HomeMy WebLinkAboutNS-2420 - Amending Chapter 41 of the Santa Ana Municipal Code to Establish a New Zoning District Known as the Commercial South Main Zoning District15
ORDINANCE NO. NS-2420
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA AMENDING CHAPTER 41 OF THE SANTA
ANA MUNICIPAL CODE TO ESTABLISH A NEW ZONING
DISTRICT KNOWN AS THE COMMERCIAL SOUTH MAIN
ZONING DISTRICT
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES HEREBY ORDAIN
AS FOLLOWS:
SECTION 1: The City Council has reviewed and considered the information
contained in the initial study and the negative declaration prepared with respect to this
Project, together with all comments and response to comments. The City Council has, as
a result of its consideration, and the evidence presented at the hearings on this matter,
determined that, as required pursuant to the California Environmental Quality Act and the
State CEQA Guidelines, a Negative Declaration adequately addresses the expected
environmental impacts of this Project. On the basis of this review, the City Council finds
that there is no evidence from which it can be fairly argued that the Project will have a
significant adverse effect on the environment. The City Council hereby certifies and
approves the negative declaration for Environmental Review No. 99-168 and directs that
the Notice of Determination be prepared and filed with the County Clerk of the County of
Orange in the manner required by law.
.SECTION 2: That the Santa Ana Municipal Code is hereby amended by adding
sections, to be numbered 41-520 - 41-532, which said sections shall read as follows:
DIVISION 21. C-SM (SOUTH MAIN STREET COMMERCIAL DISTRICT)
Sec. 41-520. Applicability of division,
C-SM (South Main Street Commercial District) district is specifically subject to
the regulations contained in this division.
Sec. 41-521. Uses permitted in the C-SM district.
The following uses are permitted in the C-SM district:
(a)
(b)
(c)
(d)
Retail and service uses.
Professional, administrative, and business offices.
Public parking lots and parking structures.
Animal hospitals and veterinarians.
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(e)
(f)
(g)
(h)
(i)
(J)
(k)
(I)
(I)
Gymnasiums, health clubs, and martial arts studios.
Public utility structures, including electric distribution and transmission
substations.
Restaurants, cafes, coffeehouses, and eating establishments, other than
those provided in section 41-522, excluding the establishment of drive
through service facilities.
Schools and studios operated for commercial or public purposes.
Child care facilities.
Art galleries, museums and exhibit halls.
Plant nurseries.
Theaters.
Furniture stores.
Sec. 41-522. Uses subject to a conditional use permit in the C-SM district.
The following uses may be permitted in the C-SM district subject to the issuance
of a conditional use permit:
(a) Clubs, lodges and fraternal organizations.
(b)
Outdoor and indoor recreational or entertainment uses including night
clubs, other than those set forth in section 41-521.
(c)
Hotels, motels, lodging houses, care homes, fraternity houses and sorority
houses.
(d)
Thrift and resale stores, antique shops and collectable stores, excluding
pawn shops and auction houses.
(e)
Eating establishments open at any time between the hours of 12:00
midnight and 5:00 a.m. and located within 150 feet of residentially zoned
or used property, measured from property line to property line.
(f) Laundromats.
(g) Ancillary outdoor dining facilities located in the front yard area.
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Sec. 41-523. Operational standards.
(a)
All business activities in the C-SM district shall be conducted and located
within an enclosed building, except as otherwise provided in section 41-
195, and except that the following business activities, to the extent
permitted under section 41-365 and section 41-365.5, may be conducted
outside of an enclosed building:
(1) Plant nurseries.
(2) Recreational or entertainment uses.
(b)
No outside storage. Any and all storage of goods and supplies shall be
located inside the building and limited to products sold at retail on the
premises or utilized in the course of business within the building.
(c)
Public utility electric distribution and transmission substations shall be
screened by a fence at least six (6) feet high, except as restricted by
sections 36-45, 36-46, and 36-47 of this Code.
Sec. 41-524. Building height.
No structure shall exceed thirty-five (35) feet in height.
Sec. 41-525. Front yard setback requirement.
There shall be no front yard building setback allowed except for developments
which provide outdoor dining areas subject to the approval of guidelines
established by resolution of the city council.
Sec. 41-526. Side yard and building setback requirements.
