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HomeMy WebLinkAboutNS-1200ORDINANCE NO. NS-1200 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADDING DIVISION 26 TO ARTICLE III OF CHAPTER 41 OF THE SANTA ANA MUNICIPAL CODE, CONSISTING OF SECTIONS 41-593 THROUGH 41-593.7 INCLUSIVE, PERTAINING TO THE ESTABLISHMENT OF SPECIFIC DEVELOPMENT USE DISTRICTS 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 a Division to be numbered 26 to Article III of Chapter 41, said Division 26 to consist of sections numbered 41-593 through 41-593.7 inclusive and to read as follows: DIVISION 26 (SPECIFIC DEVELOPMENT) Sec. 41-593. Applicability of Division. The regulations contained in this division shall apply to all property within a district where the district symbol is com- bined with the "SD" (Specific Development)suffix and to all pro- perty within the "SD" (Specific Development) District, when applied as a separate district. In all cases where a plan in an SD District has been approved the "SD" symbol shall be fol- lowed by a number to designate the Specific Development plan n%mlber (e.g., SD-l) and the development that shall be permitted subject to the provisions of the approved specific development Dlan and the regulationS of this chapter. Sec. 41-593.1. Purpose and Intent. The Specific Development District and suffix is authorized and established for the purpose of protecting and promoting the public health, safety and general welfare of the City and its residents by: protecting and enhancing the value of properties by encouraging the use of good design principles and concepts, as related to the division of pro- perty, site planning and individual improvements with full recognition of the significance and effect they have on the proper planning and dev- elopment of adjacent and nearby properties. J encouraging, securing and maintaining the orderly and harmonious appearance, attractiveness and aesthetic development of structures and grounds in order that the most appropriate use and value thereof be determined and protected. providing a method whereby specific development plans are to be based on the general plan as well as other regulations, programs, and legis- lation as may in the judgment of the City be required for the systematic execution of the general plan. recognizing the interdependence of land values and aesthetics and providing a method to imple- ment this interdependence in order to maintain the values of surrounding properties and improve- ments and encouraging excellence of property development, compatible with the general plan for, ORDINANCE NO. NS-1200 PAGE TWO and character of, the City, with due regard for the public and private interests involved. Se insuring that the public benefits derived from expenditures of public funds for improvements and beautification of streets and public facili- ties shall be protected by exercise of reasonable controls over the character and design of private buildings, structures and open spaces. Sec. 41-593.2. Uses Permitted and Development Standards "SD" Suffix. When the "SD" symbol is applied as a suffix in combina- tion with the district symbol, the specific development regula- tions are intended to apply only to those uses which are per- mitted in the zoning district to which the suffix is combined. In any case where the development standards of the specific development plan differ from the regulations of the base zone the specific development plan shall apply. Sec. 41-593.3. Uses Permitted and Development Standards "SD" Individual District. Any use or development of property within an "SD" District where the "SD" symbol is not c~mbined with another district shall be in compliance with all applicable general plan provi- sions and elements and any specific development standards and regulations which have been adopted in conformance with sec- tion 41-593.6 of this chapter. Sec. 41-593.4. Submission of Development Plans; Architectural Review. a) Any application for a permit for a building or structure in the SD District or any district combined with the SD Suffix shall be accompanied or preceded by the filing with the Planning Department of a specific development plan, consisting of architectural drawings or sketches and plot plans, all to a workable scale, showing the elevation of the proposed building or structure, signs, proposed landscaping or other treatment of grounds around such building or structure, off-street parking and other physical features such as trees, hydrants, poles, and other such installations, and, in addition, any other plans, drawings or information as may be deter- mined by the Planning Department which in their opinion is necessary to fully evaluate any requires for a build- ing permit. b) Upon receipt of said specific development plan by the Planning Department the same shall be referred to the Planning Commission which shall consider said plans in an endeavor to provide that such buildings or structures and grounds be in keeping with the neighborhood and such as not to be detrimental to the harmonious development of the city or to impair the desirability of investment or occupation in the neighborhood. Sec. 41-593.5. Approval of Specific Development Plans No permit.