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HomeMy WebLinkAboutNS-2111 - Revising the Residential Development Standards of the City REL: 1/15/91 ORDINANCE NO. NS-2111 AN ORDINANCE OF THE CITY OF SANTA ANA REVI- SING THE RESIDENTIAL DEVELOPMENT STANDARDS OF THE CITY 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 41-42.5, which said section reads as follows: Sec. 41-42.5. Child care facilities. A child care facility is a place where pre-school children are supervised, educated, and/or left for care for part of a 24-hour day. SECTION 2: That section 41-52 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 41-52. Dwelling, two-family. A two-family dwelling is a single building cQntaining not more than two (2) families living independently of each other in separate living areas, which has a common roof and common interior or party walls, and which contains no more than two kitchens. SECTION 3: That the Santa Ana Municipal Code is hereby amended by adding a section, to be numbered 41-160, which said section reads as follows: Sec. 41-160. Townhouse. A townhouse is a dwelling unit located in a group of three or more attached dwelling units with no dwelling unit located above or below another and with each dwelling unit having its own exterior entrance. SECTION 4: That section 41-231 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 41-231. Applicability of division. Rl (single-family residence) districts are specifically subject to the regulations contained in this division, except that nonresidential uses allowed pursuant to section 41-232.5 1 173 n 174 ORDINANCE NO. NS-2111 PAGE TWO are subject to the design and development standards set forth in Division 12 of this article for the C1 (Community Commer- cial) district. SECTION 5: That section 41-232 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 41-232. Uses permitted in the Rl district. The following uses are permitted in the Rl district: (a) One (1) one-family dwelling for each lot . (b) Private greenhouses and horticultural collections for domestic noncommercial use, flower and vegetable gardens, fruit trees and any agricultural crop. (c) One temporary real estate office devoted to the sale of real estate in the tract in which it is located, which use shall be for a period of time not to exceed one year. (d) Accessory buildings and structures, except as otherwise provided in section 41-232.5. (e) Child care facilities providing care to not more than 12 children, provided that if the number of children exceeds 6, a land use certificate must be first obtained pursuant to Division 4 of Article V of this chapter. SECTION 6: That section 41-232.5 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 41-232.5. Uses subject to a conditional use permit in the Rl district. The following uses may be permitted in the Rl district subject to the issuance of a conditional use permit: (a) Churches and accessory church buildings. (b) Public schools, colleges and universities which may include on the campus: Dormitories, libraries, museums, university union buildings and art galleries, which are owned and operated by the university. (c) Private schools and colleges except said private schools and colleges shall not include trade schools or business colleges. (d) Public buildings and public utility buildings and 2 II .....---.-----.,.-.,ho-~'" ORDINANCE NO, NS-2111 PAGE THREE 175 structures, including electric distribution and transmission substations. (e) Golf courses, excluding miniature golf courses, pitch and putt courses and driving ranges. (f) Child care facilities caring for more than 12 children. (g) Neighborhood and community service centers. (h) Garages for more than 4 vehicles. (i) Accessory structures more than 15 feet in height or more than one story. SECTION 7: That section 41-233 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 41-233. Building height in the Rl district. No primary structure shall exceed 27 feet nor two stories in height, as measured from the lowest adjacent grade of the structure to the top of the structure. SECTION 8: That section 41-235 of the Santa Ana Municipal Code is amended to read as follows: Sec. 41-235. Side yards in the Rl district. Each side yard shall be not less than five (5) feet for each building. On corner lots the side yard on the street side shall be not less than ten (10) feet for each building. The restrictions on nonconforming buildings set forth in Article VI of this chapter shall not apply to buildings which are nonconforming solely for the reason that they do not have side yards meeting the standard set by this section, provided the side yards of such building are at least three (3) feet wide. SECTION 9: That section 41-236 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 41-236. Rear yards in the Rl district. There shall be a rear year of not less than twenty (20) feet. Such rear yard may be reduced to not less than ten (10) feet in width provided that it has at least 1200 square feet of open space area, exclusive of side yard areas. SECTION 10: That section 41-237 of the Santa Ana Municipal Code is amended to read as follows: 3 I I , 17H ORDINANCE NO, NS-2111 PAGE FOUR Sec. 41-237. Minimum lot size and street frontage in the Rl district. (a) The minimum size of lots in the Rl district is 6000 square feet. (b) The minimum street frontage of lots in the Rl district, measured from the back of the front yard setback, is 50 feet. (c) Lots which have resulted from a legal subdivision but which do not meet the standards set in subsections (a) and (b) of this section may be developed with single-family dwellings provided they have at least 4000 square feet of area and at least 40 feet of street frontage. SECTION 11: That the Santa Ana Municipal Code is hereby amended by adding a section, to be numbered 41-238, which said section reads as follows: Sec. 41-238. Lot coverage in the Rl district. No more than 50 percent of a lot in the Rl district shall be covered by structures. SECTION 12: That the Santa Ana Municipal Code is hereby amended by adding a section, to be numbered 41-239, which said section reads as follows: Sec. 41-239. Development standards in the Rl district. Lots in the Rl district shall comply with the following standards: (a) Front and street oriented side yards shall be landscaped with the exception of approved driveways and sidewalks. (b) Side yards shall be completely landscaped, except a walkway or driveway may encroach into required side yard. (c) Driveways shall lead to a garage and not exceed the width of said garage or 50 percent of the lot width at the street, whichever is less. There shall be no parking of vehicles in the front yard except in such driveways. (d) Garages facing the street shall occupy no more than 50 percent of the lot width. (e) Porte cocheres shall be architecturally compatible with the structure and may encroach up to the side property line. A two-car garage must be provided prior to approval of a porte cochere. 4 n IT 177 ORDINANCE NO. NS-2111 PAGE FI VE (f) Accessory structures shall not exceed 35 percent of the required rear yard area. (g) Accessory structures shall be not less than five (5) feet from a main building. (h) Maximum square footage of accessory structures shall not exceed 66 percent of the main structure square footage. ( i) Existing detached accessory structures, on exterior corner lots only, may be connected to the main structure, provided a minimum five (5) foot setback is maintained from any property line and a minimum of 1,200 square feet of open area is maintained in the rear yard. SECTION 13: That the Santa Ana Municipal Code is hereby amended by adding a section, to be numbered 41-240, which said section reads as follows: Sec. 41-240. Landscaping standards in the R1 district. v In the R1 residential requirements: district all yards shall be landscaped. Each unit shall meet the following minimum (a) Front Yard: I) One 24-inch box canopy tree. 2) All trees shall be double-staked. 3) six 5 gallon size shrubs and 10 one gallon size herbaceous perennials/shrubs as a foundation planting. 4) Turf or acceptable dry climate ground cover: a. Turf shall be drought tolerant variety and planted as sod or hydroseed. b. Ground cover shall be well-rooted cuttings from flats and planted at appropriate spacing for that particular plant material. (b) Side Yard: Corner lots shall require one 15-gallon size tree for every 30 linear feet of property abutting a street lIS six (6) 5-gallon size shrubs as a foundation plan lll'.:/. Root barriers shall be required on all trees plunted along the street oriented yards. 5 II 178 [ .. r I I ORDINANCE NO. NS-2111 PAGE SIX (c) Project Perimeter Walls: I) Flowering vines shall be secured to a decorative masonry wall or wood fends material. 