There are no side yard requirements, except on corner lots with parking facing
the side street, the side yard shall be not less than five (5) feet. Additionally, no
part of a building above the first fifteen (15) feet in height may be located within
twenty (20) feet of the vertical plane of a side lot line if the lot is contiguous to
residentially zoned or used property on such side.
Sec. 41-527. Rear yard and building setback requirements.
There is no rear yard requirement, except that property abutting residentially
zoned or used property shall have a rear yard landscape buffer of not less than
five feet where parking is provided. Additionally, no part of a building above the
first fifteen (15) feet in height may be located within twenty (20) feet of the
vertical plane of a rear lot line if the lot is contiguous to residentially zoned or
used property on the rear.
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Sec. 41-528. Landscaping requirements.
(a)
When no building is present on the site, a minimum five (5) foot
landscaped area along the front property line shall be required for any
proposed development.
(b)
A landscaped area not less than five (5) feet wide shall be maintained
along any property line to the extent it serves to separate property zoned
or used for residential purposes from any off-street parking area.
(c)
Vehicular parking may not be located within any required landscaped
area.
(d)
Prior to the issuance of any building permit, the developer shall submit to
the city and the planning division shall approve a landscape plan that
conforms to the requirements of this section and to standards for
landscaping approved by the city council.
(e)
Landscaping shall be installed and maintained in accordance with the
approved landscaping plan by the owner(s) and manager of the
development.
(f)
Procedures for the approval and amendment of landscaping plans shall
be established by the planning division.
Sec. 41-529. Lot size and lot frontage requirements.
Each lot, which is used for commercial purposes in the C-SM district, shall have
at least six thousand (6,000) square feet of area and fifty (50) feet of street
frontage.
Sec. 41-530. Off-street parking.
Off-street parking shall be provided in the manner prescribed in Article XV of this
chapter, except that required parking for any C-SM zoned parcel may be granted
by the Zoning Administrator administratively, to be located within (500) feet of the
C-SM use it serves. For Zoning Administrator consideration, an application shall
be submitted in writing to the city planning department upon forms provided by
the department and shall include the following:
(1)
A full statement of the special circumstances and conditions relied
upon as grounds for the request. The statement shall address at a
minimum, how meeting the minimum parking requirements for the
proposed C-SM use on-site as prescribed in Article XV of this
chapter, would result in severe and unreasonable hardship for the
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property owner.
(2)
Documentation indicating sufficient off-street parking exits in the
form of a parking lot or parking structure within (500) feet of the site
which meets the minimum requirements for the proposed C-SM
use as prescribed in Article XV of this chapter.
(3) Documentation indicating that the structure in the C-SM zone, for
which the request is made, is designed, intended and used for
nonresidential purposes.
Sec. 41-531. Wells and fences.
(a)
No walls or fences are permitted in the front yard areas, provided
however, walls or fences may be permitted in approved dining areas and
parking lots subject to the approval of guidelines established by resolution
of the city council.
(b)
A minimum six feet high solid masonry wall shall be provided along any
property line abutting property used, zoned or designated within the City's
General Plan for residential purposes.
(c)
Wrought iron or similar architecturally compatible fencing may be used in
all other applications provided such fencing does not exceed 48 inches
high within 15 feet of the front property line.
Sec. 41-532. Signage-South Main Street District
The following sign regulations and guidelines shall apply in the Commercial
South Main Street District only. The provisions of this Section shall be applied in
conjunction with Chapter 41 Article Xl. On-Premise Signs of this Code, provided
however, in the event of a conflict between the provisions within this Section and the
remainder of the City of Santa Ana Sign Ordinance as outlined in Chapter 41 Article XI.
On-Premise Signs, the provisions of this Section shall prevail.
The number and area of signs as outlined in this Section are intended to be maximum
standards and do not necessarily insure architectural compatibility. As a result, in
addition to the enumerated standards within this Section, consideration shall be given
to a sign's relationship to the overall design of the subject property and its given
surroundings.
A planned sign program, pursuant to Section 41-880 through Section 41-884 of this
chapter, shall be required for all buildings with more than two (2) tenants to ensure
signage compatibility for the building. Planned sign programs must complement the
architecture of the building or commercial complex and are subject to the same
approval process and review as a sign permit.
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(a) Definitions. The terms used in this section shall be construed as defined
herein. Unless specifically defined in this section, all other terms shall have the same
meaning as set forth in Chapter 41 Article Xl of this Code.
(1)
Main sign- the largest single permitted sign on the leasable tenant
space.