~for a building or structure shall be issued for any property subject to the provisions of this Division until all plans, drawings and other information required under ORDINANCE NO. NS-1200 PAGE THREE Section 41-593.4 are first approved by the Planning Commission or City Council as set forth in this section: a) No building permit shall be issued for the development of property within a zoning district classification combined with an SD Suffix, until there is first obtained for said property a conditional use permit permitting the use of the property in accordance with a specific development plan. Said conditional use permit shall be approved, conditionally approved, or denied. All development shall be in compliance with all conditions of approval prior to the issuance of a utility release by the Building Depart- ment. b) As to property within an SD District, upon adoption of a specific development plan by ordinance of the City Council. Sec. 41-593.6. Specific Development Standards and Regulations. The Planning Commission may, or if so directed by the City Council, shall prepare specific development standards and regu- lations for any property subject to this division provided that such standards and regulations are in conformity to the general plan of the City and all applicable sections of this Chapter. Such standards and regulations may include but are not limited to: a) the height, location and bulk of buildings; b) the location, arrangement and configuration of open space and building setback; c) the location and design of off-street parking areas; d) the number, size and location of all signs; ~)~' such other regulations and standards as may be necessary to accomplish the purposes and intent of this discussion or to insure the proper execution of the general plan. Sec. 41-593.7. Division of Property. No parcel subject to the provisions of this division may be divided or in any way reduced in area, except for land area acquired by a public agency, without first having received: a) preparation of specific development standards and regulations for said parcel pursuant to Section 41-593.6; or b) approval by the Planning Commission of a proposed specific development plan for said parcel. SECTION 2: This ordinance is urgently required for the immediate preservation of the public peace, health, safety, and welfare for the reason that a delay in the effective date hereof may operate during such period of delay to preclude the City from denying permits for the construction of buildings in nonconformity to the provisions herein contained with con- sequent permanent detrimental effect upon the public peace, health, safety, and welfare; therefore the City Council declares that this ordinance shall take effect as an emergency measure immediately upon its publication or posting. ORDINANCE NO. NS-1200 PAGE FOUR SECTION 3: 'If any sectiOn,' subsection/sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the deci- sion of any court of competent jurisdiction, such decision shall' no~ 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, clauses, phrases or portions be declared invalid or unconstitutional. SECTION 4: The Clerk of the Council shall certify to the passage of this ordinance and cause the same to be published in some daily newspaper printed and published in the City of Santa Ana. PASSED AND ADOPTED by the City Council of the city of Santa Ana as an emergency measure at its adjourned regular meeting on the 11 day of March , 1974. FURTHER PASSED AND ADOPTED by the City Council of the City of Santa Ana at is regular meeting held on the 18th day of March , 1974. ATTEST: ORDINANCE NO. NS-1200 PAGE FIVE STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SANTA ANA ) I, FLORENCE I. MALONE, do hereby certify that I am the Clerk of the Council of the City of Santa Ana, that the fore- going Ordinance was introduced to said Council at its adjourned regular meeting held on the 11 day of March , 1974, and was at said meeting passed and adopted as an emergency measure by the following vote, to wit: AYES, COUNCILMEN: Yamamoto, Patterson, Ga~he, Evans, V~ard, Griset NOES, COUNCILMEN: Markel ABSENT, COUNCILMEN: None I, further certify that the foregoing Ordinance was intro- duced to said Council at its adjourned regular meeting held on the l~h day of March , 1974 and was again con- sidered by said Council at its regular meeting held on the~ F 18th day of March , 1974 and was at said meeting passed and adopted by the following vote, to wit; AYES, COUNCILMEN: NOES, COUNCILMEN: Evans, Markel, Garthe, Yamamoto, Patterson, Ward, Griset None ABSENT, COUNCILMEN: None S A. WITHERS, CITY ATTORNEY CI)ERK OF THE COUNCIL'