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HomeMy WebLinkAboutNS-932ORDINANCE NS-932 AMENDING ARTICLE IX OF THE SANTA ANA MUNICIPAL CODE BY AMENDING SECTION 9243 OF PART 4, CHAPTER 2 THEP~EOF TO PROVIDE FOR REAR YARD ROOM ADDITIONS THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1: That Article IX of the Santa Ana Municipal Code is hereby amended by amending Section 9243 of Part 4, Chapter 2 thereof to read in words and figures, as follows: Section 9243. Area. (a) Any lot shown upon an official subdivision map duly approved by the City Council and recorded in the office of the County Recorder, or any lot for which a recorded contract of sale was in full force and effect prior to June 3, 1954, and the deed is so recorded in the office of the County Recorder, may be used as a legal building site, subject to the conditions, limitations, and restrictions governing the District in which it is located. (b) The following exceptions to yard requirements shall be applied with respect to all buildings, structures, and uses permitted in the Al, RE, R1, R2, R3, and P Districts only: (1) Where a lot fronts on a cul-de-sac, the required front yard may be reduced to not less than ten (10) feet. (2) Where forty (40) percent or more of the lots along any block, excluding reverse corner lots and key lots, are developed with buildings, the required front yard for any new building or alteration to an existing building shall be not less than the arithmetical average of the front yards of said buildings existing on forty (40) percent or more of the lots along said block. In computing said average front yard, main buildings situated entirely on the rear one-half (1/2) of any lot along said block shall not be included. Notwithstanding this sub-section, no front yard shall be less than eight (8) feet from a front property line or future right of way line, whichever results in the larger minimum front yard. (3) The required rear yard may be reduced to not less than ten (10) feet provided there would be not less than 1,200 square feet of open area remaining in the rear yard after a proposed room addition. Further, the required rear yard may be reduced to not less than ten (10) feet where there would be less than 1,200 square feet of open area remaining in the rear yard after a proposed room addition, in the event that usable open area equal to the amount of open area by which the 1,200 square feet is reduced is provided elsewhere on the lot, not including any front yard, or any required side yard area except that portion of the side yard that is adjacent to the required rear yard. (c) In any commercial district, the front and side yards required for dwellings, apartments, hotels, and boarding houses may be waived when such uses are erected above the ground floor of a building when said ground floor has no required front and side yard. (d) In computing the depth of a rear yard where such yard opens upon an alley, one-half (1/2) of the width of such alley may be considered a portion of the rear yard; when such rear yard opens upon a street, public park, creek, or river front under public ownership, ten (10) feet of such public space may be considered a portion of the rear yard. -1- Section 9243.1. Throuqh Lots. (a) At each end of a through lot there shall be a front yard of a depth required by this Chapter for the District in which the respective street frontage is located; provided, however, that there may he an accessory building in one of such front yards in accordance with subsection (c) following. (b) Where a through lot has depth of one hundred and fifty (150) feet or more, said lot may be assumed to be two (2) lots with the rear line of each approximately equidistant from the front lot lines, provided, however, that each portion shall then be treated as a separate lot insofar as the provisions of this Chapter apply, and provided that such lots were recorded and held under separate ownership prior to December 31, 1939. (c) Where a through lot has depth of less than one hundred and fifty (150) feet, an accessory building not exceeding one (1) story or fourteen (14) feet in height may be located in one of the required front yards if such building is at least five (5) feet from any side lot line and a distance of at least ten (10) percent of the lot depth from the street line abutting the front yard in which such building is to be located, provided, however, that such accessory building shall not project beyond the front yard line established by procedures set forth in this Chapter, but such accessory building need not be located more than twenty (20) feet fron the street line. Section 9243.2. Patios and Architectural Features. (a) Cornices, eaves, chimneys, and similar architectural features may extend into the required yards of the Al, RE, and R1 Districts as follows: a distance not to exceed forty-eight (48) inches into any required front, rear, and/or side yard of the street side of a corner lot; and a distance not to exceed eighteen (18) inches into any other required side yard. The aforesaid architectural features may extend into the required yards of the R2, R3, R3H, and P Districts as follows: a distance not to exceed forty-eight (48) inches into any required front, rear, and/or side yard