2) The vines shall be five gallon size and be planted at 20 foot intervals. They shall be secured to the walls with eye hooks and wire. 3) Espaliered shrubs, fruit trees, or other ornamental trees may be substituted for the flowering vines. (d) Irrigation System: I) A pop-up sprinkler type irrigation system shall be provided for all yards for each residential unit. 2) The use of "xeriphytic" or dry climate type plant materials, is encouraged. Irrigation systems may require special fittings to properly water dry climate plantings. (e) Screening: I) All meters shall be appropriately screened from public view with trellis work and vines or a hedge type shrub or they shall be incorporated into the residential structure. 2) Any enclosed structure for utilities must not encroach into any required setback. (f) Maintenance: All plant material shall be maintained per Section 41- 609 of this chapter. SECTION 14: That the Santa Ana Municipal Code is hereby amended by adding a division, to be numbered 3.5 and consisting of sections to be numbered 41-241 through 41-245.14, to Article III of Chapter 41, which division reads as follows: DIVISION 3.5. Rl-4000 (SMALL LOT SINGLE-FAMILY RESIDENCE) Sec. 41-241. Uses permitted in the Rl-4000 district. The following uses are permitted in the R1 district: (a) One (1) one-family dwelling for each lot. (b) Accessory buildings and structures. 6 1701 ORDINANCE NO. NS-2111 PAGE SEVEN Sec. 41-242. Minimum lot size in the Rl-4000 district. Each lot in the Rl-4000 district shall be at least 4000 square feet in area. Sec. 41-243. Minimum street frontage in the Rl-4000 district. Each lot in the Rl-4000 district shall have at least 40 feet of width, measured from the back of the front yard setback, and at least 30 feet of street frontage, measured at the front property line. Each corner lot shall have at least 50 feet of street frontage and lot width measured at the front property line. Sec. 41-244. Building height in the Rl-4000 district. (a) No primary building in the Rl-4000 district shall exceed 27 feet nor two stories in height, measured from the lowest adjacent grade. A varied roof line shall be provided which incorporates at least two separate roof pitches or planes. (b) No accessory building or structure in the Rl-4000 district shall exceed 15 feet nor one story in height. Sec. 41-245. Lot coverage in the Rl-4000 district. No more than 50 percent of a lot in the Rl-4000 district shall be covered by structures. Sec. 41-245.01. Front yards in the Rl-4000 district. (a) In the Rl-4000 district, front yards shall vary from lot to lot within a range of not less than 13 feet nor more than 17 feet, with 15 feet as the average dimension. (b) If the rear yard of any lot is less than 20 feet, the minimum front yard for such lot shall be increased by the amount of the rear yard shortage. If the rear yard of any lot is more than 20 feet the minimum front yard for such lot shall be decreased by the amount of the rear yard excess, but not to less than 13 feet. 7 180 I I ~ --~.-._..._~-----~_.._._._._~..~-- ORDINANCE NO. NS-2111 PAGE EIGHT Sec. 41-245.02. Side yards in the Rl-4000 district. (a) Except as otherwise provided in subsection (b) of this section, each lot in the Rl-4000 district must have side yards of at least five (5) feet. On corner lots, the side yard on the street side must be at least fifteen (15) feet. Mechanical equipment shall not be visible from the street or encroach into a required side yard. Cornices and eaves may encroach into a required side yard by no more than eighteen (18) inches. ~ (b) A single-family dwelling in the Rl-4000 district may be constructed abutting a side property line, provided (1) that yard area equivalent to that lost by the waiver of the side yard requirement is provided elsewhere on the lot in addition to other required yard areas, and (2) that an easement of access for purposes of maintenance of the dwelling is provided to the owner of the dwelling by the owner of the adjacent lot. (c) Accessory structures may be constructed along a side property line, other than a side property line abutting a street. Sec. 41-245.03 Rear yards in the Rl-4000 district. (a) In the Rl-4000 district, rear yards shall vary from lot to lot within a range of not less than 18 feet nor more than 22 feet, with 20 feet as the average dimension. (b) If the front yard of any lot is less than 15 feet, the minimum rear yard for such lot shall be increased by the amount of the front yard shortage. If the front yard of any lot is greater than 15 feet, the minimum rear yard for such lot shall be decreased by the amount of the front yard excess, but not to less than 18 feet. (c) Room additions, patio covers and patio enclosures are permitted in the minimum rear yard area provided they are at least 10 feet from the rear property line and that a minimum of 75 percent of the minimum rear yard area remain as open space. Pools, spas, gazebos, uncovered patios, and similar items shall not be considered a reduction of open space. (d) Accessory structures may be constructed along the rear property line. Sec. 41-245.04. Garages and driveways in the Rl-4000 district. Each dwelling in the Rl-4000 district shall have an attached 8 ORDINANCE NO. NS-2111 PAGE NINE two-car garage. Driveways leading to a garage shall be at least 20 feet long and 18 feet wide, but the width of a driveway shall not be more than 50 percent of the width of the lot on which it is located. Driveway pavement shall incorporate brick, stone or other similar treatment. Sec. 41-245.05. Guest parking in the Rl-4000 district. Guest parking shall be provided for each development project in the Rl-4000 district in the amount of 0.5 space per dwelling, in addition to the on-lot spaces required for each dwelling by this chapter. Guest parking areas shall be owned and maintained by the homeowners' association referenced in section 41-245.11. Sec. 41-245.06. Density in the Rl-4000 district. In computing the number of dwelling units permitted in a development project in the Rl-4000 district pursuant to the general plan, streets and sidewalks, both public and private, shall not be considered as part of the area of the project. Sec. 41-245.07. Street standards in the Rl-4000 District. In any development project in the Rl-4000 district, public and private streets shall meet the following standards: I) Minimum thirty-six (36) linear feet of width as measured from curb face to curb face. 2) Minimum six (6) inch curb on both sides of the street. 3) Minimum five (5) foot sidewalks adjacent to the curb on both sides of the street. 4) Minimum five (5) foot utility easements on both sides of the street adjacent to sidewalk. 5) Street lights, street signs, fire hydrants, and water meters shall be installed behind the sidewalk in the five (5) foot utility easement. Sec. 41-245.08. Fences in the Rl-4000 district. (a) A fence plan for any development project in the Rl-4000 district shall be submitted for approval to the Planning Manager. The fence plan shall include, but is not limited to, the following: 9 181 n 182 ORDINANCE NO. NS-2111 PAGE TEN I) The plan shall delineate and dimension the location, size and materials of all fences 2) The plan shall provide elevations demonstrating the architectural compatibility of the proposed fences with the proposed project. 3) The plan shall include installation specifications ensuring long term quality of the proposed fencing. (b) Fences shall not be located within the required front yard setbacks or located within ten (10) feet of the side property line on any street-oriented side yard. Sec. 41-245.09. Development standards in the Rl-4000 district. Lots in the Rl-4000 district shall comply with the following standards: (a) Front and street oriented side yards shall be landscaped with the exception of driveways and sidewalks. (b) Side yards shall be completely landscaped. Any walkway, driveway or hardscape shall be in addition to required side yards. (c) Driveways shall lead to a garage and not exceed the width of the garage or 50 percent of the lot width at the street, whichever is less. (d) Garages facing the street shall occupy no more than 50 percent of the lot width. (e) Accessory structures shall not exceed 35 percent of the required rear yard area. (f) Accessory structures shall not be less than five (5) feet from a main building. Sec. 41-245.10. Landscaping standards in the Rl-4000 District. Lots in the Rl-4000 district shall meet the following minimum landscaping standards: (a) Front Yard: 1) One 24-inch box canopy tree. 10 I I ORDINANCE NO. NS-2111 PAGE ELEVEN 183 2) All trees shall be double-staked. 3) six 5-gallon size shrubs and ten one-gallon size herbaceous perennials/shrubs as a foundation planting. 1 I I 4) Turf or acceptable dry climate ground cover: a) Turf shall be drought tolerant variety and planted as sod or hydroseed. b) Ground cover shall be well-rooted cuttings from flats and planted at appropriate spacing for that particular plant material. 