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HomeMy WebLinkAboutNS-1640REL:adg 6/10/82 ORDINANCE NO. NS-1640 AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING SECTIONS 41-423, 41-424, 41-425, 41-426, 41-427, 41-428, 41-429 AND 41-430 OF THE SANTA ANA MUNICIPAL CODE TO REVISE THE PERMITTED USES AND DEVELOPMENT STANDARDS IN THE C5 (ARTERIAL COMMERCIAL) USE DISTRICT THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1: That section 41-423 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 41-423 Applicability of division. (a) C5 (arterial commercial) districts are specifically subject to the regulations contained division. in this (b) No building permit shall be issued for the construction or enlargement of any building or structure in the C5 district until a site plan has been submitted to the Zoning Administrator pursuant to section 41-430 and approved by him as conforming to the requirements of this division. (c) After approval of a site plan for a lot in the C5 district pursuant to section 41-430, no person shall cause such lot to be developed or maintained in nonconformity with such approved site plan or any approved revision thereof. (d) Separately-owned units of real property may be deemed a single lot for purposes of this division if they are subject to conditions, covenants and restrictions and reciprocal easements of access which provide for unified responsibility for vehicle access and parking, landscaping, and signage. (e) One-family and two-family dwellings permitted in the C5 district shall not be subject to the operational and design regulations set forth in sections 41-425 through 41- 429. Such dwellings shall be subject to the standards set forth for such uses in the R2 (Multiple-Family Residence) District. ORDINANCE NO. NS- 1640 PAGE TWO SECTION 2: That section 41-424 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 41-424 Uses permitted. (a) Permitted uses are: (1) Administrative and professional offices. (2) Stores, shops, and businesses for the retail sale of goods or services, subject to the following conditions and exclusions: (i) An approved conditional use permit is required for those uses set forth in subsection (b) hereinbelow; (ii) The following uses are not permitted: nurseries, sheet metal shops, body fender works, automobile paint shops, and repair garages; (iii) The processing, treatment, manufacturing, assembling, or compounding of any product is not permitted unless it is clearly and traditionally incidental and essential to a permitted retail activity; (iv) No establishment of any type may be used for the sale of alcoholic beverages for either on-site or off-site consumption without a minor exception permit. (3) Automobile parking lots, sale or storage of automobiles, trucks, tractors, whether new or used. but excluding the trailers, boats, or (4) Churches, chapels, mortuaries, and theaters (5) Public buildings (6) Restaurants and cafes, other than those specified in subsection (b) hereinbelow; provided that no such establishment may be used for the sale of alcoholic beverages for either on-site or off-site consumption without a minor exception permit. (7) Schools and studios operated for commercial or public purposes. (8) Day nurseries ORDINANCE NO. NS-1640 PAGE THREE (9) The printing, publishing, and circulation of a newspaper, including plant and office. (10) One-family and two-family dwellings, not exceeding one unit per 3000 square feet of lot area, provided such units front on a secondary or local street. (b) The following uses may be permitted subject to the issuance of an approved conditional use permit: (1) Hotels, motels, lodging houses, fraternity houses, and sorority houses. (2) Dwelling units when erected above the ground floor of a commercial structure when the ground floor is devoted exclusively to nonresidential uses. (3) Hospitals and care homes. (4) Public utility structures, including electric distribution and transmission substations. (5) Eating establishments with drive-through or walk-up window service. (6) Service stations and gasoline sales. (7) Car wash establishments, provided they are wholly enclosed. (8) Laundries and dry cleaning establishments. (9) Any facility where payment is offered for blood or plasma donations. (10) Tatoo parlors. SECTION 3: That section 41-425 of the Santa Ana Municipal Code is amended to read as follows: 41-425. Operational standards. (a) Any activity permitted in this district shall be conducted within an enclosed building, excepting the pump islands of a service station or other gasoline sales, the parking of motor vehicles, public utility structures, the ORDINANCE NO. NS- 1640 PAGE FOUR drive-through or walk-up window service of eating establishments providing such service, and the playground area of day nurseries. (b) Ail storage shall be within an enclosed building and shall be limited to the accessory storage of supplies utilized in the business conducted upon the premises. SECTION 4: That section 41-426 of the Santa Ana Municipal Code is amended to read as follows: Sec. 41-426 Walls. Where property within this district is to be used for professional or commercial purposes and has a lot line in common with any lot in a residential district there shall be erected a solid masonry wall not less than six (6) feet high along all such common lines. Where a wall of such height is prohibited by this chapter or any other ordinance the wall shall be the maximum allowable height. Further, where an alley separates the property in this district from property in a residential district said block wall shall be erected along the property line abutting the alley except at points of ingress/egress to the parking area. SECTION 5: That section 41-427 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 41-427. Landscaping. (a) Landscaping shall be installed and maintained oriented toward the public street or streets on which the lot abuts in accordance with the following requirements: (1)' The landscaped area shall be equal to at least ten percent (10%) of the total lot area, or, in the case of a corner lot, to at least fifteen percent (15%) of the total lot area. (2) The landscaped area shall include a landscaped planter of at least five (5) feet in width between any off-street parking area and any public street which the parking area is adjacent. to ORDINANCE NO. NS-1640 PAGE FIVE (b) In addition to other landscaping required by this section, landscaped planters shall be installed and maintained in off-street parking areas having a combined area equal to at least five