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HomeMy WebLinkAboutNS-1961 - Amending Sections of the Santa Ana Municipal Code Adding Sections and Repealing Section to Revise the Zoning Regulations Pertaining to Non-Conforming Uses and BuildingsREL:mb(13) 4/28/88 Rev. 5/10/88 ORDINANCE NO. NS-1961 AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING SECTIONS 41-127, 41-681, AND 41-685 OF THE SANTA ANA MUNICIPAL CODE, ADDING SECTIONS 41-27, 41-142.5, 41-681.1, 41-681.2, 41-681.3, 41-681.4, AND 41-685.5 AND REPEALING SECTION 41-688, TO REVISE THE ZONING REGULATIONS PERTAINING TO NON- CONFORMING USES AND BUILDINGS 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 section, to be numbered 41-27, which said section reads as follows: Sec. 41-27. Bedroom. A bedroom is any room or segment of a dwelling unit separated from other portions of such dwelling unit by walls or other partitions, which is designed or used as sleeping quarters, provided that in determining the number of bedrooms in a dwelling unit all such rooms or segments having an area in excess of 80 square feet (exclusive of one living room, one dining room and al~ rooms clearly designed as kitchens, bathrooms, closets and hallways) shall be deemed bedrooms regardless of any description or use for purposes other than sleeping quarters, such as dens, family rooms or guest rooms. SECTION 2: That section 41-127 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 41-127. Nonconforming building. A nonconforming building is a building to which either of the following circumstances apply: (1) The building was constructed prior to July 20, 1960 and thereafter the building, or any of its appurt- ances, or the site on which it is located became non- conforming ~o any provision of this chapter due to the enactment or amendment of such provision or due to the acquisition by a public agency of real property through eminent domain or through a voluntary conveyance in lieu thereof. .ao6 ORDINANCE NO. NS-1961 PAGE TWO (2) The building and its appurtenances and the site on which it is located existed at one time in conformance with all applicable provisions of this chapter, and there- after the building, or any of its appurtenances, or the site on which it is located became nonconforming to any provision of this chapter due to the enactment or amend- ment of such provision or due to the acquisition by a public agency of real property through eminent domain or through a voluntary conveyance in lieu thereof. SECTION 3: That the Santa Ana Municipal Code is hereby amended by adding a section to be numbered 41-142.5, which said section reads as follows: Sec. 41-142.5. Rehabilitation. Rehabilitation is the restoration or modification of an existing building which alters the aesthetic quality of the building, excluding normal maintenance. SECTION 4: That section 41-681 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 41-681. General prohibition against enlargement or structural alteration of nonconforming buildings. No nonconforming building or building occupied by a nonconforming use shall be enlarged nor shall the exterior walls of such a building be structurally altered in any manner unless such building and the site on which it is located will thereafter conform to all applicable pro- visions of this chapter, except as otherwise provided in sections 41-681.1 through 41-681.4. SECTION 5: That the Santa Ana Municipal Code is hereby amended by adding a section, {o be numbered 41-681.1, which said section reads as follows: Sec. 41-681.1. Rehabilitation of nonresidential buildings on sites of less than 15,000 square feet. Rehabilitation of any nonconforming building which is used for any nonresidential purpose and which is located on a site having less than 15,000 square feet of gross 4.07 ORDINANCE NO. NS-1961 PAGE THREE area is subject to the following exceptions from section 41-681.' (1) Rehabilitation which is limited to structural alterations without any building expansion is permitted if all signage on the building and the site on which it is located is brought into conformity with the requirements of this chapter, except that, in the case of such altera- tions being undertaken by a tenant on a site having more than one tenant, such alterations are permitted if all signage on the area leased by such tenant is brought into conformity with the requirements of this Chapter. (2) Rehabilitation which includes expansion of the building is permitted when the total floor area of all such expansions occurring in any five-year period does not exceed 10 percent of the floor space of the build- ing as it existed at the beginning of such time period, provided that the following conditions are satisfied: (a) Ail signage on the building and the site on which it is located shall be brought into conformity with the requirements of this chapter. (b) Off-street parking shall be provided in conformance with the requirements of this chapter. With regard to sites having more than one business occupant, only the occupant undertaking the building expansion is required to achieve conformity with the applicable off-street parking requirements of this chapter. (c) Landscaping shall be improved to bring the site on which the building is located into closer compliance with the landscaping requirements of this chapter, as deemed appropriate by the planning director. (3) Rehabilitation which includes expansion of the building is permitted when the total floor area of all such expansions occuring in any five year period exceeds 10 percent but does not exceed 25 percent of the floor space of the building as it existed at the beginning of such time period, if the building and the site on which it is located is brought into conformity with all of the requirements of this chapter except those pertaining to building setbacks (minimum yards), minimum lot size, and minimum street frontage. With regard to sites having u~DINANCE NO. NS-1961 PAGE FOUR more than one business occupant, only the occupant under- taking the building expansion is required to achieve conformity with the applicable off-street parking require- ments of this chapter. SECTION 6: That the Santa Ana Municipal Code is hereby amended by adding a section, to be numbered 41-681.2, which said section reads as follows: Sec. 41-681.2. Rehabilitation of nonresidential buildings on sites of 15,000 square feet or more. Rehabilitation of any nonconforming building which is used for any nonresidential purpose and which is located on a site having 15,000 square feet or more of gross area is subject to the following exceptions from section 41-681: (1) Rehabilitation which is limited to structural alterations without any building expansion is permitted if all signage on the building and the site on which it is located is brought into conformity with the requirements of this chapter, except that, in the Case of such altera- tions being undertaken by a tenant on a site having more than one tenant, such alterations are permitted if all signage on the area leased by such tenant is brought into conformity with the requirements of this Chapter. (2) Rehabilitation which includes expansion of the building is permitted when the total floor area of all such expansions occurring in any five year period does not exceed 10 percent of the floor space of the building as it existed at the beginning of such time period, pro- vided that the following conditions are satisfied: (a) Ail signage on the building and the site on which it is located shall be brought into conformity with the requirements of this chapter. (b) Off-street parking shall be provided in conformance with the requirements of this chapter. With regard to sites having more than one business occupant, only the occupant undertakig the building expansion is required to achieve conformity with the applicable off-street parking requirements of this chapter. (c) Landscaping shall be improved to bring the site on which the building is located into closer compliance with the landscaping requirements of this chapter, as deemed appropriate by the planning director. -. 409 ORDINANCE NO. NS-1961 PAGE FIVE SECTION 7: That the Santa Ana Municipal Code is by adding a section, to be numbered 41-681.3, which reads as follows: hereby amended said section Sec. 41-681.3. Rehabilitation of multiple-family dwellings. Rehabilitation of a nonconforming building which is a multiple-family dwelling, including structural alteration and/or enlargement, is permitted subject to the following limitations: (1) There shall be no enlargement which would intrude into any required yard. (2) There shall be no enlargement which would result in a new nonconformity with the requirements of this chapter. (3) There shall be.no increase in the number or size of bedrooms unless the site on which the building is located will be in conformance with the off-street parking require- ments of this chapter. SECTION 8: That the Santa Ana Municipal Code is hereby amended by adding a section, to be numbered 41-681.4, which said section reads as follows: Sec. 41-681.4. Rehabilitation of single-family and two-family dwellings. Rehabilitation of a nonconforming building which is a single-family dwelling or a two-family dwelling is permitted in the following circumstances: (1) Structural alterations and additions may be made to such a building if it is located in a residential district, provided the number of dwelling units is not increased and that no new nonconformances with the requirements of this chapter are created. (2) Such buildings in the CM and P districts may be enlarged or structurally altered provided the number Of dwelling units is not increased. Any such building may be replaced by a new building of the same type provided that the number of dwelling units is not increased, that the continuance of the use is not barred by section 41-683, and that the new building complies with the minimum yard requirement applicable to buildings located in the R2 district. · ,410 ORDINANCE NO. NS-1961 PAGE SIX SECTION 9: That section 41-685 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 41-685. Change of a nonconforming use. (a) Except as provided in subsections (b) and (c) of this section, and subject to the provisions of section 41-685.5, a nonconforming use may be changed to another nonconforming use if and only if the new use is unconditionally permitted in the dis- trict in which said use is situated and the new use complies with the off-street parking requirements of this chapter. (b) The conversion of a residence in any com- mercial or industrial district to a use permitted in that district shall conform in every respect to all requirements and conditions set forth for such new use by this chapter. (c) A commercial use in the M-1 or M-2 district which is a nonconforming use by reason of the absence of a conditional use permit may be changed to another commercial use without the necessity of obtaining a conditional use permit. SECTION 10: That the Santa Ana Municipal Code is hereby amended by adding a section, to be numbered 41-685.5, which said section reads as follows: Sec. 41-685.5. Intensification of use. (a) A nonconforming use shall not be changed to another nonconforming use and a use in a nonconforming building shall not be changed to another use if an intensification of use would result. (b) As used herein, "intensification of use" means a change of use of land or buildings where more off- street parking spaces are required for the new use than were required for the previous use, and/or where the new use would have greater adverse environmental effects than the previous use. (e) The determination of whether a change of use would result in an intensification of use shall be made by the planning director. Any person aggrieved by a determination of the planning director that the new use would have greater adverse environmental effects than the previous use shall be entitled to 411 ORDINANCE NO. NS-1961 PAGE SEVEN have such issue submitted to the planning commission for final determination. Otherwise, the decision of the planning director shall be final. SECTION 11: That section 41-688 of the Santa Ana Municipal Code is hereby repealed. SECTION 12: 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, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. SECTION 13: 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 6th day of June , 1988. ATTEST: anice C. Guy / ~Clerk of the Counci~--~ Mayor COUNCILMEMBERS: Young McGuigan Aye APPROVED AS TO FORM: Ac os t a Griset Aye Hart Aye M ay Aye e r Pulido Aye City Attorney