(2)
Blade/Arcade sign- a type of projecting sign which is attached to
the building and protrudes over the sidewalk area.
(3) Mimetic si.qn - a symbol or ornament which provides a direct
reference to the product being sold or the type of business activity at a
given location.
(b) Scope.
(1)
This section applies to all signs and advertising displays in The
South Main Street Commercial District.
(2)
This section does not apply to signs and advertising displays of the
following types and descriptions:
(a) Any billboard or other off-premise commercial advertising
sign regulated by Article Xll of this chapter.
(b) Any sign located in the public right-of-way and installed or
maintained by the public works agency of the city or by any other
public entity having the legal authority to maintain the sign.
(c) Any sign located within a building or enclosed area and
designed to be viewed primarily by persons inside of such building
or enclosed area.
(d) Any sign on a vehicle or other mobile unit, unless such
vehicle or mobile unit is parked or stationed near a business activity
advertised or identified by the sign and for the primary purpose of
attracting public attention to such business activity.
(e) Any temporary sign taped or otherwise affixed to a window
in such a manner as to be easily removed, provided that the total
area of such sign in any one (1) window does not exceed twenty-
five (25) per cent of the area of each window.
(f) Non-freestanding incidental sign area not exceeding two (2)
square feet in size per elevation and attached flush to a door, wall
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or window containing information on hours of operation, deliveries,
credit cards accepted, or similar information.
(g) The changing of copy on an approved changeable copy
sign, provided the copy identifies the business or service provided.
(c) Additional Regulations. No sign is permitted that:
(1) Is an A-frame, sandwich board or other portable, temporary
advertising display.
(2) Is temporary or special event flags, banners, festoons, flag
canopies or other displays, except as permitted by a special event sign
permit.
(3) Is a sculptured, molded or otherwise fabricated representational
object used for the purpose of visually conveying business identification or
product advertising, except as approved by a planned sign program.
(4) Is an aerial or balloon type of sign.
(5) Conflicts with standards established by resolution of the city council
pertaining to the colors and materials of signs adopted for the purpose of
promoting signage, which is visually attractive and harmonious with its
surroundings.
(6) Duplicates or repeats copy on the same sign.
(7) Is a graphic of paint or other material on a building for the purpose
of amplifying or directing attention to a sign, unless approved by the
planning director.
(8) Advertises or directs a use not being made on the premises where
such sign is displayed or which identifies a product, activity, interest,
service or entertainment not available on the premises where such sign is
displayed. Any such sign shall be immediately removed at the time the
use, product, activity, interest, service or entertainment is no longer made
or available on the premises.
(d) Main Signs. Each leasable tenant space shall be limited to one (1) Main
Sign from the following signage types. However, all businesses within the same
building or complex of buildings shall use the same sign type.
All Main Signs must comply at a minimum, with the following general design
criteria:
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(1)
All individual letter signs shall be installed to appear flush-mounted
with no exposed raceways containing electrical transformers or
components.
All signs shall be for business identification containing the
recognized trade name of the business only.
No sign shall use mirrors reflecting a direct light source or utilize
flashing, blinking or sequenced lights.
Internally illuminated cabinet wall signs are strictly prohibited.
The top of any main sign shall not be higher than the building on
which it is located and in no event higher than twenty-eight (28)
feet.
Projecting Signs.
(a) Awning Signs
Signs can be applied to awnings according to the following criteria:
(i)
Letters shall be a maximum of fourteen (14) inches
and located on the front face or any valance element
of the awning. The sign area shall not exceed twenty
percent (20%) of the total awning area with a
maximum area equal to (1) square foot per linear foot
of awning width.
(ii)
A logo may be incorporated into the sign, with
additional sign area allowed, provided the total sign
does not exceed thirty percent (30%) of the total
awning area with a maximum of one and one-half (1
1/2) square feet per linear foot of awning width.
(iii)
Letters and Iogos shall be sewn or silk-screened onto
the awnings in an approved contrasting color.
(iv)
Each awning that is separated by a distance of at
least eight (8) inches may contain an identical sign
except that the size of the sign shall be determined by
the width of each separate awning. The combination
of such signs shall be deemed as one (1) sign for
purposes of this section~provided however, the
aggregate dimensions of the combination of signs
shall comply with the criteria set forth in subsection (i)
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above.
(v) No plastic awning signs shall be permitted.
(vi) No internally illuminated awning signs shall be
permitted.