5) Root barriers shall be required on all trees. (b) side Yard: Corner lots shall have one l5-gallon size tree for every 30 linear feet of property abutting a street plus six (6) five-gallon size shrubs as a foundation planting. Root barriers shall be required on all trees planted along the street-oriented yards. (c) Project Perimeter Walls: 1) Flowering vines shall be secured to a decorative masonry wall or wood fence material. 2) The vines shall be five-gallon size and be planted at 20 foot intervals. They shall be secured to the walls with eye hooks and wire. 3) Espaliered shrubs, fruit trees, or other ornamental trees may be substituted for the flowering vines. (d) Irrigation System: 1) A pop-up sprinkler type irrigation system shall be provided for all yards. ,;T 2) The use of "xeriphytic," or dry climate type plant materials, is encouraged. Irrigation systems may require special fittings to properly water dry climate plantings. (e) screening 1) All meters shall be appropriately screened from public 11 1- -~------ . 184 ORDINANCE NO, NS-2111 PAGE TWELVE view with trellis work and vines, a hedge type shrub or be incorporated into the residential structure. 2) Any enclosed structure for utilities must not encroach into the required setback. (f) Maintenance All plant material shall be maintained per section 41-609 of the Santa Ana Municipal Code. Sec. 41-245.11. Homeowners associations in the Rl-4000 district. All development projects in the Rl-4000 district must be subject to conditions, covenants and restrictions that provide for the following: 1) A homeowner's association authorized to the administer and enforce the covenants, conditions and restrictions. 2) A property maintenance program addressing the physical maintenance of the required front yards, street oriented side yards and property held in common by the homeowners' association. 3) A design review board to enforce the long term aesthetic integrity of the project. Sec. 41-245.12. Minimum development site size and street frontage in the Rl-4000 district. All development projects in the Rl-4000 district shall have a project site size of at least one acre (43,560 square feet) and street frontage of at least 200 lineal feet. Sec. 41-245.13. Development site perimeter walls in the R1- 4000 district. A decorative six foot high wall shall be constructed around the perimeter of any development project site in the Rl-4000 district. Sec. 41-245.14. Zero lot line development in the Rl-4000 district. Notwithstanding the side yard requirements otherwise applicable to development in the Rl-4000 district, a single- 12 II 185 ORDINANCE NO. NS-2111 PAGE THIRTEEN family dwelling may be constructed abutting a side property line, provided (1) that yard area equivalent to that lost by the waiver of the side yard requirement is provided elsewhere on the lot in addition to other required yard areas, and (2) an easement of access for purposes of maintenance of the dwelling is provided to the owner of the dwelling by the owner of the adjacent lot. SECTION 15: That section 41-246 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 41-246. Applicability of regulations. R-2 (Two-Family Residence) districts are specifically subject to the regulations contained in this division, except that one-family dwellings are subject to the design and development standards set forth in Division 1 of this article, townhouses are subject to the design and development standards set forth in Division 6 of this article, and uses allowed under section 41-247.5 are subject to the design and development standards set forth in Division 12 of this article. SECTION 16: That section 41-247 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 41-247. Uses permitted in the R-2 district. The following uses are permitted in the R-2 district: (a) One-family dwellings. (b) Two-family dwellings. (c) Townhouses. (d) Private greenhouses and horticultural collections for domestic noncommercial use, flower and vegetable gardens, fruit trees and any agricultural crop. (e) One temporary real estate office devoted to the sale of real estate in the tract in which it is located, which shall be used for a period of time not to exceed one year. (f) Accessory structures. (g) Child care facilities providing care to not more than 12 children, provided that if the number of children exceeds 6, a land use certificate must be first obtained pursuant to Division 4 of Article V of this chapter. 13 iSH ORDINANCE NO. NS-2111 PAGE FOURTEEN SECTION 17: That the Santa Ana Municipal Code is hereby amended by adding a section, to be numbered 41-247.6, which said section reads as follows: Sec. 41-247.6. Minimum lot area in the R2 district. (a) Lots containing only one dwelling unit shall have an area of at least 6,000 square feet. (b) Lots containing two or more dwelling units shall have an area of at least 6000 square feet plus an additional 3,000 square feet for each dwelling unit on the lot in excess of one. SECTION 18: That the Santa Ana Municipal Code is hereby amended by adding a section, to be numbered 41-247.7, which said section reads as follows: Sec. 41- 247.7. Minimum street frontage in the R2 district. (a) Lots containing only one dwelling unit shall have street frontage of at least 50 feet. (b) Lots containing two or more dwelling units shall have street frontage of at least 75 feet. SECTION 19: That section 41-248 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 41-248. Building height in the R2 district. No primary structure shall exceed 27 feet nor two stories in height, as measured from the lowest adjacent grade of the structure to the top of the structure. SECTION 20: That the Santa Ana Municipal Code is hereby amended by adding a section, to be numbered 41-248.5, which said section reads as follows: Sec. 41-248.5. Lot coverage in the R2 district. No more than 50 percent of the lot shall be covered by structures. SECTION 21: That section 41-249 of the Santa Ana Municipal Code is hereby amended to read as follows: 14 II ~~' 187 ORDINANCE NO. NS-2111 PAGE FIFTEEN Sec. 41-249. Front yards in the R2 district. There shall be a front yard of not less than twenty (20) feet from the street. If there are two (2) single-family detached units on a site, the front yard of the rear unit adjacent to the rear yard of the front unit shall be not less than ten (10) feet. SECTION 22: That section 41-250 of the Santa Ana Municipal Code is amended to read as follows: Sec. 41-250. Side yards in the R2 district. Each side yard shall be not less than five (5) feet for each building. On corner lots the side yard on the street side shall be not less than ten (10) feet for each building. The restrictions on nonconforming buildings set forth in Article VI of this chapter shall not apply to buildings which are nonconforming solely for the reason that they do not have side yards meeting the standard set by this section, provided the side yards of such building are at least three (3) feet wide. SECTION 23: That section 41-251 of the Santa Ana Municipal Code is amended to read as follows: Sec. 41-251. Rear yards in the R2 district. There shall be a rear year of not less than fifteen (15) feet for each dwelling unit. Such rear yard may be reduced to not less than ten (10) feet in width provided that it has at least 1200 square feet of open space area, exclusive of side yard areas. SECTION 24: That section 41-252 of the Santa Ana Municipal Code is amended to read as follows: Sec. 41-252. Attachment of dwelling units in the R2 district. No more than two dwelling units (other than townhouses) shall be attached together. SECTION 25: That section 41-253 of the Santa Ana Municipal Code is amended to read as follows: 15 ,~C_ I 188 ORDINANCE NO, NS-2111 PAGE SIXTEEN Sec. 41-253. Development standards in the R2 district. Lots in the R2 district shall comply with the following standards: (a) Front and street-oriented side yards shall be landscaped with the exception of approved driveways and sidewalks. (b) Side yards shall be completely landscaped. Any walkway, driveway, or hardscape shall be in addition to the required side yard. (c) Driveways shall lead to a garage and not exceed the width of said garage or 50 percent of the lot width at the street, whichever is less. There shall be no parking of vehicles in the front yard except in such driveways. (d) Garages facing the street shall occupy no more than 50 percent of the lot width. (e) Porte cocheres shall be architecturally compatible with the structure and may encroach up to the side property line. A two-car garage must be provided prior to approval of a porte cochere. (f) Accessory structures shall not exceed 35 percent of the required rear yard area. I' , (g) The primary entrance of at least one dwelling unit must face the street to which the unit is oriented. When a unit is oriented to face a driveway, the primary entrance shall face that driveway. (h) Maximum square fdotage of accessory structures shall not exceed 66 percent of the main structure square footage. (i) Existing detached accessory structures, on exterior corner lots only, may be connected to the main structure, provided a minimum five (5) foot setback is maintained from any property line and a minimum of 1,200 square feet of open area is maintained in the rear yard. SECTION 26: That section 41-254 of the Santa Ana Municipal Code is amended to read as follows: Sec. 41-254. Building separation in the R2 district. (a) The building separation between primary structures shall be at least fifteen (15) feet. (b) The building separation between primary and accessory structures shall be at least five (5) feet. 16 II T u._ _...