of the street side of a corner lot; and a distance not to exceed six (6) inches into any other required side yard. (b) A wholly or partly enclosed covered patio attached to a residence shall maintain the same yards as required for the main building, except as set forth in subsection (c) of this Section. A patio with a roof having open frame or egg-crate construction shall be considered a covered patio. (c) A covered patio may project into a required rear yard of any Residential or Professional District to within five (5) feet of the rear property line. Further, a patio roof may be extended into any required side or front yard the same distance allowed for any architectural feature as set forth in subsection (a) of this Section. Further, that portion of the covered patio extending into said required rear yard shall be completely unenclosed on at least three sides except for necessary structural members. Nothing herein shall prohibit the screening-in of said patio with fully ventilating screen. (d) A landing place may extend into any yard to a distance of six (6) feet across one-half (1/2) of the width or depth of the lot, provided that such landing place shall have its floor no higher than the entrance floor of the building. Stairs leading from the ground to said landing place may project beyond said six (6) feet. Further, an open railing no higher than three (3) feet may be placed around said landing place. Nothing herein shall prohibit the extension of an unenclosed, nonroofed, open patio into any and all required side and rear yards. -2- (e) Any cornice, eave, chimney, or similar architectural feature, patio cover or canopy may extend into any other required open space provided for in this Chapter, other than required yards, a distance not to exceed two (2) feet; provided, however, nothing herein shall prohibit the full extension of an uncovered patio into said required open space. (f) In no case shall more than two-thirds (2/3) of a required rear yard be covered by roofs. Open-frame or egg-crate patio covers shall be declared a roof in the application of this item (f). Section 9243.3. Accessory Buildings in Al, RE, Ri, R2, R3, R3H, and P Districts. (a) An accessory building shall be not less than five (5) feet from a main building. (b) On an interior lot an accessory building may be built to one side lot line and the rear lot line, except if the lot rears and/or sides upon an alley, said accessory building, if a garage, shall maintain a distance of not less than twelve (12) feet from the center line of the alley. (c) On a corner lot an accessory building may be built not less than ten (10) feet to the lot line on the street side of the lot, and an accessory building may be built to the rear and/or inside property line, except if the building is a garage, such building shall maintain a distance of not less than twelve (12) feet from the center line of the alley. (d) On a reversed corner lot an accessory building located in a required rear yard shall not extend beyond the required front yard line of the lot to the rear. (e) No accessory building shall occupy more than two-thirds (2/3) of the rear yard area required for the District in which the property is located. (f) When any rear lot line or portion thereof is a side lot line of a key lot, an accessory building shall be not less than five (5) feet from said line. (g) There shall be a minimum twenty (20) foot drive clearance between any property line abutting a street and the entrance of a garage. Section 9243.4. Miscellaneous Provisions. (a) For an attached accessory garage, carport, or other accessory building, the same yards shall be maintained as are required for the main building except as provided in Section 9243.3(g) of this Part. Furthermore, in the Al, RE, R1, R2, R3H, and P Districts an open breezeway or patio cover between a garage or accessory building and the main building becomes a part of the accessory building and shall comply with all provisions applying to accessory buildings except Section 9243.3(a) of this Part. (b) No provision set forth in this Chapter shall permit any violation of any setback established as prescribed in Part 7 of this Chapter. (c) Where property fronts, sides, or rears onto any primary street, as shown on the adopted Master Plan of Streets and Highways, the required front, rear, or side yard for the District in which said property is situated shall be measured from the future right of way line adopted for such primary street; provided, however, with respect to the determination of required front yard for a lot zoned Al, RE, R1, R2, R3, or P, and fronting on such primary street, where forty (40) percent or more of the lots along that block, excluding reverse corner lots and key lots, are developed with buildings, then Paragraph (2) of Subsection (b) of Section 9243 of this Part shall apply. -3- (d) The front yard on a key lot in any residential District shall be not less than three-fourths (3/4) the required front yard for the District in which located. (e) All yard areas, excluding any required side yard on the street side of a corner lot and required front yard of any lot, may be used for uncovered off-street parking of motor vehicles incidental to the uses permitted in the District in which