 9230.396. Signs (Residential, Commercial, Professional And Industrial Uses). Residential areas shall be limited to one (1) unlighted sign per lot, not exceeding six (6) square feet, pertaining only to the sale or lease of the real property upon which the sign is located. Areas designated on the adopted General Plan of Development for Co~u~ercial, Professional or Industrial usage shall be limited to the size and type of signs permitted in the Cl, P or Mi Districts, respectively. -17- SECTION 9230.397. Accessory Buildinqs. Accessory buildings to be constructed on any lot or building site in any area designated on the adopted General Plan of Development for residential development shall comply with Section 9243.(g) of this Code. SECTION 9230.398. Minimum Gross Floor Area. ~ne following uses shall be subject to the following minimum square feet of gross floor area per dwelling unit, exclusive of garages, carports and unenclosed p~rches and patios: a) Bachelor apartment: Four hundred and fifty b) c) (450) square feet. One-bedroom apartment: Six hundred and fifty (650) square feet. Two or more bedroom apartment: Eight hundred (800) square feet and one hundred (100) square feet for each bedroom in excess of two (2). SECTION 9230.399. Interpretation of District Provisions. Whenever a question arises concerning the interpretation of any section of this District it shall be the duty of the Planning Director to ascertain all facts concerning said question and forward all data to the Planning Commission for a recommendation and then to the City Council for a determination. SECTION 2: This Ordinance shall take effect thirty (30) days from and after the date of its adoption. PASSED AND ADOPTED by the City Council of the City of Santa Aha at its regular meeting held on the 20th day of August, 1962. ATTEST: ASglSTANT'~LERI( OF~HE COUNCIL -18- STATE OF CALIFOB_NIA) COUNTY OF ORANGE ) SS CITY OF SANTA ANA ) I, HELEN BOYD, do hereby certify that I am the Assistant Clerk of the Council of the City of Santa Ana, California; that the foregoing Ordinance was introduced at a regular meeting of the City Council of said City held on the 6th day of August, 1962, and was again considered by said Council at its regular meeting held on the 20th day of August, 1962, and at said meeting was regularly passed and adopted by said Council by the following vote, to-wit: AYES, NOES, ABSENT, COUNCILMEN: Royal E. H~bar(~ Heary H. Dale H. Heinly~ B~b Brewer, A. A. COUNCILMEN: None COUNCILMEN: ASSISTANT CI~ERK O~FTHE COUNCIL -19-