---....__-,..--________...._ ._._.__.,n.__... [ R iSH ORDINANCE NO, NS-2111 PAGE SEVENTEEN SECTION 27: That section 41-255 of the Santa Ana Municipal Code is amended to read as follows: Sec. 41-255. Open space standard for the R2 district. Private open space shall be provided for each unit at a minimum of one hundred (100) square feet in the form of a private patio or deck. The minimum dimensions of such space shall be eight (8) feet in each direction. SECTION 28: That section 41-256 of the Santa Ana Municipal Code is amended to read as follows: Sec. 41-256. Landscape standards for the R-2 district. In the R2 residential requirements: district all yards shall be landscaped. Each unit shall meet the following minimum (a) Front Yard: I) One 24-inch box canopy tree. 2) All trees shall be double-staked. 3) One tree species for up to five dwelling units and an additional tree species for each increment of five units. 4) six 5 gallon size shrubs and 10 one gallon size herbaceous perennials/shrubs as a foundation planting. 5) Turf or acceptable dry climate ground cover: a. Turf shall be drought tolerant variety and planted as sod or hydroseed. b. Ground cover shall be well-rooted cuttings from flats and planted at appropriate' spacing for that particular plant material. (b) Side Yard: Corner lots shall require one 15-gallon size tree for every 30 linear feet of property abutting a street plus six (6) 5-gallon size shrubs as a foundation planting. Root barriers shall be required on all trees planted along the street oriented yards. 17 190 [ r II ORDINANCE NO. NS-2111 PAGE EIqHTEEN (c) Rear Yard: A buffer shall be provided for privacy from adjoining property. A hedge or vines on a fence are satisfactory screens. (d) Project Perimeter Walls: \ I) Flowering vines shall be secured to a decorative masonry wall or wood fence material. 2) The vines shall be five gallon size and be planted at 20 foot intervals. They shall be secured to the walls with eye hooks and wire. 3) Espaliered shrubs, fruit trees, or other ornamental trees may be substituted for the flowering vines. (d) Irrigation System: I) A pop-up sprinkler type irrigation system shall be provided for all yards for each residential unit. , 2) The use of "xeriphytic" or dry climate type plant materials, is encol.!raged. Irrigation systems may require special fittings to properly water dry climate plantings. (e) Screening: I) All meters shall be appropriately screened from public view with trellis work and vines or a hedge type shrub or they shall be incorporated into the residential structure. 2) Any enclosed structure for utilities must not encroach into any required setback. (f) Maintenance: All plant material shall be maintained per section 41- 609 of this chapter. SECTION 29: That the Santa Ana Municipal Code is hereby amended by adding a section, to be numbered 41-258, which said section reads as follows: Sec. 41-258. Purpose. The purpose of this division is to regulate the development of land for mUltiple-family residential purposes in the City of Santa Ana. It is the intent of this division to set forth 18 ORDINANCE NO. NS-2111 PAGE NINETEEN 191 standards for the development of superior quality multiple-family housing development in a setting which is sensitive to the impacts on adjacent properties. It is further the intent of this division to create housing development which will be of such utility and function that it will remain liveable and usable for an extended period of years. It is also the intent of this division to provide functional and nonmonotonous orientation of buildings with a maximum of usable open space around each. SECTION 30: That the Santa Ana Municipal Code is hereby amended by adding a section, to be numbered 41-258.5, which said section reads as follows: Sec. 41-258.5. Scope. This division applies to developments which are used solely for residential purposes and uses incidental thereto and which include one or more multi-family dwellings. It does not apply to buildings which are used partly for dwelling units and partly for commercial or office uses (other than sales or management activities pertaining to dwelling units on the same site). It does apply to single-family and two-family dwellings which are part of a development which includes multiple-family dwellings. One-family dwellings that are not part of a development which includes mUltiple-family dwellings shall be subject to the design and development standards set forth in division 3 of this article. Two-family dwellings that are not part of a development which includes multiple-family dwellings shall be subject to the design and development standards set forth in division 4 of this article. Townhouses are subject to the standards set forth in division 6 of this article instead of those set forth in this division. Non-residential uses shall be subject to the design and development standards set forth in division 12 of this article. SECTION 31: That the Santa Ana Municipal Code is hereby amended by adding a section, to be numbered 41-260, which said section reads as follows: Sec. 41-260. Classification of multiple-family dwelling developments. For purposes of this division, mUltiple-family dwelling developments are classified as follows: Class I--Developments having a density of twenty-two (22) or less dwelling units per acre. 19 192 ORDINANCE NO. NS-2111 PAGE TWENTY Class II--Developments having a density of more than twenty-two (22) dwelling units per acre but not more than thirty-five (35) dwellings units per acre. Class III--Developments having a density of more than thirty-five (35) dwellings units per acre but not more than sixty (60) dwellings units per acre. ~ Class IV--Developments having a density of more than sixty (60) dwelling units per acre. The density of a mUltiple-family dwelling development is determined by multiplying the number of dwelling units in the development by fraction, the numerator of which is forty-three thousand five hundred sixty (43,560) square feet and the denominator of which is the number of square feet in the development site. SECTION 32: That the Santa Ana Municipal Code is hereby amended by adding a section, to be numbered 41-261, which said section reads as follows: Sec. 41-261. Density. The density of a multiple-family dwellings development, as determined pursuant to section 41-260, shall not exceed the density limit, if any, prescribed by the general plan of the city for the area of the city in which the development is located. SECTION 33: That the Santa Ana Municipal Code is hereby amended by adding a section, to be numbered 41-262, which said section reads as follows: Sec. 41-262. site size limitation. (a) The number of dwelling units in a multiple-family dwelling development having less than standard site size, as hereinafter defined, shall not exceed its site size limitation, as hereinafter defined. The definitions hereinafter set forth are for purposes of this section only. (b) "Standard site size" means: (1) For class I developments: Twelve thousand (12,000) square feet. (2) For Class II developments: Twenty-one thousand seven hundred (21,700) square feet. 20 193 ORDINANCE NO. NS-2111 PAGE TWENTY-ONE (3) For Class III developments: Forty-three thousand five hundred (43,500) square feet. (4) For Class IV developments: sixty-five thousand three hundred (65,300) square feet. (c) "Conformance quotient" means the number obtained by dividing the actual size of the development site, expressed in square feet, by its standard site size. (d) "Base density" means: (1) For Class I developments: Fifteen (15) dwellings units per acre. (2) For Class II developments: Twenty-two (22) dwellings units per acre. (3) For Class III developments: Thirty-five (35) dwelling units per acre. (4) For Class IV developments: sixty (60) dwelling units per acre. (e) "Potential additional density" means: (1) For Class I developments: Seven (7) dwelling units per acre. (2) For Class II developments: Thirteen (13) dwelling units per acre. (3) For Class III developments: Twenty-five (25) dwelling units per acre. (4) For Class IV developments: Thirty (30) dwelling units per acre. (f) "Actual additional density" means the number of dwelling units per acre obtained by multiplying a development's potential additional density by its conformance quotient. (g) "Allowable site size density" means the number obtained by adding a development's actual additional density to its base density. (h) "Site size limitation" means the number of dwelling units