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HomeMy WebLinkAbout75B - SAMC AMEND SECTION 41 REQUEST FOR COUNCIL ACTION ~ ~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: APRIL 17, 2006 TITLE: PUBLIC HEARING - ZONING ORDINANCE ADMENDMENT NO. 2004 - 0 7 TO AMEND CHAPTER 41 OF THE SANTA ANA MUNICIPAL CODE PERTAINING TO SINGLE FAMILY DEVELOPMENT, VENDING MACHINES, SECOND DWELLING UNITS, DEFINITIONS, LAUNDROMATS AND iWNSOf:[';!i; ~ CITY MANAGER APPROVED o As Recommended o As Amended o Ordinance on 151 Reading o Ordinance on 2nd Reading o Implementing Resolution o Set Public Hearing For CONTINUED TO FILE NUMBER RECOMMENDED ACTION 1. Approve and adopt the Negative Declaration for Environmental Review No. 2004-231. 2. Adopt an ordinance approving zoning ordinance Amendment No. 2004-07. PLANNING COMMISSION ACTION On March 27, 2006, the Planning Commission recommended that the City Council approve and adopt the Negative Declaration for Environmental Review No. 2004-231, and adopt an ordinance approving zoning Ordinance Amendment No. 2004-07 with a vote of 6: 0 (Rodriguez absent) to amend sections of Chapter 41 of the Santa Ana Municipal code pertaining to single family development, vending machines, second dwelling units, definitions, laundromats and townhouse standards. The Planning Commission made no changes to the modifications outlined in the attached staff report (Exhibit A) . FISCAL IMPACT There is no fiscal impact associated with this action. . Trevino E utive Director Planning & Building Agency LL:rb 11\reports\zoa04-07.CC 758-1 REQUEST FOR Planning Commission Action ~. ~ PLANNING COMMISSION SECRETARY PLANNING COMMISSION MEETING DATE: MARCH 27, 2006 TITLE: PUBLIC HEARING - ZONING ORDINANCE ADMENDMENT NO. 2004-07 TO AMEND CHAPTER 41 OF THE SANTA ANA MUNICIPAL CODE PERTAINING TO SINGLE FAMILY DEVELOPMENT, VENDING MACHINES, SECOND DWELLING UNITS, DEFINITIONS, LAUNDROMATS AND TOWNHOUSE STANDARDS Prepared by Lucy Linnaus APPROVED o As Recommended o As Amended o Set Public Hearing For DENIED o Applicant's Request o Staff Recommendation CONTINUED TO :~.'"'w D;roctoc RECOMMENDED ACTION I~{ ~-<:'tf= I Planning Mana r Recommend that the City Council: 1. Approve and adopt the Negative Declaration for Environmental Review No. 2004-231. 2. Adopt an ordinance approving Zoning Ordinance Amendment No. 2004-07. DISCUSSION Background The proposed zoning ordinance amendment (ZOA) is to amend sections of Chapter 41 of the Santa Ana Municipal code to clari fy, modi fy and establish new regulations. Specifically, substantial changes are proposed to the single-family residential development standards that are intended to address concerns about projects that are not characteristic of or beneficial to their neighborhoods. The current code sections that regulate single family dwelling development were adopted in 1986. These sections have basically remained unchanged for the last 20 years, which has resulted in regulations that are not in concert with the current housing trends. As a result, many of the sections are obsolete and in need of updating. The amendments to the definitions, second dwelling units, vending machines and townhouse regulations are primarily clarify and update these regulations. laundromat, intended to EXHIBIT A 758-2 Zoning Ordinance Amendment No. 2004-07 March 27, 2006 Page 2 Analysis of the Issues Single Family Development The City Council, the Planning Commission Commission have all raised concerns about additions and new single-family dwellings Santa Ana neighborhoods. and the are the Historic Resources negative impact recent having on traditional In an effort to address these concerns, staff conducted an informal survey of approved residential additions of three or more bedrooms. These additions averaged 1,350 square feet and resulted in homes with an average size of 2,675 square feet and 6.1 bedrooms (Exhibit 1). Staff found that the large additions and many recent infill developments, which are similar in size, scale, massing and number of bedrooms as the surveyed projects, had the potential to negatively impact the quality of life of the established and new neighborhoods as follows: · The proj ects were incompatible with the established neighborhoods due to their scale and massing. · The projects extended the economic life of nonconforming buildings, instead of encouraging them to recycle. · Their design was conducive to improper occupancy due to the excessive number of master suites and imbalance in the proportion of the private and social areas of the house. · A high number of bedrooms appears to increase the parking demand due to the potential for increase in the number of occupants. In May 2004, the Planning Commission established an Ad Hoc Committee to examine the adequacy of the current residential development standards. The Ad Hoc Committee and staff have studied the issues, surveyed neighboring communities and are recommending modifications to the residential standards to work in concert with the recently completed Citywide Design Guidelines to address the identified concerns (Exhibit 2) To address the concerns regarding the scale and mass of additions and new dwellings, several interrelated regulations and standards are being proposed that, when used in conjunction, would shape the scale and mass 758-3 Zoning Ordinance Amendment No. 2004-07 March 27, 2006 Page 3 of buildings while still allowing for the construction of economically viable, competitively sized and architecturally varied homes. Staff is proposing the following: · Reduce the lot coverage from 50 percent to 35 percent. This would result in a maximum building ground coverage of 2,100 square feet on a 6,000 square foot lot. A lot coverage of 50 percent is necessary on small lots to allow viable homes, but not typical on 6,000 square foot lots. A 50 percent lot coverage inevitably will change the uniqueness of existing neighborhoods in Santa Ana and result in communities where buildings are close to each other, such as is seen on newer communities in South County area where lots are generally smaller. · Change the definition of lot coverage to regulate the size of the building footprint and not the roof proj ection. This would allow patio covers and gazebos, as well as eaves and other similar projections, to be excluded from the lot coverage calculations. For reference, the average lot coverage of the homes surveyed in the study was 32 percent. · Implement design standards to address the size and location of a new second story. This would allow the construction of a variety of architectural styles, which provides the richness in the architectural fabric of the city's established neighborhoods and to reduce the impact of second stories on the existing streetscape, especially when surrounding properties are single story. To address recreation, concerns about the lack of staff is recommending to: usable private open space for · Eliminate the allowable reduction of rear yards when 1,200 square feet of open space is provided. · Clarify that the rear yards are intended to be used for recreation purposes and not for parking or driveways. · Reduce the maximum size of accessory structures from 66 percent to 50 percent of the main structure. Extensive modifications to nonconforming buildings can extend their economic life, while the zoning code encourages their recycling or coming into closer compliance with the current code. To address this concern, staff is proposing modifications to the nonconforming code. While nonconforming dwellings will continue to have the ability to 758-4 Zoning Ordinance Amendment No. 2004-07 March 27, 2006 Page 4 rehabilitate, make structural alterations and even expand, additions of 40 percent or more of the existing building area, any bedroom additions or remodeling involving more than 50 percent of the existing building area will require compliance with the current parking and open space requirement. It was determined that substantial additions and extensive remodels can result in a more intense use of the site and exacerbate existing nonconformi ties. For example, at present, a small dwelling constructed with two bedrooms and one or no garage can add any number of master bedrooms and construct an addition that exceeds the existing size of the dwelling wi thout the requirement of a garage or the need to preserve usable open space. While the impact of a lack of garage for a two or three bedroom, 1,200 square feet dwelling may not be significant as parking and open space may be accomplished on site, the lack of on- site parking and lack of usable open space for a six bedroom, 2,500 square foot dwelling creates a negative impact on neighborhood streets and the cumulative negative impact further erodes the quality of life for residents. As described earlier, dwellings with a large number of bedrooms can create a larger parking demand as an increase in bedrooms generally can be translated to an increase in number of occupants in the house. At present, the number of parking spaces is based on the number of units. Staff proposes to modify the parking code to require parking based on the number of bedrooms. Similar to regulations of surrounding communities, a graduated system is proposed in Table 1: Bedrooms Existing Proposed No. Garage Driveway Garage Driveway Up to 5 2-car 2 2-car 2 6 2-car 2 3-car 2 7 2-car 2 3-car 3 8 2-car 2 4-car 3 9 2-car 2 4-car 4 TABLE 1 In addition to parking concerns, an excessive number of bedrooms raises concerns with adequate open space, noise, and impacts to the park system. In order to ensure that a single family dwelling does not create negative impacts to the community such as excessive vehicle parking, noise, community meetings and frequent gatherings, staff is proposing to require a conditional use permit for dwellings wi th seven or more bedrooms, thus allowing these residences to be monitored. 758-5 Zoning Ordinance Amendment No. 2004-07 March 27, 2006 Page 5 Lastly, the amendment will modify and delete code sections that are obsolete or in conflict with implementation of the new proposed regulations or design guidelines, such as requiring mechanical equipment to be screened, establishing a minimum residential garage size and consolidating the minimum front yard requirements in one section to avoid confusion. Definitions This section will be modified to clarify and create new definitions. Definitions pertaining to lot coverage, one-family dwelling and vending machines will be updated, while others, such as porte cochere will be created to clarify other sections of the code. Second Dwelling Unit A minor modification to Section 41-194 (e) of the second dwelling unit ordinance is proposed, which will clarify that the minimum dimension of the usable open space is 15 feet in either direction. Laundromats This section, which was previously modified in 1995, is proposed to be amended to incorporate an additional development and performance standard. Due to concerns with loitering and public safety, the Police Department is recommending that one full-time, on-site attendant be present during the laundromat's hours of operation. This requirement will address public safety and attractive nuisance concerns resulting from the use. Vending Machines The proposed ordinance amendment is the refinement of the outdoor vending regulations originally adopted in July 2003. The proposal increases the allowable width of freestanding outdoor vending machines from 37 inches to 42 inches to better align with the industry standard. Secondly, the amendment specifically addresses outdoor water vending machines that are proposed within the exterior storefronts of "water stores." By way of the proposed definition and standards for outdoor water vending machines, only one such water vending machine would be permitted in each commercial center. The existing maximum of five 758-6 Zoning Ordinance Amendment No. 2004-07 March 27, 2006 Page 6 outdoor vending machines (freestanding or water wall mounted) per commercial center would remain in place. Exhibit 3 includes Santa Ana's existing water retail facilities with outdoor water vending machines based on California Department of Health Services licenses and site visits conducted July 2004. The existing outdoor water vending machines on this list are proposed to be grandfathered as existing non conforming uses. Townhouse Standards The townhouse standards will be amended to eliminate a conflicting standard regarding the minimum street frontage. Section 41-274 of the SAMC stipulates a minimum lot size of 12,000 square feet with a minimum street frontage of 100 feet, while Section 41-276 cites 200 feet as the minimum street frontage. Based on staff research, it appears the conflict resulted when Section 41-276 was left in error in 1991. The proposed ordinance will protect property values and preserve the quality of life by creating regulations that avoid impacts that may degrade or diminish neighborhoods. The proposed standards, in conjunction with the Citywide Design Guidelines, were presented to the Communication Linkage Forum on April 28, 2005 and were supported by the neighborhood representatives present (Exhibit 4). In concert with the City's goal to maintain and protect safe and attractive neighborhoods, it is recommended that the Planning Commission recommend that the City Council approve Zoning Ordinance Amendment 2004-07 (Exhibit 5). CEQA Compliance In accordance with the California Environmental Quality Act, Negative Declaration, Environmental Review No. 2004-231 has been prepared for this project (Exhibit 6). v~c- II Vincent Fregoso, Senior Planner LL:jm 11\reports\zoa04-07.pc 758-7 Key Statistics of Survey Large Addition to Single Family Dwellings Project Data Area in No. of No. Garage Sauare Feet Bedrooms Snaces Min. Existing 560 1 0 Max Existing 3,024 4 2 Average Existing 1,197 2.6 1.5 Min Proposed 600 2 0 Max Proposed 2,609 5 3 Average Proposed 1,358 3.4 0.5 Minimum Total 1,333 4 0 Maximum Total 7,352 9 3 Average Total 2,679 6.1 1.8 Additional Data Open Space: 94% of the homes provided 1,200 square feet or more of usable, non- front yard, open space Average Final Lot Coverage: 32% Second Story: 50% of the homes added a second story to an existing single story house EXHIBIT 1 758-8 CJJ ~ .. .... '= ~ e o U ell == ;a == = 8 l-< = 1JJ .... o .... ~ .. l-< = 1JJ 00 " ~ :l 1:) :l h 00 ,., ~ o 00 00 " u g 00 " .;: 8 00 N ,., .0 "0 ~ " " o u " .0 8 "0 ~ '" ,., ";;j ~ S c....;:j 20:.0 'OaiB 'ti "5 "(;j 0'" " <Ii 0 <1) 0 E 00 !-< E o.g<B 0 o ._ <1) 0 .aSg.,s 15 afE-15 " .g :.;::::: bO~ ~ " " 'oil:Q0 ~ " ~ [g c ~ .~ ;30""- 00 "" EO. .0 "" ~ b 8 ~ <2 8'<' '" ~ 0." 00 " o E ~ "0 .0 .0 U '" " ";;j " .g :a "0 0.'" ~- 00 " .;: 8 t'-- 00 N N ;,j 15 g. 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WILSHIRE SQ UARE NEIGHBOrHOODA5S0CIATlON September 13, 2005 Planning Commission City of Santa Ana Planning & Building Agency P.O. Box 1988, M-20 Santa Ana, CA 92702 RE: Support for New Guidelines for Residential Additions and Reduction of Lot Usage Percentage Dear Planning Commissioners, The Wilshire Square Neighborhood Association would like to express support for the Planning Manager's proposed citywide design guidelines for second story additions for single family homes to conform to the architectural esthetics of the neighborhood. Wilshire Square Neighborhood Association also endorses the reduction of residential lot coverage to 33%. These guidelines will eliminate the trend toward mans ionization and overbuilding on lots. We request the Planning Commission support these proposals to preserve the character of our neighborhoods. m:.