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8/26/83
ORDINANCE NO. NS- 1700
AN ORDINANCE OF THE CITY OF SANTA ANA ADDING
SECTIONS 41-668 THROUGH 41-674 TO THE SANTA
ANA MUNICIPAL CODE, REPEALING SECTIONS 41-293,
41-295, 41-344, 41-430, 41-441, 41-554, AND
41-555, AND AMENDING SECTIONS 41-413 AND 41-590,
TO ESTABLISH A UNIFORM DEVELOPMENT PLAN
APPROVAL PROCESS APPLICABLE THROUGHOUT THE CITY.
BE
SANTA ANA AS
IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FOLLOWS:
SECTION 1: That the title of Article V of Chapter
41 of the Santa Aha Municipal Code is hereby amended to read
as follows:
Article V. Conditional Use Permits,
Variances, Minor Exceptions, Amendments, and
Development Project Plan Approvals.
SECTION 2: That the Santa Ana Municipal Code is
hereby amended by adding a division, to be numbered 3, con-
sistinG of sections numbered 41-668 through 4'1-674, which
said division reads as follows:
DIVISION 3. DEVELOPMENT PROJECT
PLAN APPROVAL.
Sec. 41-668. Definitions
(a) "Development pr'ojeCt"
As ~sed in this d~vision, the term "develop-
ment project" includes the following:
(1) The new construction of any building
or buildings, other than accessory .buildings.
(2) Exterior alterations or additions to
any existing building or buildings, if the cost of the work
to be done exceeds $20,000.
ORDINANCE NO. NS-1700
PAGE TWO
(b) "Discretionary approval"
As used in this division, the term "discre-
tionary approval" means a conditional use permit, variance,
minor exception, tentative m~p approval, change in use
district designation,'or similar-entitlement for develop-
ment, the granting of which involves the exercise of dis-
cretion, other than the plan approval process set forth in
this division.
Sec. 41-669. Plan approval
(a) No building permit shall be issued for any
development project unless cOnsistent with plans that have
been approved for such development project in accordance
with this division, except as otherwise provided in a dis-
cretionary approval.
(b) In the event that a development project
requires a discretionary approval in order to proceed, no
application for such discretionary approval may be filed
unless plans have been submitted for review and approved or
disapproved for such development project in accordance with
this division.
Sec. 41-670. Standards for approval.
Plans for a development project shall be approved
if the development pro3ect, as proposed in the plans, satis-
fies the following standards:
(1) The development project is consistent
with the general plan and with any applicable specific plan
adopted pursuant to California Government Code sections
65450 et seq.
(2) The development project is consistent
with development design and architectual standards adopted
by resolution of the City Council.
(3) The development project provides for
adequate vehicular and pedestrian access and circulation and
vehicular parking.
adequate access
equipment.
4) The development project provides for
for city emergency and service vehicles and
ORDINANCE NO. NS-1700
PAGE THREE
(5) The development project provides for
adequate~utility services.
(6) The development project complies with
all applicable standards and regulations set forth in this
Chapter, including but not limited to landscaping require-
ments, trash area enclosures, and screening requirements fQr
loading and parking areas.
Sec. 41-671. Filing of application for
plan approval.
(a) Ail applications for plan approval for
development project skall be filed with the director of
planning and development services. The director of planning
and development services shall, by written departmental
regulations, establish procedures, forms and requirements
for the filing of such applications, as appropriate to deter-
mine whether the development pro3ect will comply with the
standards set forth in section 41-670.
(b) The city council may by resolution estab-
lish a fee to compensate the city for the administrative
cost of the plan review process established by this division,
including the appeal process set forth in section 41-674.
Sec. 41-672. Hearing.
(a) Except as provided in subsection (c) of
this section, whenever approval of plans for a development
project will constitute a substantial or significant de-
privation of property rights of other landowners, the
director of planning and development services shall set the
matter for public hearing and provide notice of the time and
place of the hearing to all persons, including businesses,
corporations, or other public or private entities, shown on
the last equalized assessment roll, as owning real property
within 300 feet of the property which is the subject of the
application. The notice shall be given by direct mailing to
the owners at least five (5) days prior to the date of the
hearing.
(b) Whenever a public hearing is required pur-
suant to subsection (a) of this section, the applicant may
be required to provide the director of planning and develop-
ment services with a list of the names and addresses of the
property owners entitled to notice under said subsection
(a).