obtained by multiplying a development's allowable site size density by a fraction the numerator of which is the actual size of the development site, expressed in square feet, and the numerator of which is forty-five thousand five hundred sixty (45,560) square feet. 21 194 ORDINANCE NO. NS-2111 PAGE TWENTY-TWO SECTION 34: That the Santa Ana Municipal Code is hereby amended by adding a section, to be numbered 41-263, which said section reads as follows: Sec. 41-263. Density bonuses. The limitations of sections 41-261 and 41-262 may be exceeded as appropriate to allow a density bonus authorized or required by state law. SECTION 35: That the Santa Ana Municipal Code is hereby amended by adding a section, to be numbered 41-264, which said section reads as follows: Sec. 41-264. Minimum street frontage. The primary street frontage of any mUltiple-family dwelling development shall have an extension equal to or greater than the following: (1) Class I developments: seventy-five (75) feet. (2) Class II developments: One hundred thirty-five (135) feet. (3) Class III Developments: One hundred thirty-five (135) feet. ,..u_ (4) Class IV Developments: Two hundred (200) feet. SECTION 36: That the Santa Ana Municipal Code is hereby amended by adding a section, to be numbered 41-265, which said section reads as follows: Sec. 41-265. Building setbacks generally. (a) As used in sections 41-266 through 41-267, the term "absolute minimum setback" means the minimum required distance between any part of a building and any part of the nearest property line thereto. No part of any multiple-family dwelling shall encroach into any absolute minimum setback. (b) As used in sections 41-266 through 41-267, the term "minimum average setback" means the minimum required average distance between a face of a building and the property line nearest thereto. Private decks and balconies may encroach into a minimum average setback. (c) The front yard building setback requirements in sections 41-266 through 41-267 apply to all buildings within a 22 -~ 1951 ORDINANCE NO. NS-2111 PAGE TWENTY-THREE multiple-family dwelling development, including accessory buildings such as garages, carports and recreational buildings. The rear and side yard building setback requirements in such sections apply only to buildings in which dwelling units are located, provided, however, that if an accessory building is located within a rear or side yard building setback area, the distance between such accessory building and the nearest dwelling unit building shall equal or exceed that building setback requirement. SECTION 37: That the Santa Ana Municipal Code is hereby amended by adding a section, to be numbered 41-266, which said section reads as follows: Sec. 41-266. Building setback requirements for Class I developments. (a) The front yard building setback requirements for Class I developments are as follows: (1) The absolute minimum setback is twenty (20) feet. (2) If a building is more than ten (10) feet high but not more than twenty (20) feet high, its minimum average setback is twenty-five (25) feet. (3) If a building is more than twenty (20) feet high but not more than thirty (30) feet high its minimum average setback is twenty-five (25) feet plus six (6) inches for each foot by which the building's height exceeds twenty (20) feet. (4) If a building is thirty (30) feet high or higher, its minimum average setback is thirty (30) feet. (b) The side yard building setback requirements for Class I developments are as follows: (1) The absolute minimum setback is six (6) feet, except that for any side yard facing on a street the absolute minimum setback for the ground level story shall be ten (10) feet or the average depth of the front yards of residential buildings on such street in the vicinity of the development, whichever is greater. (2) If a building is more that ten (10) feet high but not more that twenty (20) feet high, its minimum average setback is eight (8) feet. (3) If a building is more than twenty (20) feet high but not more than twenty-eight (28) feet high, its minimum average setback is eight (8) feet plus six (6) inches for each foot by which the buildings height exceeds twenty (20) feet. 23 ---~---_._._--~-------_._- 1.96 ORDINANCE NO. NS-2111 PAGE TWENTY-FOUR (4) If a building is twenty-eight (28) feet high or higher, its minimum average setback is twelve (12) feet. (c) The rear yard absolute minimum setback is fifteen (15) feet. SECTION 38: That the Santa Ana Municipal Code is hereby amended by adding a section, to be numbered 41-267, which said section reads as follows: Sec. 41-267. Building setback requirements for Class II developments. (a) The front yard building setback requirements for Class II developments are as follows: I, f 1-" I I I (1) The absolute minimum setback is fifteen (15) feet. (2) If a building is more than ten (10) feet high but not more than twenty (20) feet high, its minimum average setback is twenty (20) feet. (3) If a building is more than twenty (20) feet 'high but not more than forty (40) feet high, its minimum average setback is twenty (20) feet plus six (6) inches for each foot by which the building's height exceeds twenty (20) feet. (4) If a building is forty (40) feet high or higher, its minimum average setback is thirty (30) feet. (b) The rear and side yard setback requirements for Class II developments are the same as those specified in section 41-266 for Class I developments. SECTION 39: That the Santa Ana Municipal Code is hereby amended by adding a section, to be numbered 41-268, which said section reads as follows: Sec. 41-268. Building setback requirements for Class III and Class IV developments. (a) The absolute minimum setbacks for buildings in a Class III or Class IV developments and the minimum average setbacks for all such buildings which are not more than forty-five (45) feet high are the same as those specified in section 41-267 for Class II developments. (b) The front yard minimum average setback for a building more than forty-five (45) feet high in a Class III or Class IV development is as follows: 24 ~ ORDINANCE NO. NS-2111 PAGE TWENTY-FIVE 1.971 (1) If the building is less than sixty (60) feet high, the minimum average setback is thirty (30) feet plus six (6) inches for each foot by which the building's height exceeds fifty (50) feet. (2) If the building is sixty (60) feet high or higher the minimum average setback is thirty-five (35) feet. (c) The side yard minimum average setback for a building more than forty-five (45) feet high in a Class III or Class IV development is as follows: (1) If the building is less than fifty (50) feet high, the minimum average setback is twenty-two and one-half (221/2) feet plus six (6) inches for each foot by which the building's height exceeds forty-five (45) feet. (2) If the building is fifty (50) feet high or higher, the minimum average setback is twenty-five (25) feet. (d) The rear yard minimum average setback for a building more than forty-five (45) feet high in a Class III or Class IV development is as follows: (1) If the building is less than fifty (50) feet high, the minimum average setback is twenty-seven and one-half (271/2) feet plus six (6) inches for each foot by which the building's height exceeds forty-five (45) feet. (2) If the building is fifty (50) feet high or higher the minimum average setback is thirty (30) feet. SECTION 40: That the Santa Ana Municipal Code is hereby amended by adding a section, to be numbered 41-269, which said section reads as follows: Sec. 41-269. Building height. ., I (a) Buildings in Class I, Class II or Class III developments shall not exceed the following height limitations. (1) In Class I developments: Thirty-five (35) feet. (2) In Class II developments: Forty-five (45) feet. (3) In Class III developments: Sixty (60) feet. (b) There is no height limitation on buildings in a Class IV development. 25 r-----...-..-- 198 ORDINANCE NO, NS-2l11 PAGE TWENTY-SIX (c) Mechanical and other appurtenances to buildings may extend above the height limitations imposed by this section, subject to screening standards and height and size limitations adopted pursuant to section 41-272.06. (d) The filing with the city of development plans for any development including one or more buildings more than three (3) stories high shall be accompanied by the filing of a shade and shadow analysis and diagram showing such building's impact on surrounding properties. SECTION 41: That the Santa Ana Municipal Code is hereby amended by adding a section, to be numbered 41-270, which said section reads as follows: Sec. 41-270. Open spaces. (a) Usable open space shall be provided at the rate of two hundred-fifty (250) square feet of area for each residential unit. Such usable space shall be divided between (I) passive common open space and (2) active open space and (3) private open space, as follows: I) Passive Common open Space: a) Passive common open space shall be provided at the rate of at least 100 square feet per residential unit, and there shall be at least one area of passive common open space in each project that is at least 750 square feet in size and has minimum dimensions of 20 feet in each direction. b) Passive common open space shall be undisturbed soil at natural grade and shall be a minimum of forty percent (40%) of the total open space required within the project. c) Passive common open space shall consist of ground level open space which is primarily sod-covered or landscaped and which may provide such amenities as barbecue grills and picnic furniture. 