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Home My WebLink AboutNS-1739REL:adg 8/24/84 ORDINANCE NO. NS-1739 AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING SECTIONS 41-261, 41-267, 41-276 AND 41-282 OF THE SANTA ANA MUNICIPAL CODE AND ADDING SECTIONS 41-265.5 AND 41-280.5 THERETO TO REVISE THE DEVELOPMENT STANDARDS FOR THE R3 AND R3H USE DISTRICTS THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1: That Section 41-261 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 41-261. Building height NO building or structure shall exceed the height limit specified in Section 41-602 of this Chapter. Mechanical or other appurtenances on a building or structure may extend above such height limit. SECTION 2: That the Santa Ana Municipal Code is by adding a section, to be numbered 41-265.5, which reads as follows: hereby amended said section Sec. 41-265.5 Yard requirements for developments having subterranean parking Sections 41-263, 41-264, and 41-265 shall not apply to residential developments having completely subterranean off- street parking. Such developments shall comply., instead, with the following yard requirements: (a) There shall be a front yard of not less than ten (10) feet. Any and all stories above the first story shall have an average setback from the front property line of not less than fifteen (15) feet. (b) There shall be a rear yard of not (10) feet, unless the property abuts on an alley in which case no rear yard is required. less than ten in the rear, ORDINANCE NO. NS-1739 PAGE TWO (c) There shall be side yards of not less than three (3) feet each; except that if there is a side yard of six (6) feet or more on one side, then no side yard is required on the other side. SECTION 3: That Section 41-267 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 41-267. Usable open space There shall be provided a minimum of: (a) Two hundred and fifty (250) square feet of usable open space for each dwelling unit, either as private usable open space, or a combination of private and common usable open space. The minimum required front yard and street-oriented side yard and all walkways, driveways, and open or enclosed parking areas shall not be considered open space in the fulfillment of this requirement. (b) Ail dwelling units shall have private usable open areas with the following minimum dimensions and areas: (1) When located on open ground, utilized as a patio, terrace, open atrium, or surface of a court, each open area shall have a depth of not less than eight (8) feet and an area of not less than one hundred (100) square feet. (2) When located on a balcony, porch, or deck, each area shall have a depth of not less than five (5) feet and an area of not less than sixty (60) square feet. (c) The remaining required usable open space, not provided as private usable open space, shall be provided in common usable open space. Any area designated as common usable open space shall have dimensions of not less than twenty (20) feet by ten (10) feet and a total area of not less than four hundred (400) square feet. ORDINANCE NO. NS-1739 PAGE THREE SECTION 4: That Section 41-276 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 41-276. Building height No bulding or structure shall exceed the height limit specified in Section 41-602 of this Chapter. Mechanical or other appurtenances on a building or structure may extend above such height limit. SECTION 5: That the Santa Ana Municipal Code is hereby amended by adding a section, to be numbered 41-280.5 which said section reads as follows: Sec. 41-280.5. Yard requirements for developments having subterranean parking Sections 41-278, 41-279, and 41-280 shall not apply to residential developments having completely subterranean off- street parking. Such developments shall comply, instead, with the following yard requirements: (a) There shall be a front yard of not less than ten (10) feet. Any and all stories above the first story shall have an average setback from the front property line of not less than fifteen (15) feet. (b) There shall be a rear yard of not (10) feet, unless the property abuts on an alley in which case no rear yard is required. less than ten in the rear, (c) There shall be side yards of not less than three (3) feet each; except that if there is a side yard of six (6) feet or more on one side, then no side yard is required on the other side. ORDINANCE NO. NS-1739 PAGE FOUR SECTION 6: That Section 41-282 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 41-282. Usable open space There shall be provided a minimum of: (a) Two hundred and fifty (250) square feet of usable open space for each dwelling unit, either as private usable open space, or a combination of private and common usable open space. The minimum required front yard and street-oriented side yard and all walkways, driveways, and open or enclosed parking areas shall not be considered open space in the fulfillment of this requirement. (b) Ail dwelling units shall have private usable open areas with the following minimum dimensions and areas: (1) When located on open ground, utilized as a patio, terrace, open atrium, or surface of a court, each open area shall have a depth of not less than eight (8) feet and an area of not less than one hundred (100) square feet. (2) When located on a balcony, porch, or deck, each area shall have a depth of not less than five (5) feet and an area of not less than sixty (60) square feet. (c) The remaining required usable open space, not provided as private usable open space, shall be provided in common usable open space. Any area designated as common usable open space shall have dimensions of not less than twenty (20) feet by ten (10) feet and a total area of not less than four hundred (400) square feet. SECTION 7: 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 or 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 uncon- stitutional. ORDINANCE NO. NS- 1739 PAGE FIVE SECTION 8: 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 cash deposit in lieu thereof, re- quired to be posted, filed or deposit pursuant to any ordinance and all rights and obligations thereunder appertaining shall continue in full force and effect. ADOPTED this 15th day of October , 1984 ATTEST: R.~W. ~Y~mbour ger Mayor~ Clerk of the Counc[l~Y COUNCILMEMBERS: Luxembourger Aye Acosta -~ Bricken Absent Griset Aye Johnson Aye McGuigan -A-ye Young Aye APPROVED AS TO FORM: a~war~&oper City Attorney