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HomeMy WebLinkAboutNS-2386 - Amending Chapter 41 of the Santa Ana Municipal Code to Require a Conditional Use Permit for Property Zoned With B Suffix District Designation...ORDINANCENO. NS- 2386 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 41 OF THE SANTA ANA MUNICIPAL CODE TO REQUIRE A CONDITIONAL USE PERMIT FOR PROPERTY ZONED WITH THE B SUFFIX ZONE DISTRICT DESIGNATION WHEREAS, in 1952, the B-suffix designation was added to the Santa Ana Municipal Code as a parking modification, to allow parking for motor vehicles on property adjacent to a commercial use; and WHEREAS, minimum development standards were also adopted to mitigate impacts to residential neighborhoods caused by the encroachment of commercial parking areas; and WHEREAS, this Council has determined that the minimum development standards may not be applicable in all cases and in some instances would require more stringent standards to protect the surrounding neighbors; and WHEREAS, this Council finds it is necessary to require a conditional use permit for the parking of motor vehicles on B-suffix property to ensure proper conditions and mitigation measures are applied on a case by case basis to preserve residential neighborhoods from impacts created by commercial parking areas. THE CITY COUNCIL OF THE CITY OF SANTA ANA HEREBY ORDAINS AS FOLLOWS: SECTION 1: That Chapter 41, Section 41-611, of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 41-611. B-Suffix-Parking. (a) Any district or any part thereof regulating the use of land established under Articles II and III of this Chapter may be modified, either at the time the zoning is first established or by amendment, by the district designation "B," adding as a use permitted in that zone, subject to a conditional use permit, the exclusive parking of motor vehicles in connection with any commercial use or for private parking. (b) The following shall not be permitted when property is used for parking pursuant to the "B" suffix: (1) the storage of new or used vehicles for sale or lease, (2) the sale of hydrocarbon substance or any other property; (3) servicing or repair of motor vehicles. SECTION 2: That Chapter 41 of the Santa Ana Municipal Code is hereby amended to add section 41-611.1, to read as follows: Sec. 41-611.1 Development Standards; Conditions (a) The following development standards shall apply to property when used for parking pursuant to the "B" suffix: (1) All parking areas shall appropriately drained and paved meeting specifications of the Executive Director of the Public Works Agency. (2) Vehicle access to and from the parking area shall not be from a street which provides access primarily to nearby residentially zoned property. (3) All site lighting shall be arranged as to not unreasonably interfere with adjacent residences. (4) When the property in question abuts property used or zoned for residential purposes, a six-foot high masonry wall shall be erected between said the property and residential property; however, the masonry wall shall not exceed four (4) feet in height between the front property line and the established building line of adjacent residential property. (5) Landscaping shall be provided for in the manner as described by section 41-618, Article IV of this chapter with the following additional requirements: (i) A minimum ten-foot wide landscape strip shall be planted and maintained where the off-street parking area abuts any public street providing access primarily to nearby residentially zoned property. (ii) Landscaping shall be installed and maintained in off-street parking areas having combined area equal to at least five (5) per cent of the total area used for parking and vehicle access. (iii) When said "B" modified lots would otherwise be contiguous to property zoned RE, R1,R2, R3, R3H, or R4 were it not for their separation by a street, a four-foot high decorative wall shall be constructed to the rear of the required ten-foot boundary landscaping. (b) In additionto the development standards imposed by (a) above, additional conditions may be imposed pursuant to the conditional use permit in the same manner as other conditional uses pursuant to Article V of this Chapter. (c) A fully dimensioned site plan showing all parking spaces, vehicle access and landscaping treatment shall be submitted in duplicate as part of the conditional use permit application. .. , ~, SECTION 3: 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 4: 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. SECTION 5: The requirements of this ordinance for a conditional use permit shall not apply to the property located at 504 South Cypress Street, Santa Ana. ADOPTED this 7'chdayof June ,1999. ATTEST: COUNCILMEMBERS: Pulido Aye Lutz pqr~ Bist A_va Christy Aye Franklin AbsenCe McGuigan Aye moreno Aye APPROVED AS TO FORM: Joseph W. Fletcher, City Attomey '68 Ordinance No. NS-2386 CERTIFICATE OF ORIGINALITY & PUBLICATION State of California County of Orange I, JANICE C. GUY, Clerk of the Council, do hereby certify the attached Ordinance No. ~,'5 - ,2..~ ~d, to be the original ordinance adopted by the City Council of the City of Santa Aha on d.,,./-7//~ ; and that said ordinance was published in accordance with the Charter of thefCity' of Satnta Ana. // / Clerk of the Council ~ City of Santa Ana ~ ../