2) Active Open space: a) There shall be at least one area of active open space that is at least 500 square feet in size and has a minimum dimension of at least 20 feet in each direction. b) Active open space shall be a minimum of forty percent (40-) of the total open space required within the project. 26 ORDINANCE NO, NS-2111 PAGE TWENTY-SEVEN 19H c) Active open space shall consist of such amenities as swimming pools, jacuzzis and tennis courts. These facilities may only be used to satisfy the active open space requirement. d) An enclosed room for recreational purposes may be provided to satisfy the active open space requirements, subject to the following standards: (1) A maximum of twenty percent (20%) of the total open space required within the project may be counted for recreational building space. (2) Recreational building space shall consist of such amenities as recreation rooms, exercise facilities and saunas. Recreational building space may be constructed within a structure or at some point other than ground level. (3) Recreational building space must be maintained in perpetuity within the project and shall not be converted to alternative uses other than a different recreational use. 3) Private Open Space: a) Private open space provided within an individual unit shall be no less than ninety (90) square feet and shall have a minimum dimension of six (6) feet in each directions. b) Only interior courtyards and interior balconies may be counted in satisfying this open space requirement. c) Exterior balconies that face a public street, alley or arterial street shall not be considered in satisfying this open space requirement. (b) The requirements of subsection (a) of this section are in addition to the building setback requirements of sections 41-265 through 41-268. That portion of the site which lies between a property line and the minimum building setback distance measured from such property line shall not be included in the determination of open space for purposes of said subsection. (c) For calculation purposes, the yard setback area which is contiguous to the passive common open space may be included in the total requirement of passive common open space for the project. Either the total side yard or the rear yard or the front yard (up to the footage equal to the rear yard) may be involved in those calculations. This area must be easily 27 200 ORDINANCE NO, NS-2111 PAGE TWENTY-EIGHT accessible to all units through public areas. (d) Class III and Class IV developments are subject to the following additional requirements: Not more than sixty percent (60%) of the development site area shall be devoted to main or accessory buildings, covered or open parking areas, driveways and other non-open space uses. The remaining parcel area shall be devoted to passive or active open space, including landscaped activity areas, game courts, swimming pools, putting greens, walkways and passive recreational uses, amenities or other features for the exclusive use of project residents and their guests. SECTION 42: That the Santa Ana Municipal Code is hereby amended by adding a section, to be numbered 41-271, which said section reads as follows: Sec. 41-271. Balconies and decks. (a) Any balcony or deck which is constructed as an appurtenance to a dwelling unit shall be not less than ninety (90) square feet in size and have dimensions of at least 6 feet in each direction, and shall be screened from view from outside the building to up to the minimum height for a guardrail for such balcony or deck as established by the Uniform Building Code. (b) Courtyards and interior balconies may be counted in satisfying the private open space requirement. Exterior balconies that face a public street or arterial street shall not be considered in satisfying the private open space requirement. SECTION 43: That the Santa Ana Municipal Code is hereby amended by adding a section, to be numbered 41-272, which said section reads as follows: Sec. 41-272. storage space. For each dwelling unit there shall be a separate enclosed, lockable storage space area reserved for the occupants of such dwelling unit. Such storage space may be located in the garage space allocated to such unit or elsewhere within the development, but may not be directly accessible from the dwelling unit. Such storage space shall be at least 250 cubic feet in size and shall have minimum dimensions of 4 feet by 8 feet. 28 ~-_.... ORDINANCE NO, NS-2111 PAGE TWENTY-NINE 201 SECTION 44: That the Santa Ana Municipal Code is hereby amended by adding a section, to be numbered 41-272.01, which said section reads as follows: Sec. 41-272.01. Size of dwelling units. (a) The gross floor area of each dwelling unit shall equal or exceed the following standards: (1) Bachelor units: Four hundred fifty (450) square feet. (2) One-bedroom units: Five hundred fifty (550) square feet. (3) Two-bedroom units: Seven hundred fifty (750) square feet. (4) Three-bedroom units: Nine hundred fifty (950) square feet. (b) 'The gross floor area of a dwelling unit shall be calculated exclusive of garages, carports, private balconies and/or private open space. SECTION 45: That the Santa Ana Municipal Code is hereby amended by adding a section, to be numbered 41-272.02, which said section reads as follows: Sec. 41-272.02. Off-street parking. Off-street parking shall be provided in accordance with article XV of this chapter. All such parking spaces, except spaces for visitor parking, must be covered and screened from neighboring properties. SECTION 46: That the Santa Ana Municipal Code is hereby amended by adding a section, to be numbered 41-272.03, which said section reads as follows: Sec. 41-272.03. Landscaping (a) An area equal or greater in depth to the required building setback along every portion of the property line of a mUltiple-family dwelling development that abuts a street shall be completely landscaped, except for vehicular and pedestrian access ways. (b) Prior to the issuance of any building permit for the construction of a multiple-family dwelling development, the developer shall submit to the city and the planning division shall approve a landscape plan that conforms to the 29 1--202 ORDINANCE NO. NS-2111 PAGE THIRTY requirements of this section and to standards for landscaping approved by the city council. (c) Landscaping shall be installed and maintained in accordance with the approved landscaping plan by the owner(s) and manager of the development. (d) Procedures for the approval and amendment of landscaping plans shall be established by the planning division. SECTION 47: That the Santa Ana Municipal Code is hereby amended by adding a section, to be numbered 41-272.04, which said section reads as follows: Sec. 41-272.04. Determination of the number of bedrooms in a dwelling unit. For purposes of determining the minimum dwelling unit size pursuant to section 41-272.01 and the number of required off-street parking spaces required for a development pursuant to Article XV of this chapter, the planning division may determine that any area shown on the floor plan of a dwelling unit shall be deemed a bedroom even though not designated as such on such plan, provided such area exceeds eighty (80) square feet and is reasonably usable as a bedroom or is readily convertible to use as a bedroom by the construction of a single partition wall and/or an additional doorway. SECTION 48: That the Santa Ana Municipal Code is hereby amended by adding a section, to be numbered 41-272.05, which said section reads as follows: Sec. 41-272.05. Restriction on division of developments. No site which has been developed as a multiple-family dwelling development shall thereafter be divided into two (2) or more parcels under separate ownership unless each parcel which would result from such division complies on its own with all the requirements of this division. SECTION 49: That the Santa Ana Municipal Code is hereby amended by adding a section, to be numbered 41-272.06, which said section reads as follows: Sec. 41-272.06. Supplementary regulations and specific development objectives. (a) The regulations planning commission is supplementary to and authorized consistent to adopt with the 30 ORDINANCE NO. NS-2111 PACiE THIRTY-ONE 203 provisions of this division in order to clarify the general application of such provisions. ~ (b) The planning commission is further authorized to set development objectives for