ORDINANCE NO. NS-l?00
PAGE FOUR
(c) If the development project requires a dis-
cretionary approval in order to proceed, and if the applica-
tion for such discretionary approval requires a public hear-
ing by the planning commission or the city council, then no
hearing need be held on the development plan separate and
apart from the hearing on the application for the discretion-
ary approval; provided, however, in such event: (1) the
notice of hearing on the application for the discretionary
approval shall meet the requirements of subsection (a) of
this section; (2) any approval of the development project
plans by the director of planning and development services
shall be subject to the condition that such plans be subse-
quently approved by the planning commission or city council
following the hearing; (3) the hearing shall extend to and
include all-issues relevant to development project plan
approval under this division; and (4) the planning commission
or city council~ shall approve, conditionally approve, or
disapprove the plans for the developmgnt project following
the hearing.
Sec. 41-673. Decision on development
project plans.
(a) After receipt of a complete application for
development project plan approval, the director of planning
and development services shall approve, conditionally approve,
or disapprove the plans. Conditions of approval shall be
limited to those which reasonably relate to the purpose of
assuring compliance with the standards set forth in section
41-670, and with requirements, if any, for subsequent dis-
cretionary approvals.
(b) In addition to rendering a decision on the
plans, the director of planning and development services
shall provide direction to the applicant on the following
matters:
(1) The conformance of the project with the
general plan, any applicable specific plan, and any design
and architectual guideline~ adopted by the city council.
(2) The application to the development pro-
ject or regulations, procedures, and fees established by or
pursuant to this Code.
ORDINANCE NO. NS- 1700
PAGE FIVE
(3) Subsequent discretionary approvals re-
quired for the project, if any.
(4) Departments and agencies of the city
which will be involved in the determination of requirements
for the development project.
Sec. 41-674. Appeal.
(a) Any person aggrieved by a determination of
the director of planning and development services pursuant
to section 41-673 may appeal such determination to the
planning commission, which may then approve, conditionally
approve, or disapprove the plan subject to the same stand-
ards and limitations as apply to the director of planning
and development services under this division. The decision
of the planning commission shall be final.
(b) Any decision on a development plan approved
pursuant to section 41-672 (c) may be appealed according to
the same procedures established for appeal of a decision on
the application for a discretionary approval which is re-
quired for the development project.
SECTION 3: That sections 41-293, 41-295, 41-344,
41-430, 41-441, 41-554, and 41-555 of the Santa Ana Munici-
pal Code are hereby repealed.
SECTION 4: That section 41-413 of the Santa Ana
Municipal Code is hereby amended to read as follows:
Sec. 41-413. Operational standards.
(a) Any activities permitted in this district
shall be conducted wholly within an enclosed building except
the pump islands of service stations, parking facilities,
sidewalk cafes, news and flower stands.
(b) There shall be no manufacturing, process-
ing, compounding, assembling or treatment of any material or
product other than that which is clearly and traditionally
incidental to a particular retail enterprise, and where such
goods are sold on the premises.
(c) A concrete block wall not less than five
(5) feet nor more than six (6) feet in height shall be erected
along any lot line contiguous to any residentially zoned
property excepting said wall shall not exceed the height
limitations as prescribed in section 41-610 of this chapter.
ORDINANCE NO. NS-1700
PAGE SIX
said fence requirement may be waived by the planning
commission when it shall be found that the abutting
residential zoned property is in a period of transition to
commercial, professional or industrial usage or because of
other extenuating circumstances where said fence would not
promote the public ~health, welfare or safety.
SECTION 5: That section 41-590 of the Santa Ana
Municipal Code is hereby amended to read as follows:
Sec. 41-590. Conditional use permit required.
Any development, use or division of property
within a PRD modified district classification, even though
such development, use or division of said property may
conform to the base zone to which the PRD modified district
may be suffixed, requires the filing and approval of a
conditional use permit.
SECTION 6: If any section, subsection, sen-
tence, 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, sentences,
clauses, phrases, or portions be declared invalid or
unconstitutional.
SECTION 7: 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
ORDINANCE NO. NS- 1700
PAGE SEVEN
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 21st
ATTEST:
day of November , 1983.
R. W. ~XEMBOURGER, MA~)R
APPROVED AS TO FORM:
COUNCILMEMBERS:
Luxembourger Aye
Griset -~
Acosta ~ye
Bricken Aye
Johnson Aye
McGuigan Aye
Young Aye
CITY ATTORNEY