~ Ricki Older Co-Chair Wilshire Square Neighborhood Association 'h.;Ct~IVED Cc: Mr. Jay Trevino, Planning Manager City of Santa Ana SEP 1 5 2005 UHf A AHA PLANNING OEPT EXHIBIT 4 P.o. Box 2441 '9 Santa Ana, Ca 119 92707 w~5B..~,2om Sec. 41-51. Dwelling, one-family. A ono family dwolling is aresidential building containing one or more habitable rooms with only one (1) kitchen, designed for or used to hOUEO not more than one (1) family, including all nocessary employees of ouch family.occupancy by one independent household unit with common access to, and common use of alllivinq, kitchen and bathroom areas. Sec. 41-64103.5. Long-term stay business hotel. A long-term stay business hotel is a hotel/motel which is designed and operated to primarily accommodate business travelers whose guest stays vary in general from one (1) week to a month or more. Any hotel/motel that contains a kitchen in guest rooms shall be considered a long-term stay business hotel. No long-term stay business hotel may be established in the city after July 1, 2001 except as permitted by a SP (Specific Plan) or SD (Specific Development) district and then only as a conditional use. Long-term stay business hotels shall not include transienVresidential hotels. Sec. 41-105. Lot coverage. Lot coverage is the amount of lot area stated in terms of percentage that is covered by all buildings or structures located thereon. This shall be considered to include Sec. 41-131. Outdoor vending machine. Outdoor vending machine shall mean a mechanical device located on the outside of a building that provides a product or service to the public for compensation, including but not limited to water dispensers, drink dispensersefc food dispensers or water vendinq machines. For purposes of this chapter, news boxes, pay phones, automated teller machines and youth amusement rides shall not be deemed to be outdoor vending machines. Section 41.131.5 Outdoor Water Vendllli.L!Y1achlne ~_~ Outdoor wate] vendinG ma9hlne shall mean a mechanic?1 device 10catEJQ wltflin a buildinu exlenor storefront that solely dispenses water for compensation For purposes of this chapter. machines that vend prepackaGed bottled waler shall not be considered outdoor water dispensinG machines. Sec. 41-137.10. Porte cochere. t~~l1~ Porte cochere is a structure over the driveway, and attached to the main residence for the temporary shelterinq and unloadinq of passenqers by the maiRan entrance of the buildinq. Sec. 41-142. Recreational or entertainment uses. Recreational or entertainment uses include any use of property for the purpose of providing recreation or entertainment to the public for compensation, including, but not limited to, carnivals, circuses, amusement parks, golf course, bowling alleys, billiard parlors, pool halls, sports stadiums, dance halls, and game arcades; provided, however, that the use of less than five (5) percent of the floor space of that part of a building which is open to the public for mechanical or electronic games shall not be considered a recreational or service use. The square footaqe for each pool table shall be calculated at 192 square feet to accommodate the area necessary for ale plaYQr~ Sec. 41439161.5. Transient/residential hotel. A transient/residential hotel differs from a hotel/motel in that, while guests at a hotel/motel have another, primary residence, the guests at a transient/residential hotel utilize it as their primary residence (for purposes of this section the term "primary residence" shall have the same definition as under California Health & Safety Code section 50519(b)(1 )). Any hotel/motel that rents, lets or otherwise provides for compensation, twenty-five (25) percent or more of the total number of rooms therein to any person, firm, partnership, corporation, association, or other business entity for occupancy which exceeds twenty-eight (28) consecutive days or twenty-eight (28) days in any 60-day consecutive period shall be deemed to be a transient/residential hotel. No transient/residential hotel may be established in the city after June 7, 1999 unless: (1) It was existing on June 7, 1999; and (2) It is permitted by a SP (Specific Plan) or SD (Specific Development) district and then only as a conditional use. Sec. 41-194. Second dwelling units--Standards. Notwithstanding any other provision of this chapter, a second dwelling unit may be constructed and maintained on a parcel in the R1, R2, RS, R4, CR, A 1, or RE zoning districts, or on a parcel within any Specific Plan or Specific Development zoning district in which residential uses are permitted, on any parcel which is already improved with one (1) single-family dwelling unit and no other second dwelling unit, either as an attached or detached unit, or as a division of space within the existing unit, provided the following ministerially applied standards are met: (a) No second dwelling unit shall be permitted on any parcel which the city has designated as deficient in public open space, as shown on the map entitled "Areas of Open Space Deficiency" on file with the clerk of the council. 7~~1814 (b) The second dwelling unit shall be not less than three hundred (300) square feet; (c) The second dwelling unit shall be not more than seven hundred fifty (750) square feet or thirty (30) percent of the size of the primary dwelling unit on the parcel, whichever is less, provided, however, that the second dwelling unit shall in all cases be permitted to be a minimum of three hundred (300) square feet; (d) The lot coverage for the parcel, as that term is defined in this chapter, shall not exceed the percentage specified in the underlying zoning district. (e) The size and location of the second dwelling unit shall not cause the parcel to be reduced below a total of one thousand two hundred (1,200) square feet of usable, continuous, non-front yard open- space, excluding driveways and parking areas. Any open space with a minimum dimension of fifteen (15) feet by fifteen (15) feel shall be deemed wnliguousconlinuous. (f) The front yard setback shall be not less than twenty (20) feet from the street. The primary and secondary dwelling units shall comply with the provisions of section 41-603 et seq. of this Code relating to setbacks. (g) Each side yard shall be a minimum of five (5) feet for the second dwelling unit. On corner lots, the side yard on the street side shall be a minimum of ten (10) feet. (h) The rear yard shall be a minimum of ten (10) feet. (i) There shall be a minimum of fifteen (15) feet separation between the primary dwelling unit and a detached second dwelling unit and a minimum of five (5) feet between a detached second dwelling unit and an accessory buildinqs1HlGfHre. (j) There shall be provided (1) parking space provided per bedroom of the second dwelling unit with a minimum on one (1) parking space per second dwelling unit. Said parking space(s) shall not be located in the front setback except in a legal driveway, but may be located in the side or rear setbacks. Any driveway on the parcel shall lead to the garage and shall constitute no more than fifty (50) percent of the frontage of the parcel. No additional curb cuts may be installed for the second dwelling unit. (k) The height of a detached second dwelling unit shall not exceed fifteen (15) feet. The height of an attached second dwelling unit shall not exceed the height limit applied to a primary dwelling unit in the underlying zoning district. (I) The color, material and texture of the roof, exterior walls and fenestration of a second dwelling unit shall be architecturally 7&61'815 compatible with the primary dwelling unit. The roof pitch of a second dwelling unit shall match the roof pitch of the primary dwelling unit. (m) An attached second dwelling unit shall have no exterior stairs. (n) No attached second dwelling unit shall have an outside door on the primary elevation of the primary dwelling unit or visible from a street. (0) The second dwelling unit shall not be a trailer coach, recreational vehicle or mobile home, as those terms are defined in state law. (p) If the second dwelling unit is to be constructed on a parcel identified on the federal, state or local list of significant historic resources, the second dwelling unit shall not be placed or constructed so as to result in a modification of the existing historic resource on the parcel, unless alterations to the existing primary dwelling unit conform to the United States Secretary of Interior's official Standards for Treatment of Historic Properties. (q) The owner or owners of the parcel shall file with the planning manager a recorded covenant, in a form approved by the city attorney affirming and consenting that either the primary dwelling unit or the second dwelling unit shall be owner-occupied. (r) The second dwelling unit shall conform to the applicable design standards contained in the urban design element of the city's general plan. (s) No second dwelling unit may be constructed on a parcel which is already nonconforming to the provisions of this chapter or on which the second dwelling unit would create a non-conformity to this chapter. (t) The planning manager shall prepare written procedures for the implementation of this section, which may include standards and forms for plans and drawings. Sec. 41-198.300. Outdoor vending machines. (a) Notwithstanding any other provisions of this chapter, outdoor vending machines may be operated only in the C1, C2, C4, C5, CR, North Harbor Specific Plan (SP-1), and Bristol Street Specific Plan (SP-2) zones provided they are carried on in accordance with the limitations hereinafter set forth and provided a ministerial land use certificate is first obtained in accordance with sections 41-675 through 41-677 of this Code. Outdoor vending machines located in public parks or any other public property shall not be subject to this section. (b) No outdoor vending machine may be installed, maintained, repaired, or operated in the city without first being issued a valid land use certificate. A land use certificate shall be issued by the planning manager only if the following 7&e1816 standards and conditions are met: (1) The outdoor vending machine may not be located such that the outdoor vending machine, or a user of the outdoor vending machine, is mwithin: a. A public right-of-way; b. A required landscape area; c. A driveway; d. An area used by vehicles for circulation; or e. Five (5) feet of any business entrance or exit. (2) All outdoor vending machines must be ancillary to an approved primary use and may not be located on an unimproved lot. (3) A-When an outdoor vendinCj maciline is situated within the primary inqress to and eqress from the lot. a minimum walkway width of six (6) feet is-shall be required in front of the outdoor vending machine, when the outdoor vending machine-is situatod within tho prim:ny ingress to and ogross from tho 101. The building official shall determine whether the ingress to and egress from the lot is primary to the lot. In all other situations, a minimum walkway width of four (4) feet is required in front of the outdoor vending machine. (4) All outdoor vending machines shall only be located on a building elevation that contains a primary entrance. (5) All outdoor vending machines must be positioned against a building wall and not located in front of windows. This subsection shall not apply to _outdoor water vendinq machinos. (6) Outdoor water vendinq machines may be located within the glass or wall storofront provided visibility to the cashier is not obstructed. with no qreater than 25 percent of window area to be covered by siqnaqe and/or an outdoor water vending mCLc;hine (eZ) An outdoor vending machine shall not block exit doors-Br--l:lo loc3ted in Irom of windows. (+Q) Outdoor vending machine sign panels shall be limited to the products sold within the outdoor vending machine. No additional signs or advertising can be attached to or placed on top or side of any outdoor vending machine. (8~) Exterior conduit, piping or wiring must not be visible when standing directly in front of the outdoor vending machine. (9lQ) No visible security cages are permitted on the outside of an outdoor vending machine. (1011) Outdoor vending machines shall not exceed eighty (80) inches in height and thirty-six (36) inches in depth and thirty sovonforty-two inches (&742) in width. (12) Outdoor water vondinq machines shall not exceed thirty five (35) inches in heiqht. one (1) inch in depth, as measured from the exterior ciass or wail storefront, and twenty nine (29) inches in width. (4-1-1_,3) All outdoor vending machines shall be maintained in a clean and attractive condition. (1214) Any graffiti on an outdoor vending machine shall be removed within twenty-four (24) hours. (~lEi) Number of outdoor vending machines. 7&e1817 a. No more than five (5) outdoor vending machines shall be permitted per development site or inteqrated development site; of which only one may be an outdoor water vendinq machine. b_ The number of outdoor vending machines permittable on a development site shall be as follows: Square footage of development site Number of outdoor vending machines 15,000 or less 1 15,001--30,000 2 30,001--45,000 3 45,001--60,000 4 60,001 or greater 5 GfI2l~ For integrated development sites with multiple underlying lots, at least one outdoor vending machine, but not to exceed three (3) outdoor vending machines, may be allowed per lot. Multiple outdoor vending machines shall be aOOweG to the following ratio: Square footage of a lot within an integrated Number of outdoor vending development machines 15,000 or less 1 15,001--30,000 2 30,001 or greater 3 _W0 moro thcH1-fivo (5) outdoor vonding m:1chinos ::;[1:111 bo pormittod por intograted dovektpmBftt-5ite, ( +41.Q) Upon removal or relocation of an outdoor vending machine the building and site area, where the outdoor vending machine was located, shall be repaired to its original condition within thirty (30) days from the date of removal. Sec. 41-199. Laundromats. Laundromats may be permitted in the C1, C2, C3, C4 and C5 districts subject to the issuance of a conditional use permit. Laundromats are not permitted in any . . . other use dlstnct. Laundromats shall comply with the follOWing development and performance standards: (a) Storefront windows must be of full length type. The vertical plane of the glazing should extend from the top of the floor or bulkhead to the top of the finished ceiling height. Bulkheads, if provided, shall be a maximum of one (1) foot in height above the finished floor level. The horizontal plane should extend completely across the storefront except where shear panels are required by the building code. (b) Glazing material must be approved by the planning division and the police department for color and tint. Tint must not exceed ten (10) percent. Reflective glass will not be permitted. 7&e1S18 (c) Interior lighting must be approved by the police department. The minimum level shall be one (1) footcandle as per Santa Ana Municipal Code. (d) All service counters, seating areas, service sinks and coin-operated dispenser machines must not create an obstructed view of the entire interior assembly space. No displays, posters or other obstructive material shall be installed on or near the storefront windows. (e) No public telephones shall be located within the laundromat. (f) No electronic video games, billiard games or other gaming devices shall be allowed within the laundromat. No laundromat use may be initiated within three hundred (300) feet of any individual tenant space having more than five (5) percent of its floor area used for electronic video games or other gaming devices. (g) Public rest rooms shall be locked at all times and available only through the request of the attendant on duty. (h) Service corridors shall be locked during all normal business hours. Storage/access doors shall be one and three-quarter (1 3/4) inches thick and secured with an approved dead bolt and nonremovable hinge pins. (i) Rear exits are prohibited unless required by either the building code or the fire code. When required, rear exit doors shall be kept in a locked closed position and shall have panic hardware. (j) Hours of operation shall be restricted to 7:00 a.m. to 10:00 p.m. (k) A sign prohibiting loitering on the premises in accordance with section 10-96 of this Code shall be kept posted on the premises at all times. (I) The exterior parking area must be illuminated to a minimum of one (1) footcandle for sixty (60) feet horizontally in all directions from the laundromat tenant space. 