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HomeMy WebLinkAboutNS-1634RJW/fm 5/14/82 ORDINANCE NO. NS- 1634 AN ORDINANCE OF THE CITY OF SANTA ANA ADDING SECTION 41-620 TO THE SANTA ANA MUNICIPAL CODE, RELATING TO RELOCATION PERMITS FOR RESIDENTIAL STRUCTURES THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1: Statement of Purpose and Intent. The City Council of the City of Santa Ana finds and declares: 1. As the price of housing continues to rise in the Southern California area, more and more property owners are moving or relocating older, existing houses, mobilehomes, and other types of lower cost housing structures onto vacant or underutilized lots or parcels in existing, established residential neighborhoods. 2. The moving or relocation of such older, existing houses, mobilehomes, and other types of lower cost housing structures, if left unregulated or uncontrolled, could adversely affect the visual and aesthetic character of existing, established neighborhoods as well as adversely affect the values of real properties lying adjacent to, or in the immediate vicinity of, the affected lot or parcel. 3. The intent of this ordinance is to establish a permit procedure to regulate the placement of older, existing houses, mobilehomes, and other types of lower cost housing on vacant or underutilized lots oM parcels in existing, established neighborhoods. 4. This ordinance is enacted pursuant to Section 200 of the Charter of the City of Santa Aha, as well as the express authority of Section 65852.3 of the Government Code of the State and Section 19993 of the Health and Safety Code of the State. SECTION 2: Section 41-620 is added to the Santa Ana Municipal Code to read as follows: Sec. 41-620. Permits for relocated residential structures. (a) As used in this section, the following terms shall mean: (1) "Department" shall mean the Department of Planning and Development Services. (2) "Factory built house" shall mean that term as defined in Section 19971 of the Health and Safety Code of the state. (3) "Manufactured home" shall mean that term as defined in Section 18007 of the Health and Safety Code of the State. (4) "Mobilehome" shall mean that term as defined in Sections 18008 and 18817 of the Health and Safety Code of the State; and such term shall include a "new mobilehome," ORDINANCE NO. NS- 1634 PAGE TWO as defined in Health and Safety Code Section 18009, as well as a "used mobilehome," as defined in Health and Safety Code section 18014. (5) "Person" shall mean any individual, individuals, partnership, unincorporated association, corporation, or other type of firm or entity. (6) "Relocated residential building" shall mean any existing building or structure used for residential purposes, wherever located, which is proposed to be moved or relocated to a lot or parcel in the city, which lot or parcel is situated within the R1, R2, R3, R3H, RE or P Districts. (7) "Residential structure" shall mean and include any factory-built house, manufactured home, mobile- home, or relocated residential building as defined hereinabove. (b) No person shall move or relocate any residential structure onto any lot or parcel situated within the Ri, R2, R3, R3H, RE or P Districts, unless such person has first obtained a permit from the zoning administrator in accordance with the provisions of this section. (c) Applications for a permit shall be in writing and filed with the department upon forms provided by the depart- ment and shall include the following information: (1) Name of street and official house number, the name of the tract or block number and zone-use legend, the lot or parcel number and its dimensions, including where the residential structure is proposed to be placed on the lot or parcel. (2) A description of the structural characteristics of the building. (3) A plot plan, indicating the dimensions of all existing and proposed building locations, yards, and setbacks. (4) The estimated value of the residential structure. (5) A floor plan, indicating the minimum floor space area of each room within the residential structure, excluding porches, breezeways and garages. (6) A list of the names and addresses of all property owners within three hundred (300) feet of the exterior boundaries of the lot or parcel involved, as shown on the latest available tax roll. (7) Such other and further information as the zoning administrator determines is needed to assist him in deciding whether to issue the permit. (8) Each application shall be signed by the record owner or owners of the affected lot or parcel, or the duly authorized agent in writing for such owner or owners. (d) Each application for a permit shall be accompanied by a filing fee in an amount to be established by resolution of the city council. (e) Upon the filing of an application for a permit, the zoning administrator shall set the application for a ORDINANCE NO. NS-1634 PAGE THREE hearing before him which is to be held not less than twenty- one (21) days after the date of filing. (f) The zoning administrator shall give or cause to be given notice of the date, time and place of such hearing by mailing a notice to the person filing the application at least five (5) days prior to the date of such hearing. In addition, the zoning administrator may give such notice to any other interested person or persons as he deems appropriate. (g) Upon the date set for a hearing, the zoning administrator may on that date continue the matter, so long as such continuance is for a reasonable period of time. Any continuance for a period in excess of thirty (30) days from the original date of the hearing shall require the concurrence of the applicant. If a date for a continued hearing is thereupon announced by the zoning administrator in open hearing, no further notice thereof need be given by the zoning administrator to the applicant. (h) If he finds that each of the following requirements have been met, the zoning administrator shall approve the application and grant the permit: (1) The residential structure proposed to be moved or relocated is comparable in value, size (square footage of liveable floor space, excluding porches, breezeways and garages), structural quality, type of construction, design, appearance, and overall physical upkeep and condition, to residences located in the area adjacent to, or in the immediate vicinity of, the lot or parcel on which the resi- dential structure is proposed to be moved or relocated. (2) That moving or relocation of the residential structure will not be detrimental, decrease or diminish the