individual proposed multiple-family dwelling developments. Such objectives shall be consistent with the provisions of this division and shall be for the purpose of clarifying the' application of such provisions specifically to the proposed development and promoting the purposes of this division. (c) Development project plans approved pursuant to sections 41-668--41-674 for multiple-family dwelling developments shall be consistent with any and all regulations or development objectives established pursuant to this section which are applicable to such development, subject to the appeal process set forth in said sections. SECTION 50: That the Santa Ana Municipal Code is hereby amended by adding a division, to be numbered 6 and consisting of sections to be numbered 41-273 through 41-288, to Article III of Chapter 41, which said division reads as follows: DIVISION 6. TOWNHOUSE STANDARDS Sec. 41-273. Applicability of division. Townhouse developments are specifically subject to the regulations contained in this division. Sec. 41-274. Minimum development site size. The minimum development site size shall be 12,000 square feet of contiguous land, with a minimum street frontage of one hundred (100) feet. Sec. 41-275. Minimum lot area per unit. The minimum lot area shall be 3,000 square feet per unit. Sec. 41-276. Minimum street frontage. The minimum hundred (200) yard setback. street frontage required on a lot shall be two feet, as measured from the back of the front 31 r 204 ORDINANCE NO. NS-2111 PAGE THIRTY-TWO Sec. 41-277. Building height. (a) No primary structure shall exceed twenty seven (27) feet or two stories in height, as measured from the lowest adjacent grade of the structure to the top of the structure. (b) Accessory structures shall not exceed 15 feet or one story in height. Sec. 41-278. Lot coverage. No more than 50 percent of the lot shall be covered by structures. Sec. 41-279. Front yard. Each townhouse shall have a front yard of not less than twenty (20) feet. Sec. 41-280. Side yard. Each side yard of a townhouse shall be not less than ten (10) feet. Side yards which front on a local street shall be a minimum of ten (10) feet. Side yards that front on an arterial street shall be a minimum of fifteen (15) feet. Sec. 41-281. Rear yard. Each townhouse shall have a rear yard of not less than fifteen (15) feet. Sec. 41-282. Off-street parking. Off-street parking shall be provided as follows: I) Each unit shall have two (2) spaces in a garage. 2) Garages shall not face the street. 3) Garage to have access directly into the townhouse or into the private yard area of the townhouse. 4) Two (2) guest spaces shall be provided for each townhou,se. 32 ORDINANCE NO. NS-2111 PAGE THIRTY-THREE 205 Sec. 41-283. open space For a townhouse development, both private and common open space shall be provided within the project. Minimum open space requirements for townhouse developments are as follows: " I) Private open space: a) Shall be a single private open space no less than 250 square feet per unit, with a minimum dimension of 10 feet in each direction. b) Shall be at the ground level. c) Shall be accessible from the unit's kitchen, dining area, den, family and/or living room. 2) Common open space: a) Shall be a single common open space equivalent to no less than 250 square feet per unit, with a minimum of 15 feet in each direction. b) Is in addition to yard areas. Front, side and rear yards may not be counted to satisfy this requirement. Sec. 41-284. Fences. (a) A fence plan for any townhouse development project shall be submitted for approval to the Planning Manager. The fence plan shall include, but is not limited to, the following: I) The plan shall delineate and dimension the location, size and materials of all fences 2) The plan shall provide elevations demonstrating the architectural compatibility of the proposed fences with the proposed project. 3) The plan shall include installation specifications ensuring long term quality of the proposed fencing. (b) Fences shall not be located within the required front yard setbacks or located within ten (10) feet of the side property line on any street-oriented side yard. Sec. 41-285. Building separation. The building separation between primary structures shall be not less than twenty (20) feet. 33 20B ORDINANCE NO. NS-2111 PAGE THIRTY-FOUR Sec. 41-286. Access. (a) Each townhouse shall have a minimum of 40 percent of the living area and be accessible from ground level. (b) A front door must face the street or a common area. (c) No exterior stairwells shall be permitted on units abutting street-oriented yards. Sec. 41-287. storage space. For each townhouse there shall be a separate enclosed, lockable storage space area reserved for the occupants of such townhouse. Such storage space may be located in the garage of the townhouse or elsewhere within the development, but may not be directly accessible from the townhouse. Such storage space shall be at least 250 cubic feet in size and shall have minimum dimensions of 4 feet by 8 feet. Sec. 41-288. Landscaping. All yards shall be landscaped. Each townhouse shall meet the following minimum landscaping standards: (a) Front Yard: 1) One 24-inch box canopy tree. 2) All trees shall be double-staked. 3) six 5-gallon size shrubs and ten one-gallon size herbaceous perennials/shrubs as a foundation planting. 4) Turf or acceptable dry climate ground cover: a) Turf shall be drought tolerant variety and planted as sod or hydroseed. b) Ground cover shall be well-rooted cuttings from flats and planted at appropriate spacing for that particular plant material. 6) Root barriers shall be required on all trees. (b) Side Yard: Corner lots shall have one 15-gallon size tree for every 30 linear feet of property abutting a street plus six (6) 34 I, ...............----------------.-...~..__. ORDINANCE NO. NS-2111 PAGE THIRTY-FIVE 207 five-gallon size shrubs as a foundation planting. Root barriers shall be required on all trees planted along the street-oriented yards. (c) Project Perimeter Walls: ~ 1) Flowering vines shall be secured to a decorative masonry wall or wood fence material. 2) The vines shall be five-gallon size and be planted at 20 foot intervals. They shall be secured to the walls with eye hooks and wire. 3) Espaliered shrubs, fruit trees, or other ornamental trees may be substituted for the flowering vines. (d) Irrigation System: 1) A pop-up sprinkler type irrigation system shall be provided for all yards. 2) The use of "xeriphytic, II or dry climate type plant materials, is encouraged. Irrigation systems may require special fittings to properly water dry climate plantings. (e) Screening 1) All meters shall be appropriately screened from public view with trellis work and vines, a hedge type shrub or be incorporated into the residential structure. 2) Any enclosed structure for utilities must not encroach into the required setback. (f) Maintenance All plant material shall be maintained per section 41-609 of the Santa Ana Municipal Code. SECTION 51: That section 41-603 of the Santa Ana Municipal Code is amended to read as follows: Sec. 41-603. Area--Generally. ~ I I I (a) Any lot shown upon an official subdivision map duly approved by the city council and recorded in the office of the county recorder, or any lot for which a recorded contract of sale was in full force and effect prior to June 3, 1954, and the deed is so recorded in the office of the county recorder, may be used as a legal building site, subject to the conditions, limitations, and restrictions governing the district in which it is located. 35 - 208 ORDINANCE NO. NS-2111 PAGE THIRTY-SIX (b) The following exceptions to yard requirements shall be applied with respect to all buildings, structures, and uses permitted in the Al, RE, Rl, R2, R3, and P districts only: (1) Where a lot fronts on a cul-de-sac, the required front yard may be reduced to not less than t~ (10) feet. (2) Where forty per cent (40 percent) or more of the lots along any block, excluding reverse corner lots and key lots, are developed with buildings, the required front yard for any new building or alteration to an existing building shall be not less than the arithmetical average of the front yards of said buildings existing on forty per cent (40 percent) or more of the lots along said block. In computing said average front yard, main buildings situated entirely on the rear one-half (1/2) of any lot along said block shall not be included. Notwithstanding this subsection, no front yard shall be less than eight (8) feet from a front property line or future right-of-way line, whichever results in the larger minimum front yard. (c) In any commercial district, the front and side yards required for dwellings, apartments, hotels and boardinghouses may be waived when such uses are erected above the ground floor of a building when said ground floor has no required front and side yard. (d) In computing the depth of a rear yard where such yard opens upon an alley, one-half (1/2) of the width of such alley may be considered a portion of the rear yard; when such rear yard opens upon a street, public park, creek or riverfront under public ownership, ten (10) feet of such public space may be considered a portion of the rear yard. SECTION 52: That section 41-605 of the Santa Ana Municipal Code is amended to read as follows: Sec. 41-605. Same--patios and architectural features. (a) Cornices, eaves, chimneys, and similar architectural features may extend into the required yards of the Al, RE, and Rl districts as follows: A distance not to exceed forty-eight (48) inches into any required front, rear, and/or side yard of the street side of a corner lot; and a distance not to exceed eighteen (18) inches into any other required side yard. The aforesaid architectural features may extend intb the required yards of the R2 and R3 districts as follows: A distance not to exceed forty-eight (48) inches into any required front, rear, and/or side yard of the street side of a corner lot; and a distance not to exceed six (6) inches into any other required side yard. 36 I' II 1 . 