1m) One uniformed emplovee shall be present durinq the hours of operation. Sec. 41-232. Uses permitted in the R1 district. The following uses are permitted in the R1 district: (a) One (1) one-family dwelling with six (6) or fewer bedrooms. (b) Private greenhouses and horticultural collections for domestic noncommercial use, flower and vegetable gardens, fruit trees and any agricultural crop. (c) One (1) 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 (1) year. (d) Accessory buildings and structures, except as otherwise provided in section 41-232.5. 7 sas19 (e) Child care facilities providing care to not more than fourteen (14) children, provided that if the number of children exceeds eight (8), a land use certificate must be first obtained pursuant to Division 4 of Article V of this chapter. (f) Adult day care facilities providing care to not more than six (6) adults. Sec. 41-232.5. Uses subject to a conditional use permit in the R1 district. The following uses may be permitted in the R1 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 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 fourteen (14) children. (g) Neighborhood and community service centers. (h) Garages for more than four (4) vehicles. (i) Accessory struGtUffi&builcJinqs more than fifteen (15) feet in height or more than one (1) story. (j) Adult day care facilities ancillary to a church or school providing care to more than six (6) adults. (k) One (1) one-family dwellinq with seven (7) or more bedrooms. Sec. 41-234. Front yard. front yard shall t?f. equgIJ9 U18 pr",vallirlg front yard 7q~1820 setback 01 the block as described in Section 41-603(b). but ~not less than twenty (20) feet. Sec. 41-235. Side yards in the R1 district. (a) Each side yard shall be not less than five (5) feet for each building. (b) On corner lots, the side yard on the street side shall be not less than ten (10) feet for each building. (c) 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 satislyinq the setback requirement set forth in subsection (a) and mooting tho st::mdard sot by this 8Oction, provided the side yards of such building are at least three (3) feet wide. Sec. 41-236. Rear yards in the R1 district. There shall be a rear yard setback of not less than twenty (20) feet. This section shall not apply to leqal second_dweliing units Such roar Y3rd may bo roducod to not loss than ton (10) foot in width, providod that it h3S at loast ono thous3nd two hundrod (1,200) squ3ro loot of opon Sp:IOO 3m3, oxclusivo of sido Y3rd ar03S. Sec. 41-238. Lot coverage in the R1 district. No more than fifty (50)thirty-five (35) per-cent of a lot in the R1 district shall be covered by structures. Sec. 41-239. Development standards in the R1 district. Lots in the R1 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 such garage or fifty (50) per cent 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. 7q~1~21 (d) Garages facing the street shall occupy no more than fifty (50) per cent of the lot width. (e) Porte cocheres shall be architecturally compatittle-inteqrated with the structure and may encroach up to the side property line located on a driveway thai leads to the qaraqe. A two-car garage must be provided prior to approval of a porte cochere. (1) A porte cochere shall not exceed twenty-five (25) feet in lenqth. (2) Porte cocheres shall comply with the setbacks established for the buildinq it is attached to. except that the side yard setback may be reduced to three (3) feet. On corner lots the side yard setback on the street side shall be no less than 10 (f) Accessory sffilGWfe&buildings shall not exceed thirty-five (35) per cent of the required rear yard area. (g) An ^ccessory accessory building_shall be not less than five (5) feet from a main building (h) Maximum square footage of accessory sfr4ffilufesbuildinq shall not exceed sixty six (66) fifty (50) per cent of the main structure square footage. Required detached qaraqes may exceed fifty (50) percent of the main structure square footaqe. but shall not exceed 440 square feet for a 2-car qaraqe, 640 square feet for a required 3-car g<:!Iaqe and 840 square feet for a required 4-car qaraqe. (i) Existing dot:1Chod 3.ccossory structuros, on exterior corner lots only, m3Y be connected to the main structuro, pro'lidod 3. minimum fivo foot sotb3ck is m3int3inod from any proporty line and 3. minimum of one thousand two hundrod (1,200) squaro foot of open area is m3intained in tho re3r yard. Sec. 41 276. Minimum stroot frontage. :j:Re-minirnumstFeBl-frontafj,Hoquirod on :llet..sl1alJ bo.tw&hunclrecl(200)leet, as mea&Urocl from tho b3Ck 01 tho frcnt Y:lrG sotb:lck. Sec. 41-603. Area--Generally. (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 7 ~~;~2 used as a legal building site, subject to the conditions, limitations, and restrictions governing the district in which it is located. (b) The following exceptions to yard requirements shall be applied with respect to all buildings, structures, and uses permitted in the A 1, RE, R1, R2, R3, and P districts~~~ -(1 ) VI} here a lolffBAts-ORa-olll-de-sa&;thereqillredfref\l-yar€lmaybe reduced to not loss thcm leA- (10) fooh (2) I,^/horo where forty (40) per cent 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 oxisting on forty (10) por cont or moro of tho lots 310ng 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 oight (8)twentv (20) feet from a front property line or futuro right of '/;'3'1' lino, whichovor rosults in tho 13rgor minimum front Y3rd. (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 tho dopth of 3 ro3r yard whoro such Y3rd opons upon an 3110'1', ono h31f ( 1/2) of tho width of such 3110'1' may bo considorod 3 portion of tho roar yard; whon such roar Y3rd opons upon a street, public park, crook or riverfront under public ownorship, ton (10) foet of such public spaco may bo considorod 3 portion of tho roar Y3rd. Sec. 41-604. Same--Through lots. (a) At each end of a through lot there shall be a front yard of a depth required by this chapter for the district in which the respective street frontage is located; provided, however, that there may be an accessory buildingJn one of such front yards in accordance with subsection (eg) following. (b) Where a through lot has depth of one hundred fifty (150) feet or more, said lot may be assumed to be two (2) lots with the rear line of each approximately equidistant from the front lot lines; provided, however, that each portion shall then be treated as a separate lot insofar as the provisions of this chapter apply, and provided that such lots were recorded and held under separate ownership prior to December 31, 1939. 7 ~e1~3 (c) Where a through lot has depth of less than one hundred fifty (150) feet, an accessory building not exceeding one (1) story or fourteen (14) feet in height may be located in one of the required front yards if such building is at least five (5) feet from any side lot line and a distance of at least ten (10) per cent of the lot depth from the street line abutting the front yard in which such building is to be located; provided, however, that such accessory building shall not project beyond the front yard line established by procedures set forth in this chapter, but such accessory building need not be located more than twenty (20) feet from the street line. Sec. 41-605. Same--Patios and architectural features. (a) Cornices, eaves, chimneys, and similar architectural features may extend into the required yards of the A 1, RE, and R1 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 into 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. (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. A covered patio may encroaciU!J2 to ten (10) teet into the required rear yard 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. Sec. 41-606. Same--Accessory buildings in A1, RE, R1, R2 and R3 districts. (a) On an interior lot an accessory building may be buill 10 ona sido lot 7 &e1~4 fifte-af1Gthe-feaJ'-loWiAeup to fifteen (15) feet in heiqht shall have a side and rear ygrd of not less than three (3) feet. and an accessory buildinq over fifteen (15) feet in heiqht shall have a side yard of not less than five (5) feet and a rear vard 01 not less than ten (10) feet, 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 aCGe&WfY building moy bo built 10 tho roor ar~insido property lmeshall maintain the s?lneJ"_9a1" and side setback requirements based on tfle heiqhl of Ihe accessory buildinq as set forth in subsection (a). excepWI the buifding is agaF~,5ucl+buiidingshaH maintaina-diSlaRceel-f\otlocc than-lwelve+1-2+1eBl-ffemlhe-Benter 1fA.e-G1 the (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. (e) There shall be a minimum twenty-foot drive clearance between any property line abutting a street and the entrance of a garage. Sec. 41-608. Same--Modifications in yard regulations. The following modifications in yard regulations may be undertaken: (a) Since the general yard provisions of this chapter have to be applied to numerous types of conditions and shapes of parcels occasioned by varying street layouts and subdivisions of property, it is not advisable to attempt to define herein those cases which warrant exceptions and modifications to the general yard requirements of this chapter, therefore, authority is hereby given the zoning administrator, as a part of his administrative function, to determine in writing the application of the specific requirements of this chapter in harmony with their purpose and intent so that the spirit of the chapter shall be observed, public peace, health, safety, and welfare secured, and substantial justice done under the following circumstances: (b) Where the application of yard regulations cannot be determined or may be interpreted in more than one way as to cause confusion in the administration of such regulations or general yard provisions with respect to irregularly shaped lots such as those resulting from 7 qJ~h~5 some angular or curved streets, particularly triangular or gme irreqular shaped lots with more than four (4) lot lines, 9J:...reverse corner lots developed in such a manner wllere the front 'lard is unclear such regulations or provisions may be modified or interpreted by the zoning administrator in writing as to an individual lot or to all lots of similar type involving a common problem and the building shall be governed by such interpretation. No fence or accessory building, the location of which is determined in whole or in part by yards, shall be erected or established upon any lot which is so irregularly or oddly shaped as to cause confusion relative to interpretation of such regulations until the yard provisions of this chapter shall have been determined as set forth above. (c) Tho zoning administrator may, as a part of his administrativo function, authorizo a ton (10) por cont roduction in roquirod sido, front, and/or roar yard providod said dotormimtion shall bo in writing and show that tho roduction is in harmony with tho purposo and intont of thie chapter. (d) .---+hozoning.aElministrator may,a&-jMrtof his administrative-ltlflstioR; atlthooi"oa-teffij}Offiry diroctional-sig1+in pormitted {listricts.if said sign eOffifJllos with~la~meffi-staRBards sot out bolow" ~aut-horiisl1OO- ~+ting-with tho following-BOfKlitiefl&-B1 (1) Th3t tho proposod tompor::uy diroclional sign bo not 13rgor tJ:\a1+!en foot by twenty-.fent(10' by 20'); e3id-~sRa+i-be nOrlillurnirlated in aRyresiderltialor professional district i arid flen-f l3e h i ng in 3 ny cOfnmer-GfaH:tri n d u stri aldistRst (2j----+fiat tho sign bo not more than thirty fivo (3&)-feet-in ovor311 hei<:JhtlrGm the gteund-. (3) That the-sigR- not bo 100::1I0d orl-Br-pr-eJoct into any oxicting-Br wture-city right of way or any buildfAg--B~ (1 ).Tflat-tho zoning--a8ministratm-may gr::mt a si~1oHtl1 ex-teHSiDn of timo 3t t~.Bate-eHI1e-initi31 six (6) ffiOfli-h-penod if it Ila8 boon detorminod th31sa+d--ex!eRsiBr:!-ef time-is Recessary.fe.[.tl1e-initiai saleel homesiR thelract Said exlensioA-Bllafl-require a livo doll3r ($5.0Q-)-~Ie-e-, . .--- ---(5) Th a t t-he-appHcanl pO&l-a-Basfl...ijend ill-lOO-anlOOflt determiRed- t:Jy tFiedireclorel builElingsafely alld housiRglo gHafaHlee too. fBmeva+-Bf-each .&ign.attRe.expfr-alien ol.tFie pe.riod-Df Iho condition31 usa parmit, and that tho appliccmt 7q41~h~6 and/or tl1e--~f-tl1e-fJfGj)e+fy-OA-wlcliBl1the sign -is laGate€! entor into anagreomont with tho city ::lUthorizinfr-tho city to oole-r upon tho premisos, de~~-aAG-tIeGlaf8-lhe casfl-ooRdlerleiteEt-sheulli said sign 110t be-ferrIDVBflupon 11cle--expir-alionGf-ll1e cooditional *'80 pormit tWwe-ver,-tho p 13 n n i ng-difeBle-f-rnay-EletermlBe--tG-{jjfCulalB-f}Uf-}lic noliGe-afldl>1old a publiGhearlng WRen-a propo&e€l-temporary direBtlof1ai-&i~-so-Ioc:Jtod :JS to be- of-imporl3RBe-lo-lheadioiAfAg property owfleffi-Gf-be-iAconflict with tho orderly (jovelopmont of the a-re& The- requirement-of-a-plel-plaft,-Bash bond ,afld-legalagreement-slclall-be fulfillod prior to planning-tl9partment :Jpp-ro\'al of ;) building ponni!. Sec. 41-622. Mechanical equipment or appurtenances: Regulations. All mechanical equipment or appurtenances located on the roof or on the exterior of a building Eituatod on r031 property that IE zoned or uEed for commerci31, induEtri31 or multiple family rosidenti31 (throe (3) or more dwelling unitE) UseE, or lec3ted on Euch ro31 property, shall be screened. Every application for a building permit for the development of property l!:lal iE zoned or uEed for commerci31, induEtrial or multiple f3mily reEidenti31 UseE shall be submitted to the planning department and shall be accompanied by detailed architectural drawings and plot plans, all to a workable scale, showing the elevation and location of the proposed screening structures or facilities, existing buildings and proposed addition, and any other pertinent information considered appropriate by the applicant or planning director pursuant to this section. Such plans for the screening shall be submitted to the planning department for approval, conditional approval, or denial. No building permit shall be issued until plans are approved or conditionally approved by the planning department. The decision of the planning department may be appealed to the planning commission and then to the city council. In order to more clearly define the screening requirement, there shall be on file in the office of the planning department illustrations entitled "Guides to Screening of Mechanical Equipment or Appurtenances." Said illustrations shall be approved by resolution by the planning commission and city council. No building permit shall be issued for the erection, construction, enlargement, or structural alteration of any building or structure in the City of Santa Ana which work exceeds fifty (50) percent of the gross floor area of any existing structures on the property unless the applicant conforms with this section 7 ~~h~7 for the entire existing buildings on the legal parcel. All screening of mechanical equipment or appurtenances on a building shall meet with the approval of the building department. In all instances where no screening is required, the applicant shall indicate on his plans that this section does not apply to his proposed structure or building. Sec. 41-681.4. Rehabilitation of single-family and two-family dwellings. (a) Rehabilitation of a nonconforming building use is a single-family dwelling or a two-family dwelling is permitted~ (1) in a residential djstrict or an Specific Development where (2) in a P district where the continuance of the use is not barred by Section 41-683 and the buildinq complies with the minimum vard requirements applicable to buildlnqs located in the R2 district. _iA-the fejlBwf~slaf\Getr. (112) Structural alterations and additions may be made te-~ldiHfJ if it is 10cClted in a rosooHtial district. where the total floor area of all such expansions occurrlnq in a live year period does not exceed forty (40%) percent of the floor space of the buildlnq as it existed at the beqinninq of said time. provided~ (1) Ule rjumber of bedrooms IS nQ1J!