percent (5%) of the total area used for parking and vehicle access. Such planters shall be at least five (5) feet wide in each direction. (c) The landscaping required by subsections (a) and (b) of this section combined shall include, at minimum, the following: one (1) 24-inch-box canopy tree, two (2) 15- gallon trees, and three (3) 5-gallon shrubs for each twenty- five (25) feet of street frontage of the lot, and, in addition one (1) 15-gallon tree for every six (6) required off-street parking spaces. Ground covering and shrubbery shall be provided which are substantial enough to cover all ground areas. (d) In addition to other landscaping required by this section, landscaped areas designed to buffer adjacent property from the activities on the lot shall be installed and maintained in accordance with the following requirements: (1) A landscaped area of at least five (5) feet in width shall be installed between the rear property line of the lot and any parking or driveway area adjacent thereto. (2) If and to the extent that the lot is contiguous to any property which is used for residential purposes or which is included in a residential use district (not including the C5 district), a landscaped planter shall be installed along the abutting lot line or lines which has a width of at least ten (10) feet plus an additional foot of width for every foot by which the height of any building on the lot exceeds twenty (20) feet. For purposes of this paragraph, a lot shall be deemed contiguous to such residentially used or zoned property if and to the extent its rear property line is separated from such property only by a public right-of-way. (3) Landscaped areas required by this subsection shall include, at minimum, one (1) 15-gallon canopy tree, one (1) 5-gallon tree, and two (2) 5-gallon shrubs for every thirty (30) feet of length of the area. Such areas shall be landscaped with mature trees and shrubbery capable of acting as an effective buffer between adjacent uses. ORDINANCE NO. NS- 1640 PAGE SIX (4) The minimum width requirements of this subsection may be modified pursuant to section 41-430 to accommodate unusual circumstances or special design constraints, provided that the minimum landscaped area which would result from strict adherence to such minimum width requirements shall not thereby be reduced. SECTION 6: That section 41-428 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 41-428. Vehicle access. (a) There shall be no more than one (1) vehicle entry- way and one (1) vehicle exit-way for each 150 feet of street frontage of the lot. No such entry-way or exit-way shall be located within 150 feet of any street intersection corner radius. (b) The design of vehicle access ways, driveways, and parking areas shall be safe and practical. SECTION 7: That section 41-429 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 41-429. Signs. (a) Only one (1) free-standing sign may be installed on any lot. Such sign shall be a monument sign not exceeding 60 square feet in area or 10 feet in height. Such sign shall be placed in and integrated with a landscaped area in a location which does not impair the vision of motorists necessary for safety or interfere with free and safe access to the lot. (b) Only one (1) sign for each distinct business activity may be installed on any building on the lot. Such signs may be either wall signs or canopy signs and shall be limited in their purpose to identification of the respective business activities. Such signs shall not be located higher than the first story of the building. For business activities fronting on a puSlic street, the sign shall not exceed sixty (60) square feet in area. For business activities not fronting on a public street, the sign shall not exceed 15 square feet in area and the letter height shall not exceed 18 inches. ORDINANCE NO. NS-1640 PAGE SEVEN (c) A sign program approved pursuant to section 41-431 may include types of signage not specified in this section; provided, howeverw such signage shall not exceed the area or dimensions specified in this section. (d) The sign standards set forth in section 41-619.4 of this Code shall not apply to the C5 district. Other sign regulations in this Code shall apply to signs in the C5 district to the extent they are not inconsistent with the limitations set forth in this section. SECTION 8: That section 41-430 of the Santa Ana Municipal Code is amended to read as follows: Sec. 41-430. Site plan review (a) A site plan, as required by section 41-423, or requested revision of an approved site plan, shall be submitted to the Planning and Development Services Department in duplicate and shall indicate the following drawn to a standard scale: any (1) The lot and peripheral properties, sufficient to show size, location, and present and proposed uses of the lot and the peripheral properties. (2) Building location on the lot and building dimensions sufficient to show gross floor area of each building, together with elevations showing building design. (3) Vehicle access and parking, showing all parking spaces, vehicular circulation and access to and from the public right-of-way. (4) A landscaping plan showing location of landscaped areas and a description of proposed trees, shrubs and ground-cover. (5) A sign program disclosing the location, size and purpose of each proposed sign. (b) Each site plan submitted shall be accompanied by proof of consent of the owner or owners of the lot to development and maintenance of the lot in accordance with the site plan. (c) Each site plan or revision of an approved site plan submit%ed to the Zoning Administrator pursuant to this section shall be approved, conditionally approved, or denied by the Zoning Administrator. The decision of the Zoning ORDINANCE NO. NS- 1640 PAGE EIGHT Administrator may be appealed to the Planning Commission and then to the City Council by any interested person. (d) The City Council may, by resolution, establish fees for the administrative cost of site plan review under this division, in which event each site plan or site plan revision submittal or appeal shall be accompanied by the fee thus established. SECTION 9: 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, sentence, clauses, phrases, or portions be declared invalid or unconstitutional. SECTION 10: 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 19th day of July , 1982. ATTEST: ~nice C Guyl C/ler~f the COUNC ILMEMBERS: Bricken Aye Luxembourger ~¥e Acosta Serrato ~¥e Griset A,ye Markel A.ye McGuigan Aye Council APPROVED AS TO FORM: Edward J. ~o6 e~ City Attorney