(b) Blade/Arcade Signs.
The following requirements will apply when blade or arcade signs
are used:
(i)
The maximum volume allowed shall be nine (9)
cubic/square feet. The sign shall not exceed three (3)
feet in any one direction. The volume/dimensions
used to determine size shall not include the bracket or
suspension structure.
(ii)
Acceptable materials include painted, polished and
patina metal; painted and stained wood; glass; and
inlaid stone.
The lowest point of any blade/arcade sign must be
eight (8) feet above and pedestrian walkway.
(iv)
The bracket design shall be integrally planned and
detailed and shall be highly ornamental in nature.
Brackets shall be consistent throughout their use on
any particular building.
(v)
One (1) blade/arcade sign may be located at each
customer entrance. Each sign must be identical and
the combination of such signs shall be deemed as
one for the purposes of this section; provided
however, the aggregate dimensions of the
combination of signs shall comply with the criteria set
forth in subsection (i) above.
(vi)
Small scale "mimetic" blade/arcade signs (e.g. barber
shop pole) are encouraged where appropriate
architecturally in addition to (1) blade/arcade sign.
Final design approval is at the discretion of the
planning manager. The combination of such signs
shall be deemed as one for the purposes of this
section.
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(2)
Flush-mounted signs.
(a)
Individual letter wall signs. The following criteria will apply
when individual letters are used:
(i)
Individual letters shall not exceed fourteen (14) inches
in height, with the first letter capitals at a maximum
height of (16) inches.
(ii)
No more than one (1) wall sign shall be permitted for
each primary elevation of a leasable tenant space.
(iii)
Signs using individual letters shall not exceed in
length, two-thirds (2/3) of the overall length of the
storefront.
(iv)
Signs shall not exceed a maximum of one (1) square
foot per linear foot of the building frontage with a
maximum of fifty (50) square feet.
(b)
Permanent signs on glazing. Lettering and Iogos may be
applied directly on glazed areas in accordance with the
following requirements:
(i)
Signs on glazing shall be limited to the first floor of
buildings.
(ii) Letters are to be a maximum of ten (10) inches.
(iii)
The total area of the sign shall be no greater than
forty percent (40%) of the total glazed area upon
which it is applied or fifteen square feet, whichever is
smaller.
(iv)
Acceptable sign techniques are sandblasted or
etched glass, professionally painted lettering,
professionally- or custom fabricated and -applied
vinyl, metal leaf and stained glass.
(iv)
Each glazed area on either side of a customer
entrance may contain an identical sign. The
combination of such signs shall be deemed as one
(1) for the purposes of this section.
(c) Exposed Neon. Exposed neon signs may only be used in
conjunction with food and entertainment uses. Where used,
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the following criteria must be met:
(i)
The use of exposed neon is limited to main signs
only.
(ii)
Neon, fiber optics and other high-intensity signs,
which exhibit glare and high contrast with their
surroundings, are discouraged. Additional lighting
may be required to adjust the ambient light
background of the proposal.
Signs shall not exceed the maximum area of one (1)
square foot per linear foot of building frontage with a
maximum of fifty (50) square feet.
(d) Plaque Signs/Fascia Panel. The following requirements
apply:
(i)
The length of the fascia panel/plaque shall be a
maximum of two-thirds (2/3) of the overall storefront.
(ii)
The height of individual letters shall not exceed
fourteen (14) inches, with the first letter capitals a
maximum of sixteen (16) inches.
(iii)
The plaque/fascia panel design and finish shall be
integrated with the storefront design.
(iv)
Individual letters shall not exceed seven (7) inches in
depth from the face of the surface upon which they
are mounted.
(v)
Acceptable materials include cast stone, wood and
metal panels with individual metal and wood letters,
neon and custom tile.
(vi)
Letters may be no closer than six (6) inches from the
edge of the plaque/fascia panel.
(vii)
The fascia panel shall not exceed a maximum area of
one (1) square foot per lineal foot of the building
frontage with a maximum of fifty (50) square feet.
(e) Freestanding signs. Freestanding signs shall be permitted in the South
Main Street Commercial District as follows:
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(1) Number.
No more than one (1) freestanding sign shall be permitted on an
integrated development site. A minimum of one hundred (100) feet of
street frontage shall be required for a freestanding sign.
(2) Location.
(a) No freestanding sign shall be permitted on any site which
does not have street frontage.