}ce~eased; (2) the number of dwelling units is not increased~ and ffial (3) no new nonconformances with the requirements of this chapter are created. (2) SuGl+b~e-CM Clnd P4s!fict&+fla'{{)0 onlargod-ef structurallyafiered-pf0vided the number of dwelling units Is not iRGfOase4-ARY-&HffiblJildlf\\.j& mCl)' bo-repI8Ged-fty-anow buildiR!oj ollho sarno lypo providod4Rat tho number of dwolling units is net iRGreaseEl,-tha1-the-GGrniRlJ8RGO-Bl-th1'HISO is nol-baf!Bd by socttoo 41-68d;arn4 that 1l1e new building G0fRplies with tl1e mif1imum yard (c) (I) the number of dwelllnq units is not increased; (ii) the parkinq is brouqllUnto conformance wittl code 75Br28 square feet of usable. continuous. non-front yard open-space. excluj;JJ!J9..priveways and parkinq areas is provided. Any open space with a minimum dimension of fifteen (15) feet by fifteen (15) feet shall be deemed continuous open space. Sec. 41-1303. Dimension of parking area and access. (a) Open ami garageparkingParkinq stalls shall not be less than eight (8) feet six (6) inches wide and eighteen (18) feet long, except as noted in section 41-1320(c). Where double-striping is required"-artd-the width of stalls shall be measured from lines midway between each pair of stripes. Structural, mechanical, utility or similar appurtenances are only permitted adjacent to required stall areas if the required width of the stall is increased at least six (6) inches and if the appurtenance is not located so as to interfere with safe and free parking movement or car door opening or of visibility. No appurtenance shall be permitted in the area in front of a parked car unless located in its entirety at least four (4) feet above surface level. Parking lot lights and tree wells, however, may encroach no greater than eighteen (18) inches into a front corner of a parking stall. (b) Aisles to and from parking stalls shall not be less than: __(1) Thirteen (13) feet wide for one-way aisles with thirty-degree parking. _____(2) Fifteen (15) feet wide for one-way aisles with forty-five- degree parking. _____(3) Eighteen (18) feet wide for one-way aisles with sixty-degree 758;29 parking. (4) Twenty-three (23) feet wide for ninety-degree parking. (c) Circulation within a parking area must be such that: (1) A car entering the parking area need not enter a street to reach another aisle except on a street with a standard industrial street cross section. (2) A car need not enter a street backwards. This provision shall not apply to off-street parking required in sections 41-1320 and 41- 1321, or prohibit the backing of motor vehicles into a street which has a standard industrial street cross-section regardless of the use on the lot abutting said industrial street. (3) All parking stalls and garages shall be accessible and usable. Sec. 41-1320. Single-family dwellings. (a) The minimum off-street parking requirements for single-family dwellings are as follows: (1) four (4) off-street parkinq spaces for up to five (5) bedrooms: ~ jlv~_ (5) off-street parkinq spaces for up to six (6) bedrooms~ .ill six (6) off-street parkinq spaces for up to seven (7) bedrooms: (4) seven (7) off-street parkinq spaces for up to eiqht (8) bedrooms: (5) eiqht (8) off-street parkinq spaces for nine (9) or more bedrooms. (b) Of the spaces required by subsection (a), twewno less than Q[le- half (1/2) of the off-street parkinq spaces shall be in an enclosed garage. The remaining spaces may be tandem spaces in a driveway. __leI EacllJ2.i3rkinq stall in a one-car qaraqe shall not be iess than 12 feet wide and twenty (20) feet lonq ld) Each parkinq stall in a two-car qaraqe or larqer shall not be less jllan tenllillJeet wide ancjJ'[VQrlli_@1J,"et h:m!lc 7 &61';30 MAYOR Miguel A. Pulido MAYOR PRO TEM Lisa Bist COUNCIL MEMBERS Claudia C. Alvarez Carlos Bustamante Alberta D. Christy Mike Garcia Jose Solorio ~ ~ CITY OF SANTA ANA CITY MANAGER David N. Ream CITY ATTORNEY Joseph W. Fletcher CLERK OF THE COUNCIL Patricia E. Healy 20 CIVIC CENTER PLAZA' P.O. BOX 19BB SANTA ANA, CALIFORNIA 92702 POSTED MAR 0 2 2000 d~ 1011 OAI. Y. ClERK.RECORDER ~EPurv NOTICE OF INTENT TO ADOPT A NEGATIVE DECLARATION This is to inform the general public that the City of Santa Ana proposes to adopt a Negative Declaration for the following project: Project Title: Zoning Ordinance Amendment 2004-7 Project Description: The proposed zoning ordinance amendment would be a consolidated effort to amend various sections of Chapter 41 to correct, clarify, and establish new regulations for single family development, vending machines, second dwelling units, definitions, front yard fences, laundromats, townhouse and specific development standards. In addition, Specific Development No. 40 will be amended. Project Location: Citywide Project Number: ZOA 2004-7, ER 2004-231 Public Review Period: 03-03-2006 to 03-24-2006 Hearing Date: 03-27-2006 Hearing Location: City of Santa Ana Council Chambers 22 Civic Center Plaza Santa Ana, CA 92702 The Negative Declaration and Initial Study as well as all referenced documents will be available for public review at the City of Santa Ana Planning and Building Agency located at 20 Civic Center Plaza, Santa Ana, California. Please submit any comments on the Negative Declaration to the City on or before 03-24-2006. Please direct your comments to: Lucy Linnaus, Assistant Planner II, City of Santa Ana, P.O. Box 1988, M-20, Santa Ana, CA, 92702. If you have any questions or would like any additional information, please contact Lucy Linnaus at (714) 667-2700. RHCB\lnotice\er .- f5~3' 039" --- ClTYOF~ANTA ANA Environmental Checklist For CEQA Compliance PLANNING DIVISION I. Project Title: Zoninq Ordinance Amendment 2004-7 II. Project Numbers: ER 2004-231 III. Lead Agency Name and Address: City of Santa Ana Planning Division P.O. Box 1988 (M-20) Santa Ana, CA 92702 IV. Case Planner and Phone Number: Lucy Linnaus (714) 667-2745 V. Project Location: Citvwide Environmental Determination On the basis of this initial evaluation, I find that: A. ~ The proposed project COULD NOT have a significant effect on the environment and a NEGATIVE DECLARATiON will be prepared. B. D Although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions to the project have been made by or agreed to by the applicant. A MITiGATED NEGATiVE DECLARATION will be prepared. c. D The proposed project MAY have a significant effect on the environment and an ENVIRONMENTAL IMPACT REPORT is required. D. D Although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequateiy in an earlier EIR (EIR No. - ) pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the project, nothing further is required. E. D Pursuant to Section 15164 of the CEQA Guidelines, an EIR (EIR No. -) has been prepared earlier and only minor technical changes or additions are necessary to make the previous EIR adequate and these changes do not raise important new issues about the significant effects on the environment. An ADDENDUM to the EIR shall be prepared. F. D Pursuant to Section 15162 of the CEQA Guidelines, an EIR (EIR No. - ) has been prepared earlier; however, subsequent proposed changes in the project and/or new information of substantial importance will cause one or mor significant effects no previously discussed. A SUBSEQUENT EiR shall be prepared. Februarv 28 2006 Date mcf\msword\envcheck.doc\ 1.15.99 Page 1 of 1 7 5a~32 -----.----- CITyOF~ANTA ANA Environmental Checklist For CEQA Compliance Evaluation of Environmental Impacts: I. A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A "No impact" answer should be explained where it is based on project-specific factors as well as general standards (e.g., the project will not expose sensitive receptors to pollutants, based on a project-specific screening analysis). II. All answers must take account of the whole action invoived, including off-site as well as on-site, cumulative as well as project-level, indirect as well as direct, and construction as well as operational impacts. III. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect is significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. IV. "Potentially Significant Uniess Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less than Significant Impact". The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level. Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Issues & Supporting Information Sources Impact Incorporated Impact Impact I. Aesthetics - Would the project A. Have a substantial adverse effect on a scenic vista? 0 0 0 [8J B. Damage scenic resources, including but not limited 0 0 0 [8J to, trees, rock outpourings and historic buildings within a state highway? C. Substantially degrade the existing visual character or quality of the site and its surroundings? 0 0 0 [8J D. Create a new source of substantiai light or glare which would adversely affect day or nighttime views in the area? 0 0 0 [8J md\msword\envcheck.doc\1.15.99 75Ea233 Page 1 of 11 --.----.- cIITOF~ANTA ANA Environmental Checklist For CEQA Compliance Issues & Supporting Information Sources Potentially Significant impact Potentiaily Significant Unless Miligation Incorporated Less Than Significant Impact No Impact II. Agricultural Resources - In determining whether impacts to agricuitural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model prepared by the California Department of Conservation as an optional model to use in assessing impacts on agricultural farmland. Would the project: A. Convert Prime Farmland, Unique Farmland or Farmiand of Statewide Importance (Farmland) to non-agricultural use? (The Farmland Mapping and Monitoring Program in the California Resources Agency, Department of Conservation, maintain detailed maps of these and other categories of farmland.) D D D D D D D i:8J B. Conflict with existing zoning for agricultural use or a Wiiliamson Contract? D i:8J c. involve other changes in the existing environment which, due to their location or nature, could individuaily or cumulatively resuit in loss of Farmland, to non-agricultural use? D i:8J III. Air Quality - Where availabie, the significance criteria estabiished by the applicable air quality management or pollution controi district may be relied upon to make the fOllowing determinations. Would the project: A. Conflict with or obstruct implementation of applicable Air Quality Attainment Plan or Congestion Management Plan? B. Violate any stationary source air quality standard or contribute to an existing or proposed air quality violation? C. Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard (including reieasing emission which exceeds quantitative thresholds for ozone precursors)? D. Expose sensitive receptors to substantial pollutant concentrations? md\msword\envcheck.doc\ 1.15.99 7SEit'234 D D D D D D D D D i:8J D i:8J D i:8J D i:8J Page 2 of 11 ----- C1TYOF~ANTA ANA Environmental Checklist For CECA Compliance Issues & Supporting Information Sources E. Create objectionable odors affecting a substantial number of people? IV. Biological Resources - Would the project: A. Have a substantial adverse impact, either directly or through habitat modifications, on any species identified as a candidate, sensitive or special status species in local or regional plans, policies or regulations or by the California Department of Fish and Game or U.S. Fish and Wildlife Services? B. Have a substantial adverse impact on any riparian habitat or natural community identified in local or regional plans, policies, and regulations or by the California Department of fish and Game or U.S. Fish and Wildlife Service? C. Adversely impact federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) either individually or in combination with the known or probable impacts of other activities through direct removal, filling hydrological interruption, or other means? D. Conflict with any local policies or ordinances protecting biological resources, such as tree preservation policy or ordinance? V. Cultural Resources - Would the project: A. Cause a substantial adverse change in the significance of a historical resource as defined in Section 15064.5? B. Cause a substantial adverse change in the significance of a unique archaeological resource pursuant to define Section 15064.5? C. Directly or indirectly disturb or destroy a unique paleontogical resource or site? md\msword\envcheck.doc\1.15.99 7SEa235 Potentialiy Significant Impact D D D D D D D D Potentially Significant Uniess Mitigation Incorporated D D D D D D D D Less Than Significant Impact D D D D D D D D No Impact i:8J i:8J i:8J i:8J i:8J i:8J i:8J i:8J Page 3 of 11 -- CITYOF~ANTA ANA Environmental Checklist For CEQA Compliance Issues & Supporting Information Sources D. Disturb any human remains, including those interred outside of formal cemeteries? VI. Geology and Soils - Would the project: A. Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: 1. Rupture of an known earthquake fauit, as delineated on the most recent on the most recent Alquist-Priolo Earthquake Fault Zoning map issued by the State Geologist for the area or based on other substantial evidence of a known fault? 2. Strong seismic ground shaking? 3. Seismic-related ground failure, including liquefaction? 4. Landslides? B. Would the project result in substantial soil erosion or the loss of topsoil? C. Would the project result in the loss of a unique geologic feature? D. Is the project located on strata or soil that is unstable or that wouid become unstable as a result of the project and potentially result in on-or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? E. Where sewers are not available for the disposal of wastewater, is the soil capable of supporting the use of septic tanks or alternative wastewater disposal systems? md\msword\envcheck.doc\1.15.99 7Sa2'36 Potentially Significant Impact o o o o o o o o o o Potentially Significant Unless Mitigation Incorporated o o o o o o o o o o Less Than Significant impact o o o o o o o o o o No Impact [8J o [8J [8J [8J [8J [8J [8J [8J [8J Page4of11 ClTYOF~ANTA ANA Environmental Checklist For CEQA Compliance Issues & Supporting Information Sources VII. Hazardous and Hazardous Materials - Wouid the project: A. Create a significant hazard to the public or the environment through the routine transport, use or disposal of hazardous materials? B. Emit hazardous emissions or handle hazardous or acutely hazardous materials, substance or waste within one-quarter mile of an existing or proposed school? C. Be located on a site which is located on a list of hazardous materials sites compiled pursuant to Government Code Section 659662.5 and, as a result, would it create a significant hazard to the public or the environment? D. For a project located within an airport land use plan or where such a plan has not been adopted, within two miles where of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? VIII. HydrOlogy and Water Quality - Would the project: A. Violate Regional Water Quality Control Board water quality standards or waste discharge requirements? B. Substantially deplete groundwater suppiies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table levei (i.e., the production rate of pre-existing nearby wells would drop to a levei which would not support existing land uses or planned uses for which permits have been granted)? md\msword\envcheck.doc\1.15.99 7q!;t237 Potentially Significant Impact D D D D D D Potentially Significant Unless Mitigation Incorporated D D D D D D Less Than Significant Impact D D D D D D No Impact Il;J Il;J Il;J Il;J Il;J Il;J Page 5 of 11 ---- cITYOF~ANTA ANA Environmental Checklist For CEQA Compliance Issues & Supporting Information Sources C. Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on or off- site? D. Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted run-off? E. Otherwise substantially degrade water quality? F. Place housing within a 1 DO-year fioodplain, as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? G. Place within a 1 DO-year floodplain structures which would impede or redirect flood flows? H. Expose people or structures to a significant risk of loss, injury, or death involving flooding, including flooding as a result of the failure of a levee or dam. I. Result in an increase in pollutant discharges to receiving waters? Consider water quality parameters such as temperature, dissolved oxygen, turbidity and other typical storm water pOllutants (e.g. heavy metals, pathogens, petroleum derivatives, synthetic organics, sediment, nutrients, oxygen-demanding substances, and trash) J. Result in significant alteration of receiving water quality during or fOllowing construction? K. Could the proposed project result in increased erosion downstream? L. Result in increased impervious surfaces and associated increased runoff? md\msword\envcheck.doc\1.15.99 75a~38 Potentially Significant Impact o o o o o o o o o o Potentially Significant Unless Mitigation Incorporated o o o o o o o o o o Less Than Significant Impact o o o o o o o o o o No Impact [8J [8J [8J [8J [8J [8J [8J [8J [8J [8J Page6of11 n_ clTYOF~ANTA ANA Environmental Checklist For CEQA Compliance M. Create a significant adverse environmental impact to drainage patterns due to changes in runoff flow rates or volumes? N. Tributary to an already impaired water body, as listed on the Clean Water Act Section 303(d) list If so, can it result in an increase in any pollutant of which the water body is already impaired? O. Tributary to other environmentally sensitive areas? If so, can it exacerbate already existing sensitive conditions? P. Have a potentially significant environmental impact on surface water quality to either marine, fresh, or wetiand waters? O. Have a potentially significant adverse impact on groundwater quality? R. Cause or contribute to an exceedance of applicable surface or groundwater receiving water quality objectives or degradation of beneficial uses? S. impact aquatic, wetland, or riparian habitat? IX. Land Use and Planning- Would the project A. Physically divide an estabiished community? 0 Conflict with any applicable land use pian, poi icy, 0 or regulation of an agency with jurisdiction over the project (including, but not limited to the generai plan, specific plan, iocal coastai program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? B. C. Confiict with any applicable habitat conservation plan 0 or natural community conservation pian? X. Mineral Resources - Would the project A. Resuit in the loss of availability of a locally- important mineral resource recovery site delineated on a locai general plan, specific plan, or other land use plan? md\msword\envcheck.doc\ 1 . 15.99 75a239 o o o o o o o o o o o o o o o o o o o o o o o o o [gJ o o o o [gJ [gJ [gJ [gJ [gJ [gJ [gJ [gJ o [gJ [gJ Page 7 of 11 CITYOF~ANTA ANA Environmental Checklist For CEQA Compliance Issues & Supporting Information Sources XI. Noise - Would the project result in: A. Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? B. Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels? c. A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? D. A substantial temporary or periodic increase in ambient noise ievels in the project vicinity above ievels existing without project? E. For a project located within an airport land use plan or where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? XII. Population and Housing - Would the project: A. Induce substantial population growth in an area. either directly (for exam pie, by proposing new homes and business) or indirectly (for example, through extension of roads or other infrastructure)? B. Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? c. Displace substantial numbers necessitating the construction of housing elsewhere? of people, replacement md\msword\envcheck.doc\1.15.99 75B4-tlO Potentially Significant Impact o o o o o o o o Potentially Significant Unless Mitigation Incorporated o o o o o o o o Less Than Significant Impact o o o o o o o o No Impact 1:8:1 1:8:1 1:8:1 1:8:1 1:8:1 1:8:1 1:8:1 1:8:1 Page8ofl1 QITOF~ANTA ANA Environmental Checklist For CECA Compliance Issues & Supporting Information Sources XIII. Public Services A. Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service rations, response times or other performance objectives for any of the public service: Fire protection? Police protection? Schools? Parks? Other public facilities? XIV. Recreation A. Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? B. Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? XV. Transportation I Traffic A. Cause an increase in traffic which is substantiai in reiation to the existing traffic load and capacity of the street system (i.e. result in a substantial increase in either the number of vehicle trips, the volume to capacity ration on roads. or congestion at intersections?) md\msword\envcheck.doc\ 1.15.99 75a4~1 Potentially Significant Impact D D D D D D D D D Potentially Significant Unless Mitigation Incorporated D D D D D D D D D Less Than Significant Impact D D D D D D D D D No Impact D ~ ~ ~ ~ ~ ~ ~ ~ Page 9 of 11 --- -- - --- CITYOF~ANTA ANA Environmental Checklist For CEQA Compliance Issues & Supporting Information Sources B. Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? C. Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? D. Substantially increase hazards to a design feature (e.g. sharp curves or dangerous intersections) or incompatible uses (e.g. farm equipment)? E. Result in inadequate emergency access? F. Result in inadequate parking capacity? G. Conflict with adopted policies supporting alternative transportation (e.g. bus turnouts, bicycle racks)? XVI. Utilities and Service Systems A. Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? B. Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? C. Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? D. Are sufficient water supplies available to serve the project from existing entitlements and resources or are new or expanded entitlements needed? E. Result in the determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? md\msword\envcheck.doc\ 1.15.99 75B~2 Potentially Significant Impact D D D D D D D D D D D Potentially Significant Unless Mitigation Incorporated D D D D D D D D D D D Less Than Significant Impact D D D D D D D D D D D No Impact [8] [8] [8] [8] [8] [8] [8] [8] [8] [8] [8] Page 10 of 11 C1TYOF~ANTA ANA Environmental Checklist For CEQA Compliance Issues & Supporting Information Sources F. Is the project served by a iandfill with sufficient permitted capacity to accommodate the project's sold waste disposal needs? G. Comply with federal, state and local statutes and regulations related to solid waste? XVII. Mandatory Findings of Significance A. Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? B. Does the project have impacts that are individually limited but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerabie when viewed in connection with the effects of past projects, effects of other current projects and the effects of probable future projects). C. Does the project have environmental effects which will cause substantial adverse effects on human beings, either directiy or indirectly? md\msword\envcheck.doc\1.15.99 7 ~,jA3 Potentially Significant Impact o o o o o Potentially Significant Unless Mitigation Incorporated o o o o o Less Than Significant Impact o o o o o No Impact ~ ~ ~ ~ ~ Page 11 of 11 MAYOR Miguel A. Pulido MAYOR PRO TEM Usa Bist COUNCIL MEMBERS Cliludia C. Alvarez Carlos Bustamante Alberta D. Christy Mike Garcia Jose Solorio ~ ~/~a.\.1-cation 1s(''' / . .~ ... CITY OF SANTA ANA CITY MANAGER David N. Redm CITY ATTORNEY Joseph W. Fletcher ClERK OF THE COUNCIL Patricia E. Healy 20 CIVIC CENTER PLAZA' P.O. BOX 1988 SANTA ANA, CALIFORNIA 92702 Pursuant to the Procedures of the City of Santa Ana for implementation of the California Environmental Quality Act, the Environmental Evaluator has completed an Initial Study for the project described below: Project Number: ZOA 2004-7, ER 2004-231 Applicant: City of Santa Ana, 20 Civic Center Plaza, Santa Ana, CA Project Location I Address: Citywide Project Title I Description: The proposed zoning ordinance amendment would be a consolidated effort to amend various sections of Chapter 41 to correct, clarify, and establish new regulations for single family development, vending machines, second dwelling units, definitions, front yard fences, Laundromats, townhouse and specific development standards. In addition, Specific Development No. 40 will be amended. And does hereby find: That the proposed project cannot, or will not, have a significant effect on the environment. Negative Declaration status is therefore granted for this project. No mitigation measures are required for the proposed project. Signature: Date: March 1 , 2006 This determination is not final until adopted by the decision-making body or administrative official, and a Notice of Determination is filed. 75S4'A4 C; Nb TITLE Zoning Ordinance Amendment No. 2004-7 PROJECT DESCRIPTION The proposed zoning ordinance amendment would be a consolidated effort to amend various sections of Chapter 41 to correct, clarify, and establish new regulations for single family development, vending machines, second dwelling units, definitions, front yard fences, laundromats, townhouse and specific development standards. In addition, Specific Development No. 40 would be amended. The following is a summary of the proposed amendments. A summary table of the existing ordinance and the proposed ordinance amendments is presented on Appendix A. Single-Family Residential Development The proposed amendment would modify and create new standards to regulate large additions and new single family dwellings (SFD) which are out of scale and incompatible with the neighborhood, and whose massing negatively impacts the streetscape. Specifically, the amendment would create new standards for second stories, reduce the lot coverage, create an open space requirement, modify the rear and side yard setbacks and reduce the size of accessory structures. In addition, the amendment will address the parking impacts and occupancy concerns of large SFDs by modifying the parking code to require parking based on the number of bedrooms and require condi tional use permits for SFDs wi th more than seven bedrooms. Finally, the amendment would delete and modify code sections (including the nonconforming code), which are obsolete or are in conflict with implementation of new proposed standards. Residential Front Yard Fences The residential front yard fence ordinance would be modified to allow the implementation of the Pilot White picket Fence Rebate Program sponsored by the City's Redevelopment Agency. The program intends to encourage the replacement of nonconforming front yard fences with vinyl picket fences within a defined pilot area. Vinyl was chosen as the preferred material due to its durability and ease of maintenance. 75a4~5 Definitions This section of the code would be modified "transient/residential hotel" in alphabetical order the area occupied by a pool/billiard table. to place and clarify Second Dwelling Units The second dwelling unit ordinance would be amended to relocate the section that prohibits second dwelling units on parcels that are deficient in public open space from "Standards" to a new section to be titled "Prohibited Locations" to clarify the section's intent. Laundromats The ordinance regulating Laundromats would be amended to require one full-time, on-site attendant during the laundromat's hours of operation to address public safety and attractive nuisance concerns resulting from the use. Vending Machines The vending machine ordinance would be amended to modify the permitted size of vending machines to accommodate the industry standard sizes. The ordinance would also clarify the definition and create additional development standards to accommodate wall mounted water vending machines. Townhouse Standards The townhouse ordinance would be amended conflicting standard regarding the minimum lot to eliminate frontage. a Specific Development Standards The Specific Development Standards would be amended to facilitate and expedite the review of development proposals of structures listed on the Santa Ana Register of Historical Properties. These properties would be excluded from review by the Planning Commission. Structures listed on the Santa Ana Register of Historical Properties would be reviewed by the Historic Resources Commission in compliance with Chapter 30 of the Santa Ana Municipal Code. 755'446 Specific Development Plan No. 40 Zone District The Specific Development Plan No. 40 (SD-40) would be amended to facili tate and expedite the review of development proposals of structures listed on the Santa Ana Register of Historical Properties. These properties would be excluded from review by the Planning Commission. Structures listed on the Santa Ana Register of Historical Properties would be reviewed by the Historic Resources Commission. RESPONSES TO ENVIRONMENTAL CHECKLIST The following is an analysis of potential environmental impacts associated with the proposed zoning ordinance amendment based upon the City of Santa Ana Environmental Check List. The analysis incorporates by reference information from the Santa Ana General Plan Land Use Element No. EIR 97-1. The proposed zoning ordinance amendment involves comprehensive changes to the single-family residential development standards. The amendments to the residential front yard fences, definitions, second dwelling units, laundromats, vending machines, townhouse standards and specific development standards as well as amendments to the Specific Development No. 40 zone district are mainly intended to correct, clarify and update these sections. No environmental impacts would be associated wi th thi s portion of the proposed zoning ordinance amendment. Therefore, the primary focus of the environmental analysis of the proposed zoning ordinance amendment would be potential impacts associated with the proposed changes to the single- family residential development standards. I. AESTHETICS A. Have a substantial adverse effect on a scenic vista? B. Damage scenic resources, including but not limited to trees, rock outpourings and historic buildings within a State highway? C. Substantially degrade the existing visual character or quality of the site and its surrounding? D. Create a new source of substantial light or glare, which would adversely affect day or nighttime views in the area? No Impact 7 5B4~ 7 Approval of the proposed amendment to the single-family residential standards would not result in adverse aesthetic impacts to any scenic vista or scenic resource, in that the proposed project would not involve any activities that would result in adverse aesthetic impacts. The zoning amendment proposes changes would enhance the aesthetic appearance of single family development within the City. Additionally, through the City's implementation of the development review process, single~family residential land uses developed under the amended standards would be evaluated for potential aesthetic impacts. The amendments to correct, clarify and update residential front yard fences, definitions, second dwellings units, laundromats, vending machines, townhouses, specific development standards and Specific Development No. 40 zone district would not result in any adverse aesthetic impacts. II. AGRICULTURE A. Convert Prime Farmland, Unique Farmland or Farmland of Statewide Importance to non-agriculture use? B. Conflict with existing zoning for agriculture use or a williamson Contract? C. Involve other changes in the existing environment, which, due to their location or nature, could individually or cumulatively result in loss of Farmland, to non-agriculture use? No Impact According to the California Department of Conservation Farmland Mapping and Monitoring Program, the City of Santa Ana contains a limi ted amount of Prime and Unique Farmlands. Presently, there are no areas in the City that are under existing Williamson Contracts. Approval of the proposed amendment to the single-family residential standards would not allow or facilitate development within areas that are considered agricultural resources. The amendments to correct, clarify and update residential front yard fences, definitions, second dwellings units, laundromats, vending machines, townhouses, specific development standards and Specific Development No. 40 zone district would not result in any adverse impacts to agricultural resources. 