'f !~f; ;~;,;!)f:" ,~<~" ',r' ./. '" ORDINANCE NO. NS-2111 PAGE THIRTY-SEVEN 20n (b) A wholly or partly enclosed covered patio attached to a residence shall maintain the same yards as required for the main building, except as set forth in subsection (c) of this section. A patio with a roof having open-frame or eggcrate construction shall be considered a covered patio. (c) A landing place may extend into any yard to a distance of six (6) feet across one-half (1/2) of the width or depth of the lot; provided that such landing place shall have its floor no higher than the entrance floor of the building. stairs leading from the ground to said landing place may project beyond said six (6) feet. Further, an open railing no higher than three (3) feet may be placed around said landing place. Nothing herein shall prohibit the extension of an unenclosed, nonroofed, open patio into any and all required side and rear yards. (d) Any cornice, eave, chimney, or similar architectural feature, patio cover or canopy may extend into any other required open space provided for in this chapter, other than required yards, a distance not to exceed two (2) feet; provided, however, nothing herein shall prohibit the full extension of an uncovered patio into said required open space. SECTION 53: That section 41-606 of the Santa Ana Municipal Code is amended to read as follows: Sec. 41-606. Same--Accessory buildings in Al, RE, Rl, R2 and R3 districts. (a) On an interior lot an accessory building may be built to one side lot line and the rear lot line, except if the lot rears and/or sides upon an alley, said accessory building, if a garage, shall maintain a distance of not less than twelve (12) feet from the center line of the alley. (b) On a corner lot an accessory building may be built not less than ten (10) feet to the lot line on the street side of the lot, and an accessory building may be built to the rear and/or inside property line, except if the building is a garage, such building shall maintain a distance of not less than twelve (12) feet from the center line of the alley. (c) On a reversed corner lot an accessory building located in a required rear yard shall not extend beyond the required front yard line of the lot to the rear. (d) When any rear lot line or portion thereof is a side lot line of a key lot, an accessory building shall be not less than five (5) feet from said line. 37 I-~- .. -- I 210 ORDINANCE NO. NS-2111 PAGE THIRTY-EIGHT (el There shall be a minimum twenty (20) foot drive clearance between any property line abutting a street and the entrance of a garage. SECTION 54: That section 41-607 of the Santa Ana Municipal Code is amended to read as follows: Sec. 41-607. Same--Miscellaneous provisions. (al For an attached accessory garage, carport, or other accessory building, including an open breezeway, patio cover or trellis, the same yards shall be maintained as are required for the main building except as provided in section 41-606(e). (b) No provision set forth in this chapter shall permit any violation of any setback established as prescribed in Article VII of this chapter. (c) Where property fronts, sides, or rears onto any primary street, as shown on the adopted master plan of streets and highways, the required front, rear, or side yard for the district in which said property is situated shall be measured from the future right-of-way line adopted for such primary street; provided, however, with respect to the determination of required front yard for a lot zoned Al, RE, Rl, R2 or R3, and fronting on such primary street, where forty (40) per cent or more of the lots along that block, excluding reverse corner lots and key lots, are developed with buildings, then paragraph (2) of subsection (b) of section 41-603 shall apply. (d) The front yard on key lot in any residential district shall be not less than three-fourths (3/4) the required front yard for the district in which located. (e) No part of any yard shall be used for the off-street parking of motor vehicles, trailers, or boats or for storage of personal property, which is: (i) The front yard, or a side yard which faces on a street, on any lot used for a single-family or two-family dwelling; or (ii) within any area adjacent to a street which is required to be used as a yard by the yard requirements imposed by this chapter; or (iii) within twelve (12) feet of the centerline of an alley; provided, however, that driveways providing direct access to a garage accessory to a single-family or two-family dwelling may be used for the parking of operable motor vehicles incidental to such use. Yard areas other than those specified 38 II ORDINANCE NO. NS-2111 PAGE THIRTY-NINE 211 above may be used for the off-street parking of motor vehicles, trailers, or boats and for storage of personal property, provided such use is incidental to the primary use of the lot. (f) Any setback line or required yard, whichever is greater, shall determine the building line. (g) There shall be a distance of not less than fifteen (15) feet between detached dwelling units and main buildings. (h) In the Rl, Rl-4000, R2, R3, and R4 Districts there shall be no display, storage of materials or supplies, no stock in trade or commodity sold upon the premises, no service rendered, no professional equipment, apparatus or business equipment or trucks kept or stored on the premises, no person, employee, or assistant in connection therewith engaged for services on the premises or dispatched from the premises; and no mechanical equipment used except as is customarily used for housekeeping purposes. (i) No wires, ropes, beams, boards or similar connecting material or device, which is attached to any building or structure or to any appurtenance thereon, including television or radio antennas, shall be attached to or connected with the ground or any fixture within any required front yard setback as provided for in this chapter. SECTION 55: That section 34-57 of the Santa Ana Municipal Code is hereby repealed. SECTION 56: That Article XIII of Chapter 41 of the Santa Ana Municipal Code, and sections 41-1200 through 41-1218 within said article, are hereby repealed. SECTION 57: If application for a building permit for development of any particular property has been filed pursuant to Chapter 3 of the Building Code prior to the effective date of this ordinance, such property may be developed in accordance with the regulations set forth in Chapter 41 of the Santa Ana Municipal Code as, they existed immediately prior to their amendment by this ordinance; provided, however, that in the event that such building permit application expires without issuance of a building permit, or, if a building permit is issued, if such building permit expires without the commencement of construction pursuant thereto, then any subsequent development of such property must comply with the regulations set forth in this ordinance. SECTION 58: 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 39 I_~U : 212 I - -~--~--'~------..------------'- ORDINANCE NO. NS-2111 PAGE FORTY 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 anyone or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. SECTION 59: 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 1st April , 1991. day of ATTEST: ~Yt7;. nice C. Guy Clerk of the Council <Qr.\~~ Mayor COUNCILMEMBERS: Young Pulido Acosta Griset McGuigan Norton Richardson ~ ~ ---lia.lL ~ ~ ~ ~ APPROVED AS TO FORM: ~~ Edward J. er City Attorney 40 CERTIFICATE OF ORIGINALITY & PUBLICATION state of California County of orange I, JANICE C. GUY, Clerk of the council, do hereby certify the attached Ordinance NS-2111 to be the original ordinance adopted by the city Council of the city of Santa Ana on 1- I - 1/ ; and that said ordinance was published in accordance with the Charter of the city of Santa Ana. If- y ~ ~/9' Clerk of the Counci Date ' city of Santa Ana