(b) A freestanding sign shall be located only in a landscaped
planter, with such planter not less than four (4) feet in any direction
from the edge of the planter to the sign. The planning manager
may reduce the amount of required landscaping for freestanding
signs on sites with legal nonconforming landscaped setbacks. No
sign shall obstruct or remove any required landscape materials.
(c) No freestanding sign shall be placed closer than twenty-five
(25) feet to a side lot line.
(d) No freestanding sign for a commercial use shall be placed
within fifty (50) feet of land used, zoned, or designated on the
general plan for residential purposes on the same street frontage
as the proposed sign.
(e) No freestanding sign shall be located in the triangular
area(s) measured fifteen (15) feet by fifteen (15) feet where a
driveway enters onto a street, or in any other area which may
obstruct the vision of motorists so as to create a safety hazard.
Additionally, all signs are subject to sections 36-45 to 36-47 of this
Code regarding obstructions to vision at corner intersections.
(3) Height and area.
Freestanding signs shall not exceed five(5)feet in overall height
from curb level unless otherwise stated in this section. The sign
face area shall not exceed twelve (12) square feet.
(4) Design.
(a) All signs shall be architecturally compatible with the
development on which they are located. Materials and features
present in the architecture of the development should be replicated
in the design of the freestanding sign. Both solid base or pole base
designs are allowed provided the design is architecturally
Ordinance No. NSo2420
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compatible with the development. Final design approval is at the
discretion of the planning manager.
(b) The copy area of a freestanding sign shall not exceed forty
(40) per cent of the sign face.
(c) Freestanding signs shall be for the development name only,
not to exceed a total of five (5) items of information.
(d) No sign shall use mirrors reflecting a direct light source or
utilize flashing, blinking or sequenced lights. No sign shall utilize
unshielded incandescent, fluorescent or other lighting, except
neon.
(f) Special event signs or displays.
No person shall install or maintain or allow to be installed or maintained on
property occupied by such person any special event sign or display, except in
accordance with the following requirements.
(1) The special event sign or display shall be installed and maintained
in accordance with a permit issued by the zoning administrator, who may
approve, approve with conditions, or deny such permit.
(2) The special event sign or display shall not be maintained for more
than fourteen (14) successive days, except that grand opening signs shall
be permitted for a period not to exceed thirty (30) days. Further, sign
permits for grand openings shall be permitted for a period not to exceed
thirty (30) days from the date the certificate of occupancy of the business
is issued.
(3) No more than four (4) special event sign permits, including grand
opening signs, shall be issued for each business with a valid certificate of
occupancy during each calendar year.
(4) Such special event sign or display shall include no more than
banners and parking lot light pole flag displays and shall not include flag
canopies, aerial signs or freestanding signs.
(5) The special event banner sign shall not exceed thirty-six (36)
square feet in area and shall not exceed eighteen (18) feet in length.
SECTION 3: That section 41-851 of the Santa Ana Municipal Code, is hereby
amended by adding a subsection, to be numbered 41-851 (e), which said subsection shall
read as follows:
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Sec. 41-851 Scope.
(e) Signs in the commercial south main district shall comply with the provisions
of Article II1. Division 21 of this chapter.
SECTION 4: The requirements of this ordinance shall not apply to the project
located at 1013 South Main Street (DP #97-19) as previously approved by the city
council (CUP 99-15), including signage restrictions, for a pedod of one year from the
effective date of the ordinance.
.SECTION 5: 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 6: 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.
A-OOPTED this ~rd day of April
,2000.
ATTEST:
/~t~ P~ricia E. ~esly
Clerk of the Council
Ordinance No. NS-2420
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COUNCILMEMBERS:
Pulido Aye
Lutz A]n~nt
Bist ~y~
Christy Aye
Franklin Ave
McGuigan
Moreno
APPROVED AS TO FORM:
Joseph W. Fletcher
City Attorney
Cristine L. Shaw
Deputy City Attorney
CERTIFICATE OF ORIGINALITY & PUBLICATION
State of California
County of Orange
City of Santa Ana
I, PATRICIA E. HEALY, Clerk of the Council, do hereby certify the attached Ordinance
No. NS-2420 to be the original ordinance adopted by the City Council of the City of
Santa Ana on April 3, 2000; and that said ordinance was published in accordance with
the Charter of the City of Santa Ana.
Date:
~,.- Clerk~the Council
City of Santa Ana
Ordinance No. NS-2420
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