value of real properties located adjacent to, or in the immediate vicinity of, the lot or parcel on which the residential structure is proposed to be moved or relocated. (3) That the move or relocation of the residential structure will comply with the regulations and conditions specified in the zoning district in which the affected lot or parcel is situated. (4) That approval of the permit will not adversely affect the general plan of the city, or any specific plan of the city applicable to the lot or parcel on which the resi- dential structure is proposed to be moved or relocated. (i) If the zoning administrator does not find that all of the requirements set forth in Subsection (h) have been met, he shall deny the application for the permit. (j) In granting a permit, the zoning administrator may impose such conditions, including requiring modifications to the design and appearance of the residential structure, as are necessary to assure compatibility with existing housing in the area adjacent to, or in the immediate vicinity of, the affected lot or parcel; or as may be desirable to protect the public health and welfare of the citizens of the city. (k) In granting or approving an application for a permit, the zoning administrator shall make a written finding which shall specify all facts relied upon in rendering his decision and in attaching conditions and safeguards. A copy ORDINANCE NO. NS-1634 PAGE FOUR of the decision, together with the written finding of fact, shall be filed with the planning commission, with the department, and mailed to the applicant. (1) Within fifteen (15) days from the date of the zoning administrator's decision, the applicant, if the zoning administrator's decision is adverse to the applicant, or any other interested person, may appeal such decision to the planning commission. Such appeal shall be in writing, shall state the reason or reasons why the decision of the zoning administrator is incorrect, and shall be filed with the director of the department upon forms provided by the department. Such appeal shall be accompanied by payment of a fee in an amount to be established by resolution of the city council. (m) Upon receipt of an appeal, the director shall present such appeal to the planning commission at its next regular meeting. At such meeting, the planning commission shall set the appeal for public hearing within thirty (30) days from the date of such regular meeting. Not later than ten (10) days prior to the date of said public hearing, the planning commission shall give written notice of the date, time and place of its hearing to all property owners within three hundred (300) feet of the exterior boundaries of the lot or parcel involved, as shown on the latest available tax roll. (n) At its public hearing, the planning commission may either affirm, reverse, change or modify the decision of the zoning administrator. The planning commission may continue its public hearing in the same manner as permitted for the zoning administrator pursuant to Subsection (g) of this section. In rendering its decision, the planning commission shall be governed by the criteria set forth in Subsection (h) (1)-(4) of this section. If the planning commission reverses the decision of the zoning administrator, approves the application and grants the permit, the planning commission may impose conditions to such approval in the same manner as granted to the zoning administrator pursuant to Subsection (j) of this section. The decision of the planning commission shall be final with no further right of appeal. The decision of the planning commission shall be filed with the clerk of the council, with the department, and mailed to the applicant. (o) The zoning administrator may, after twenty (20) days notice by mail to the applicant and/or record owner or owners of the affected lot or parcel, and after a duly noticed public hearing in accordance with the provisions of Subsection (m) of this section, revoke a permit, on any one or more of the following grounds: (i) That the permit was obtained by fraud or misrepresentation. (ii) That the permit has been exercised by the person granted the permit, or his representatives, successors, or assigns, contrary to the terms or conditions of approval, or in violation of any statute, ordinance, law, or regulation not excused by the permit. (iii) That the permit is being or has been so exercised as to be detrimental to the public health, welfare, or safety or so as to constitute a nuisance. (p) The person whose permit has been revoked by the zoning administrator may appeal the decision of the zoning ORDINANCE NO. NS- 1634 PAGE FIVE administrator in writing to the planning commission within ten (10) days after such decision by the zoning administrator. The planning commission shall hear said appeal within thirty (30) days after the date such appeal is filed. Public notice of the planning commission's hearing on such appeal shall be given in accordance with the provisions of Sub- section (m) of this section. The planning commission, after hearing, may affirm, reverse, change or modify the decision of the zoning administrator. A copy of the decision of the planning commission shall be filed with the clerk of the council, with the department, and mailed to the applicant. The decision of the planning commission shall be final with no further right of appeal. (q) The requirements of this section shall be in addition to, and not a substitute for, the provisions and requirements set forth in Article VIII (Sections 8-1760 to 8-1804) of Chapter 8 of this Code, pertaining to house moving. 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 de- cision 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 4: Neither the adoption of this ordinance nor the repeal hereby of any ordinance shall in any manner affect the prosecution for violation of ordinances, which violations were committed prior to the effective date hereof, nor be construed as affecting any of the provisions of such ordinance relating to the collection of any such license or penalty or the penal provision applicable to any violation thereof, nor to affect the validity of any bond or cash deposit.in lieu thereof, required to be posted, filed or deposited pursuant to any ordinance and all rights and obligations thereunder appertaining shall continue in full force and effect. ADOPTED this 7th day of 0une , 1982. ATTEST: COUNCILMEMBERS: Bricken Luxembourger AYe Acosta Aye Serrato Griset Abstain Markel ~¥e McGuigan ~¥e APPROVED AS TO FORM: "7' EDWARD J. COOPER, City Attorney