located, except that if said lot rears or sides on an alley, the entrance to parking stalls shall be not less than twelve (12) feet from the center line of said alley. (f) Any setback line or required yard, whichever is greater, shall determine the building line. (g) There shall be a distance of not less than fifteen (15) feet between detached dwelling units and main buildings. Section 9243.5. Modifications in Yard Regulations. The following modifications in yard regulations may be undertaken: (a) Since the general yard provisions of this Chapter have to be applied to numerous types of conditions and shapes of parcels occasioned by varying street layouts and subdivisions of property, it is not advisable to attempt to define herein those cases which warrant exceptions and modifications to the general yard requirements of this Chapter, therefore, authority is hereby given the Zoning Administrator, as a part of his administrative function, to determine in writing the application of the specific requirements of this Chapter in harmony with their purpose and intent so that the spirit of the Chapter shall be observed, public peace, health, safety, and welfare secured, and substantial justice done under the following circumstances: (b) Where the application of yard regulations cannot be determined or may be interpreted in more than one way as to cause confusion in the administration of such regulations or general yard provisions with respect to irregularly shaped lots such as those resulting from some angular or curved streets, particularly triangular or gore shaped lots with more than four lot lines, such regulations or provisions may be modified or interpreted by the Zoning Administrator in writing as to an indi- vidual lot or to all lots of similar type involving a common problem and the building shall be governed by such interpretation. No fence or accessory building, the location of which is determined in whole or in part by yards, shall be erected or established upon any lot which is so irregularly or oddly shaped as to cause confusion relative to interpretation of such regulations until the yard provisions of this Chapter shall have been determined as set forth above. (c) The Zoning Administrator may, as a part of his adminis- trative function, authorize a ten (10) percent reduction in required side, front, and/or rear yard provided said determination shall be in writing and show that the reduction is in harmony with the purpose and intent of this Chapter. (d) The Zoning Administrator may, as part of his administrative function, authorize a temporary directional sign in permitted Districts if said sign complies with all Planning Department standards set out below. Said authorization shall be in writing with the following conditions of approval: 1) That the proposed temporary directional sign be not larger than 10' x 20'; said sign shall be non-illuminated in any residential or professional district, and non- flashing in any commercial or industrial district. -4- 2) That the sign be not more than 35 feet in overall height from the ground. 3) That the sign not be located on or project into any existing or future City right of way or any building setback. 4) That the Zoning Administrator may grant a 6-month extension of time at the expiration date of the initial 6-month period if it has been determined that said extension of time is necessary for the initial sale of homes in the tract. Said extension shall require a $5.00 fee. 5) That the applicant post a cash bond in the amount determined by the Director of Building Safety and Housing to guarantee the removal of each sign at the expiration of the period of the Conditional Use Permit, and that the applicant and/or the owner of the property on which the sign is located enter into an agreement with the City authorizing the City to enter upon the premises, destroy the sign, and declare the cash bond forfeited should said sign not be removed upon the expiration of the Conditional Use Permit. However, the Planning Director may determine to circulate public notice and hold a public hearing when a proposed temporary directional sign is so located to be of importance to the ad- joining property owners or be in conflict with the orderly development of the area. The requirement of a plot plan, cash bond, and legal agreement shall be fulfilled prior to Planning Department approval of a building permit. SECTION 2: That this Ordinance shall take effect thirty days from and after the date of its adoption. PASSED AND ADOPTED by the City Council of the City of Santa Ana at its regular meeting held on the 19th day of August, 1968. ATTEST: CLERK OF THE COUNCIL STATE OF CALIFORNIA) COUNTY OF ORANGE ) CITY OF SANTA ANA ) SS I, DORIS M. BROWN, do hereby certify that I am the Clerk of the Council of the City of Santa Ana; that ~e foregoing Ordinance was introduced at a regular meeting of the ~ity Council of said City held on the 5th day of August, 1968, and was again considered by said Council at its regular meeting held on the 19th day of August, 1968, and at said meeting was passed and adopted by the following vote, to wit: AYES, COUNCILMEN: Herrin,Brooks,Oarlson,Griset,Markel,McMichael NOES, ABSENT, COUNCILMEN: None COUNCILMEN: Thurman CLER/{ OF THE COUNCIL -5-