75B448 III. AIR QUALITY A. Conflict with or obstruct implementation of applicable Air Quality Attainment Plan or congestion Management Plan? The City of Santa Ana is included within the South Coast Air Quali ty Management District and subj ect to the requirements of the Clean Air Act at both the Federal and State level. The South Coast Air Quality Management Plan (AQMP) is the primary planning document to monitor if air quality standards and objectives are being achieved in the South Coast Air Basin. The air quality objectives in the AQMP are based upon population and growth projections provided in a City's General Plan. A project could be in conflict with the AQMP if it results in population and growth impacts beyond those identified in a City's General Plan. The proposed zoning ordinance amendment would not impact the growth projections in the General Plan. Therefore, approval of the proposed zoning ordinance amendment would not be in conflict with the South Coast AQMP. B. violate any stationary source air quality standard or contribute to an existing or proposed air quality violation? C. Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non- attainment under an applicable federal or state ambient air quality standard? D. Expose sensitive receptors to substantial pollutant concentrations? E. Create objectionable odors affecting a substantial number of people? No Impact Approval of the proposed zoning ordinance amendment would not result in any long-term or short-term air quality impacts, or odor impacts in that the proposed ordinance amendment would not involve any activities that would generate short-term or long- term air pollutant emissions or odor emissions. While single- family residential land uses developed under the amended standards could result in air quality and odor impacts, the city's development review process would evaluate the proposed single family residential land uses for potential short and long term air quality and odor impacts. 758-49 The amendments to correct, clarify and update residential front yard fences, definitions, second dwellings units, laundromats, vending machines, townhouses, specific development standards and Specific Development No. 40 zone district would not result in any adverse air quality impacts. III. BIOLOGICAL RESOURCES A. Have a substantial adverse impact, either directly or through habitat modifications, on any species identified as a candidate, sensitive or special status species in local or regional plans, policies or regulations or by the California Department of Fish and game or U. S. Fish and wildlife Services? B. Have a substantial adverse impact on any riparian habitat or natural community identified in local or regional plans, policies, and regulations or by the California Department of Fish and Game or U.S. Fish and wildlife Service? C. Adversely impact federally protected wetlands either individually or in combination with the known or probable impacts of other activities through direct removal, filling hydrological interruption, or other means? D. Conflict with any local policies or ordinances protecting biological resources, such as tree preservation policy or ordinance? No Impact The City of Santa Ana General Plan Land Use Element EIR indicates that Santa Ana is predominantly built-out and that all sizable expanses of undisturbed native vegetation have been eliminated. Approval and implementation of the proposed amendments to the residential standards would not result in impacts to any biological resource, in that the proposed amendment would not allow or facilitate development within biological resources or directly involve any activities that would impact biological resources. The amendments to correct, clarify and update residential front yard fences, definitions, second dwellings units, laundromats, vending machines, townhouses, specific development standards and Specific Development No. 40 zone district would not result in any adverse impacts to biological resources. 7 QJ~hpO IV. CULTURAL RESOURCES A. Cause a substantial adverse change in the significance of a historical resource as defined in Section 15064.5? B. Cause a substantial adverse change in the significance of a unique archaeological resource pursuant to Section 15064.5? C. Directly or indirectly disturb or destroy a unique paleontogical resource or site? D. Disturb any human remains, including those interred outside of formal cemeteries. No Impact According to the City of Santa Ana General plan Land Use Element EIR, Santa Ana is known to contain both historical and archaeological resources. There is also the probability that unknown human remains could exist in the City. Approval of the proposed amendment to the single family residential development would not result in impacts to any known or unknown cultural resources. While single family residential land uses developed under the amended standards could result in impacts to cultural resources, the city's development review process would evaluate potential impacts to cultural resources. The amendments to correct, clarify and update residential front yard fences, definitions, second dwellings units, laundromats, vending machines, townhouses, specific development standards and Specific Development No. 40 zone district would not result in any adverse impacts to cultural resources. V. GEOLOGY/SOILS A-1. Rupture of a known earthquake fault, as delineated on the most recent Alquist-priolo Earthquake Fault zoning Map issued by the State geologist for the area or based on other substantial evidence of a known fault? A-2. Strong seismic ground shaking? A-3. Seismic-related ground failure, inCluding liquefaction? A-4. Landslides No Impact According to the City of Santa Ana General Plan Land Use Element EIR, there are no active earthquake faults, Alquist-Priolo 7SS451 Earthquake Zones or landslides within the City. However, several active faults are located within fifty miles of the Ci ty. In the event a moderate to high earthquake occurs along one of these faults, portions of the City could experience moderate seismic shaking. Additionally, according to the General Plan EIR the potential for liquefaction within the City ranges from very low to very high. Approval of the proposed amendment to the single family residential standards would not increase the potential for seismic impacts, liquefaction or landslide impacts, in that the proposed amendment would not directly involve the construction of any structures. Potential seismic and liquefaction impacts associated with the proposed ordinance amendment would be considered less than significant. While single family residential land uses developed under the amended standards could result in impacts to proposed structures, the city's development review process would evaluate potential seismic, liquefaction and landslide impacts. The amendments to correct, clarify and update residential front yard fences, definitions, second dwellings units, laundromats, vending machines, townhouses, specific development standards and Specific Development No. 40 zone district would not be subj ect to significant seismic impacts. B. Would the project result in substantial soil erosion or the loss of topsoil? No Impact Erosion refers to the removal surfaces by water or wind. intensified with an increase in channels and by the removal of soil exposed. of soil from exposed bedrock The effects of erosion are slope, the narrowing of runoff groundcover, which leaves the Approval of the proposed amendment to the single family residential standards would not result in or increase the potential for soil erosion or sedimentation impacts, in that the proposed amendment would not directly involve any construction activities that would disturb or uncover soils. While single family residential land uses developed under the amended standards could result in erosion impacts, the city's development review process would evaluate potential erosion impacts. 7&~4P2 The amendments to correct, clarify and update residential front yard fences, definitions, second dwellings units, laundromats, vending machines, townhouses, specific development standards and Specific Development No. 40 zone district would not result in significant erosion impacts. C. Would the project result in the loss of a unique geological feature? No Impact According to the City of Santa Ana General Plan Land Use Element EIR, there are no known unique geologic features in the City. Approval of the proposed zoning ordinance amendment would not result in the loss of any unique geologic feature. D. In the project located on strata or soil that is unstable or that would become unstable as a result of the project and potentially result in on-or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? E. Where sewers are not available for the disposal of wastewater is the soil capable of supporting the use of septic tanks or alternative wastewater disposal systems? No Impact According to the City's General Plan, the City of Santa Ana contains a wide range of soil types and associated conditions and constraints. Approval of the proposed amendment to the single family residential standards would not be impacted by any soil constraints, in that the proposed amendment would not directly involve the construction of any structures. While single family residential land uses developed under the amended standards could be subject to soil constraints, the city's development review process would evaluate future single family land uses for potential soil constraints. The amendments to correct, clarify and update residential front yard fences, definitions, second dwellings units, laundromats, vending machines, townhouses, specific development standards and Specific Development No. 40 zone district would not be subject to any soil constraints. 75B'll53 VI. HAZARDS/HAZARDOUS MATERIALS A. Create a significant hazard to the public or the environment through the routine transport, use or disposal of hazardous materials? B. Emit hazardous emissions or handle hazardous or acutely hazardous materials, substance or waste within one-quarter mile of an existing or proposed school? C. Be located on a site which is located on a list of hazardous material sites compiles pursuant to Government Code Section 659662.5 and, as a result, would it create a significant hazard to the public or the environment? No Impact Approval of the proposed amendment to residential standards would not result in safety impacts, in that the proposed zoning does not directly involve any activities handling and storage of hazardous materials. the single family hazardous material ordinance amendment that involve the Construction operations for single family dwellings developed under the amended standards could involve the handling of incidental amounts of hazardous materials. However, construction operations would be subject to local, state and federal regulations concerning the handling and storage of hazardous materials. D. For a project located within an airport land use plan or where such a plan has not been adopted, within two miles where a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? No Impact According to the City of Santa Ana General Plan Land Use Element EIR, Santa Ana is not located within any aircraft accident potential zones. Additionally, there are no private airstrips in the City. Therefore, approval of the proposed zoning ordinance amendment would not increase the potential for safety hazards for people residing in or working within the City. 756454 VII. HYDROLOGY/WATER QUALITY A. Violate Regional Water Quality Control Board water quality standards or waste discharge requirements? E. Place housing within a 100-year floodplain, as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? I. Result in an increase in pollutant discharges to receiving waters? N. Tributary to an already impaired water body, as listed on the Clean Water Act Section 303 (d) list. If so, can it result in an increase in any pollutant of which the body is already impaired? O. Tributary to other environmentally sensitive areas? If so, can it exacerbate already existing sensitive conditions? P. Have a potentially significant environmental impact or surface water quality to either marine, fresh or wetland waters? R. Cause or contribute to an exceedance of applicable surface or groundwater receiving water quality objectives or degradation of beneficial uses? S. Impact aquatic, wetland or riparian habitat? No Impact The City of Santa Ana is included within four watersheds, San Diego Creek, Santa Ana River, Talbert and Westminster. Each of these watershed areas are under the jurisdiction of the Santa Ana Regional Water Quality Control Board and subject to the objectives, water quality standards and Best Management Practice requirements established in the Santa Ana River Basin Plan and Orange County Drainage Area Management Plan. The City of Santa Ana bodies, as defined by However, the City does convey surface water classified as impaired. does not contain any impaired Section 303 of the Clean Water contain several drainage facilities runoff into bodies of water that water Act. that are The primary source of potential adverse water quality impacts within the City is from nuisance flows. Nuisance flows is defined as runoff that occurs during periods that are not usually associated with rainfall, and are most commonly produced from landscaping irrigation, leaking pipes, and water used to wash off surfaces tributary to the street. Since nuisance flows usually originates in the street, they commonly contain many 75Bn55 common pollutants found in streets such as oil and grease and sediment. Additionally, surface water runoff generated from the project site during construction operations can be degraded potentially resulting in adverse water quality impacts to downstream receiving waters. Approval of the proposed amendment to the single family residential standards would not result in or increase the potential for water quality impacts, in that the proposed amendment would not involve any activities that would result in long-term or short-term water quality impacts. However, single family residential land uses developed under the amended standards could result in long-term operation and short-term construction related water quality impacts. Through the City's development review process, single-family residential land uses developed under the amended standards would be evaluated for potential water quality impacts. The amendments to correct, clarify and update residential front yard fences, definitions, second dwellings units, laundromats, vending machines, townhouses, specific development standards and Specific Development No. 40 zone district would not result in any significant water quality impacts. B. Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level. Q. Have a potentially groundwater quality? significant adverse impact on No Impact The City of Santa Ana receives 66% of its water from underground water supplies. The underground water basin in the City ranges from -50 feet to +40 feet, above sea level. Approval of the proposed amendment to the single family residential standards would not result in adverse impacts to underground water supplies, in that the proposed amendment would not involve any activities that would impact the underground water basin. However, single-family residential land uses developed under the amended standards could result in impacts to the underground water basin. Through the City's development review process, single-family residential land uses developed 75~6 under the amended standards would be evaluated for potential ground water impacts. The amendments to correct, clarify and update residential front yard fences, definitions, second dwellings units, laundromats, vending machines, townhouses, specific development standards and Specific Development No. 40 zone district would not result in significant impacts to underground water supplies. C. Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of stream or river, or substantially increase the rate or amount of surface runoff in a manner, which would result in flooding on or off-site? D. Create or contribute runoff water which, would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted run-off? L. Result in increased impervious surfaces and associated runoff? M. Create a significant adverse environmental impact to drainage patterns due to changes in runoff flow rates or volumes. No Impacts The City of Santa Ana has a Master plan of Drainage to guide the construction of drainage facilities in the City. The existing drainage facilities in the City include a series of underground storm drain systems, open storm drain systems, catch basins and natural drainages. A significant drainage impact can occur when existing rates of surface water runoff are increased and existing drainage facilities are unable to accommodate the additional rates of runoff. Existing rates of surface water runoff can increase through the introduction of additional amounts of impervious surfaces, or through changes to existing drainage patterns. Approval of the proposed amendment to the single family residential standards would not alter existing drainage patterns or increase existing rates of surface water runoff, in that the proposed amendment would not involve any activities that would impact existing drainage patterns or increase existing rates of surface water runoff. However, single-family residential land uses developed under the amended standards could result in drainage impacts. Through the City's development review process, single-family land uses developed under the amended standards would be evaluated for potential drainage impacts. 75Bn57 The amendments to correct, clarify and update residential front yard fences, definitions, second dwellings units, laundromats, vending machines, townhouses, specific development standards and Specific Development No. 40 zone district would not result in any significant drainage impacts. F. Place housing within a 100-year floodplain, as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? G. Place within a 100-year floOdplain structures which would impede or redirect flood flows? H. Expose people or structures to a significant risk of loss, injury, or death involving flooding, including flooding as a result of failure of a levee or dam. No Impact Approval of the proposed amendment to the single family residential standards would not increase the risk of 100-year flood impacts, in that the proposed amendment does not involve the construction of any permanent structures within any designated flood zones. However, single-family dwellings developed under the amended standards could be subject to potential flood impacts. Through the City's development review process, single-family dwellings developed under the amended standards would be evaluated for potential flood impacts. The amendments to correct, clarify and update residential front yard fences, definitions, second dwellings units, laundromats, vending machines, townhouses, specific development standards and Specific Development No. 40 zone district would not be subject to flood impacts. J. Result in significant alteration of receiving water quality during or following construction. K. Could the proposed project result in increased erosion downstream? No Impact Approval of the proposed amendment to the single family residential standards would not result in or increase the potential for soil erosion or sedimentation impacts, in that the 75a~58 proposed zoning ordinance amendment would not involve any construction activities that would disturb or uncover soils. Through the City's development reVlew process, single-family land uses developed under the amended standards would be evaluated for potential water quality erosion impacts. The amendments to correct, clarify and update residential front yard fences, definitions, second dwellings units, laundromats, vending machines, townhouses, specific development standards and Specific Development No. 40 zone district would not result in significant water quality erosion impacts. O. Tributary to other environmentally sensitive areas? If so, can it exacerbate already existing sensitive conditions? P. Have a surface waters? potentially significant water quality to either environmental impact or marine, fresh or wetland S. Impact aquatic, wetland or riparian habitat? No Impact According to the City's General Plan Land Use Element EIR, there are no sensitive marine waters, fresh waters or wetlands in the City. However, the City does contain several local drainage systems that convey drainage flows to sensitive marine resources. Pollutants conveyed through these drainage systems could adversely impact sensitive marine resources. Approval of the proposed amendment to the single family residential standards would not result in or increase the potential for water quality impacts, in that the proposed ordinance amendment would not involve any activities that would result in long-term or short-term water quality impacts. However, single-family residential land uses developed under the amended standards could result in long-term operation and short- term construction related water quality impacts. Through the City's development review process, single-family land uses developed under the amended standards would be evaluated for potential water quality impacts. The amendments to correct, clarify and update residential front yard fences, definitions, second dwellings units, laundromats, vending machines, townhouses, specific development standards and Specific Development No. 40 zone district would not result in significant water quality impacts. 75a~59 VIII. LAND USE A. Physically divide an established community? No Impact Approval of the proposed amendment to the single family residential standards would not physically divide any established communi ties or neighborhoods in Santa Ana, in that the proposed amendment includes development standards to enhance the quality of single family land uses. The amendments to correct, clarify and update residential front yard fences, definitions, second dwellings units, laundromats, vending machines, townhouses, specific development standards and Specific Development No. 40 zone district would not result in significant land use impacts. B. Conflict with regulation of adopted for environmental any applicable land use plan, policy, or an agency with jurisdiction over the project the purpose of avoiding or mitigating an effect? Less Than Significant Impact The proposed zoning ordinance amendment would be a consolidated effort to amend various sections of Chapter 41 of the City's Municipal Code to correct, clarify, and/or establish new regulations. Approval of the proposed zoning ordinance amendment would not be in conflict wi th the City's General Plan or any other relevant planning programs. C. Conflict with any applicable habitat conservation plan or natural community plan? No Impact Presently, there are no habitat conservation plans or natural community conservation plans established within the City of Santa Ana. Therefore, approval of the proposed zoning ordinance amendment would not be in conflict with any habitat conservation or natural community conservation plan. 76a~60 IX. MINERAL RESOURCES A. Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? No Impact The City's General plan identifies that there are no areas in Santa Ana that contains Significant Mineral Aggregate Resource Areas. Therefore, approval of the proposed zoning ordinance amendment would not result in adverse impacts to any significant mineral resource. X. NOISE A. Exposure of persons to or generation of noise levels in excess of standards established in local general plan or noise ordinance, or applicable standards of other agencies. B. Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels? C. A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project. D. A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without project. No Impact Approval of the proposed amendment to the single family residential standards would not result in long-term or short- term noise impacts, in that the proposed ordinance would not involve any activities that would increase ambient noise levels. However, single-family residential land uses developed under the amended standards could resul t in noise impacts. Through the City's development review process, single-family land uses developed under the amended standards would be evaluated for potential noise impacts. The amendments to correct, clarify and update residential front yard fences, definitions, second dwellings units, laundromats, vending machines, townhouses, specific development standards and Specific Development No. 40 zone district would not result in or be subject to significant noise impacts. 75e4261 E. For a project located within an airport land use plan or where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? No Impact Portions of the City of Santa Ana are included in the Orange County Airport Environs Land Use Plan for John Wayne Airport. According to the Orange County Airport Environs Land Use Plan some portions of Santa Ana could be impacted by aircraft noise. Approval of the proposed amendment would not expose people residing in or working in Santa Ana to excessive aircraft noise impacts. However, future single-family dwellings developed under the amended standards could be subject to aircraft noise impacts. Through the City's development review process, single- family land uses developed under the amended standards would be evaluated for potential aircraft noise impacts. The amendments to correct, clarify and update residential front yard fences, definitions, second dwellings units, laundromats, vending machines, townhouses, specific development standards and Specific Development No. 40 zone district would not be subject to significant aircraft noise impacts. XI. POPULATION/HOUSING A. Induce substantial population growth in an area, either directly or indirectly through extension of roads or other infrastructure. B. Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere. C. Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? No Impact The proposed amendment to the single family residential standards would not increase growth the City or displace substantial numbers of existing housing or population, in that the proposed amendment would not involve any activities that generate additional population or displaces homes and/or 75e4'262 popula tion. No associated with adverse population the proposed zoning or housing impacts would be ordinance amendment. The amendments to correct, clarify and update residential front yard fences, definitions, second dwellings units, laundromats, vending machines, townhouses, specific development standards and Specific Development No. 40 zone district would not result in significant housing and population impacts. XII. PUBLIC SERVICES (Fire, Police, Schools, Parks, Other Facilities) No Impact Approval of the proposed amendment to the single family residential standards would not increase the demand for additional public services over current levels of service being provided in the City, in that the proposed amendment would not directly increase the demand for public services. However, single- family residential land uses developed under the amended standards could increase the demand for additional public services. Through the City's development review process, single- family residential land uses developed under the amended standards would be evaluated for potential public service impacts. The amendments to correct, clarify and update residential front yard fences, definitions, second dwellings units, laundromats, vending machines, townhouses, specific development standards and Specific Development No. 40 zone district would not result in significant public service impacts. XIII. RECREATION A. Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? B. Does the project include recreational facilities or require the construction or expansion of recreational facilities, which might have an adverse physical effect on the environment. No Impact 7 SJ34'p3 Approval of the proposed amendment to the single residential standards would not increase the use recreational facilities or result in the significant additional recreational facilities, in that the amendment would not involve any activities that would the demand for recreational facilities. family of any need for proposed increase The amendments to correct, clarify and update residential front yard fences, definitions, second dwellings units, laundromats, vending machines, townhouses, specific development standards and Specific Development No. 40 zone district would not result in significant recreation impacts. XIV. TRANSPORTATION/TRAFFIC A. Cause an increase in traffic, which is substantial in relation to the existing traffic load and capacity of the street system? B. Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? D. Substantially increase hazards to a design feature E. Result in inadequate emergency access F. Result in inadequate parking capacity No Impact Approval of the proposed amendment to the single family residential standards would not result in any traffic impacts, in that the proposed would not involve any activities that would generate vehicle trips, increase the demand for parking, create emergency access constraints or create design hazards to vehicles or pedestrians. However, single-family residential land uses developed under the amended standards could result in traffic and circulation impacts. Through the City's development review process, single-family land uses developed under the amended standards would be evaluated for potential traffic and circulation impacts. The amendments to correct, clarify and update residential front yard fences, definitions, second dwellings units, laundromats, vending machines, townhouses, specific development standards and Specific Development No. 40 zone district would not result in significant traffic and circulation impacts. 7 5B~S4 C. Result in a change in either an increase in location that results in Conflict with adopted transportation air traffic patterns, including traffic levels or a change in substantial safety risks? policies supporting alternative G. No Impact Approval of the proposed zoning ordinance amendment would not have any impact on air traffic patterns or any adopted policies supporting alternative modes of transportation. XV. UTILITIES/SERVICE SYSTEMS A. Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? B. Require or wastewater facilities, significant result in the construction of new water or treatment facilities or expansion of existing the construction of which could cause environmental effects? C. Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant effects. D. Are sufficient water supplies available to serve the project from existing entitlements and resources or are new or expanded entitlements needed? E. Result in the determination by the wastewater treatment provider, which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the providers existing commitments. F. Is the project served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? G. Comply with federal, state and regulations related to solid waste? local statutes and No Impact Approval of the proposed amendment to the single residential standards would not increase the demand for service systems, in that the proposed project does not family utility involve 75~S5 any activities that would significantly increase the long-term demand for utility service systems. However, single-family residential land uses developed under the amended standards could result in increased demands for utility service systems. Through the City's development review process, single-family land uses developed under the amended standards would be evaluated for potential impacts to utility service systems. The amendments to correct, clarify and update residential front yard fences, definitions, second dwellings units, laundromats, vending machines, townhouses, specific development standards and Specific Development No. 40 zone district would not result in significant traffic and circulation impacts. XVI. MANDATORY FINDINGS OF SIGNIFICANCE (A) No Impact The proposed amendment would not have a direct impact on any plant or wildlife species or historical property in Santa Ana, in that the proposed zoning ordinance amendment would not directly involve any activities that would impact plant, wildlife or historical properties. Through the City's development review process, single-family residential land uses developed under the amended ordinance would be evaluated for impacts to plant, wildlife and historical properties. (5) No Impact Approval of the proposed zoning ordinance amendment would not result in any significant cumulative impacts, in that the proposed zoning ordinance does not involves any activities that would result cumulative impacts to the environment. Through the City's development review process, single-family residential land uses developed under the amended ordinance would be evaluated for impacts to plant, wildlife and historical properties. (C) No Impact Approval of the proposed zoning ordinance amendment would not cause any substantial adverse effects on human beings, in that the proposed zoning ordinance amendment would not involve any activities that would adversely impact human beings. Through the City's development review process, single-family residential land uses developed under the amended ordinance would be 7 SBr,i6 evaluated for properties. impacts to plant, wildlife and historical XVIII. DETERMINATION Based upon the evidence in light of the whole record documented in the above evaluation and cited references, I find that the proposed project would not have a significant impact on the environment and a Negative Declaration has been prepared. XVIV. REFERENCES City of Santa Ana General Plan, 1997 City of Santa Ana, General Plan EIR, 1997 California Environmental Quality Act Guidelines XX. PRE PARERS Dan Bott, Environmental Coordinator, City of Santa Ana Revised by Lucy Linnaus, Assistant Planner II, City of Santa Ana 75:8,.67 - c G) E "0 C CIl G)'E E.g <C~ G)...... uC/) c (lJ ctl <.> C c ._ (lJ "0:2 ... CIl O~ C'l>, c- .- E cell Oll.. N(lJ "00> G) C 0'- oC/) a. o ... a. UI l: o 'iii 'S; e D. "'Gi 'tI o (.) - l: CD ... ... :::s (.) E S :>'O~c.r) Q)-O+-'Q>c - >. U) Ca 0 .ooUlEt5 .~ ~ ~ 0 Q) fa g. (lj e '0 ..c .... c..c:: a. 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NS-XX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 41 OF THE SANTA ANA MUNICIPAL CODE REGARDING SINGLE FAMILY DEVELOPMENT, VENDING MACHINES, SECOND DWELLING UNITS, DEFINITIONS, LAUNDROMATS AND TOWNHOUSE STANDARDS (ZOA 2004-07) THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The current code sections that regulate single family dwelling development were adopted in 1986. These sections have basically remained unchanged for the last 20 years, which has resulted in regulations that are not in concert with the current housing trends. As a result, many of the sections are obsolete and in need of updating. B. The changes to the single-family residential development standards are intended to address concerns about projects that are not characteristic of or beneficial to the residential neighborhoods. C. The changes to the definitions, second dwelling units, laundromat, vending machines and townhouse regulations are intended to clarify and update these regulations. D. On March 27, 2006, the Planning Commission held a duly noticed public hearing and by a vote of 6:0 (Rodriguez absent) voted to recommended that the City Council approve and adopt the Negative Declaration for Environmental Review No. 2004-231, and adopt an ordinance approving Zoning Ordinance Amendment No. 2004-07, to amend sections of Chapter 41 of the Santa Ana Municipal code pertaining to single family development, vending machines, second dwelling units, definitions, laundromats and townhouse standards. E. On April 17, 2006 the City Council held a duly noticed public hearing regarding the adoption of the Negative Declaration for Environmental Review No. 2004-231, and adopt an ordinance approving Zoning Ordinance Amendment No. 2004-07, to amend sections of Chapter 41 of the Santa Ana Municipal code pertaining to single family development, vending machines, second dwelling units, definitions, laundromats and townhouse standards. Section 2. The City Council has reviewed and considered the information contained in the initial study and Negative Declaration No. 2004-231 prepared with Ordinance No. NS-XX Page 1 of 25 758-73 respect to this Ordinance. 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 ("CEQA") and the State CEQA Guidelines, a Negative Declaration adequately addresses the expected environmental impacts of this Ordinance. 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 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. Pursuant to Title XIV, California Code of Regulations ("CCR") 9 735.5(c)(1), the City Council has determined that, after considering the record as a whole, there is no evidence that the proposed project will have the potential for any adverse effect on wildlife resources or the ecological habitat upon which wildlife resources depend. The proposed project exists in an urban environment characterized by paved concrete, roadways, surrounding buildings and human activity. Therefore, pursuant to Fish and Game Code 9 711.2 and Title XIV, CCR 9 735.5(a)(3), the payment of Fish and Game Department filing fees is not required in conjunction with this project. Section 3. Section 41-51 is hereby amended to read as follows (new language shown in bold, deleted language shown in strikeout for tracking purposes only): Sec. 41-51. Dwelling, one-family. A one-family dwelling is aresidential building containing one or more habitable rooms with only one (1) kitchen, designed for or used to house not more than one (1) family, including all necessary employees of such family.occupancy by one independent household unit with common access to, and common use of all living, kitchen and bathroom areas. Section 4. Section 41-103.5 is hereby amended to read as follows (new language shown in bold, deleted language shown in strikeout for tracking purposes only): Sec. 41-54103.5. Long-term stay business hotel. A long-term stay business hotel is a hotel/motel which is designed and operated to primarily accommodate business travelers whose guest stays vary in general from one (1) week to a month or more. Any hotel/motel that contains a kitchen in guest rooms shall be considered a long-term stay business hotel. No long-term stay business hotel may be established in the city after July 1, 2001 except as permitted by a SP (Specific Plan) or SD (Specific Development) district and then only as a Ordinance No. NS-XX Page 2 of 25 758-74 conditional use. Long-term stay business hotels shall not include transient/residential hotels. Section 5. Section 41-105 is hereby amended to read as follows (new language shown in bold, deleted language shown in strikeout for tracking purposes only): Sec. 41-105. Lot coverage. Lot coverage is the amount of lot area stated in terms of percentage that is covered by all buildings or structures located thereon. This shall be considered to include the building footprint and all building projections, but shall exclude s, porches, breezeways, patio covers, awnings and roofs, eaves, awnings and the like whether box-type, lathe roof, or fully roofed, but shall not be considered to include fences, walls, swimming pools, or hedges used as fences. Section 6. Section 41-131 is hereby amended to read as follows (new language shown in bold, deleted language shown in strikeout for tracking purposes only): Sec. 41-131. Outdoor vending machine. Outdoor vending machine shall mean a mechanical device located on the outside of a building that provides a product or service to the public for compensation, including but not limited to water dispensers, drink dispensers or , food dispensers or water vending machines. For purposes of this chapter, news boxes, pay phones, automated teller machines and youth amusement rides shall not be deemed to be outdoor vending machines. Section 7. Section 41-131.5 is hereby added to the Code to read as follows (new language shown in bold): Sec. 41.131.5 Outdoor Water Vending Machine Outdoor water vending machine shall mean a mechanical device located within a building exterior storefront that solely dispenses water for compensation. For purposes of this chapter, machines that vend prepackaged bottled water shall not be considered outdoor water dispensing machines. Section 8. Section 41- 137.10 is hereby added to the Code to read as follows (new language shown in bold): Sec. 41-137.10. Porte cochere. Ordinance No. NS-XX Page 3 of 25 758-75 Porte cochere is a structure over the driveway, and attached to the main residence for the temporary sheltering and unloading of passengers by an entrance of the building. Section 9. Section 41-142 is hereby amended to read as follows (new language shown in bold, deleted language shown in strikeout for tracking purposes only): Sec. 41-142. Recreational or entertainment uses. Recreational or entertainment uses include any use of property for the purpose of providing recreation or entertainment to the public for compensation, including, but not limited to, carnivals, circuses, amusement parks, golf course, bowling alleys, billiard parlors, pool halls, sports stadiums, dance halls, and game arcades; provided, however, that the use of less than five (5) percent of the floor space of that part of a building which is open to the public for mechanical or electronic games shall not be considered a recreational or service use. The square footage for each pool table shall be calculated at 192 square feet to accommodate the area necessary for the players. Section 10. Section 41-139 is hereby amended to read as follows (new language shown in bold, deleted language shown in strikeout for tracking purposes only): Sec. 41-139161.5. Transient/residential hotel. A transienUresidential hotel differs from a hotel/motel in that, while guests at a hotel/motel have another, primary residence, the guests at a transienUresidential hotel utilize it as their primary residence (for purposes of this section the term "primary residence" shall have the same definition as under California Health & Safety Code section 50519(b)(1)). Any hotel/motel that rents, lets or otherwise provides for compensation, twenty- five (25) percent or more of the total number of rooms therein to any person, firm, partnership, corporation, association, or other business entity for occupancy which exceeds twenty-eight (28) consecutive days or twenty-eight (28) days in any 60-day consecutive period shall be deemed to be a transienUresidential hotel. No transienUresidential hotel may be established in the city after June 7, 1999 unless: (1) It was existing on June 7, 1999; and (2) It is permitted by a SP (Specific Plan) or SD (Specific Development) district and then only as a conditional use. Section 11. Section 41-194 is hereby amended to read as follows (new language shown in bold, deleted language shown in strikeout for tracking Ordinance No. NS-XX Page 4 of 25 758-76 purposes only): Sec. 41-194. Second dwelling units--Standards. Notwithstanding any other provision of this chapter, a second dwelling unit may be constructed and maintained on a parcel in the R1, R2, R3, R4, CR, A 1, or RE zoning districts, or on a parcel within any Specific Plan or Specific Development zoning district in which residential uses are permitted, on any parcel which is already improved with one (1) single-family dwelling unit and no other second dwelling unit, either as an attached or detached unit, or as a division of space within the existing unit, provided the following ministerially applied standards are met: (a) No second dwelling unit shall be permitted on any parcel which the city has designated as deficient in public open space, as shown on the map entitled "Areas of Open Space Deficiency" on file with the clerk of the council. (b) The second dwelling unit shall be not less than three hundred (300) square feet; (c) The second dwelling unit shall be not more than seven hundred fifty (750) square feet or thirty (30) percent of the size of the primary dwelling unit on the parcel, whichever is less, provided, however, that the second dwelling unit shall in all cases be permitted to be a minimum of three hundred (300) square feet; (d) The lot coverage for the parcel, as that term is defined in this chapter, shall not exceed the percentage specified in the underlying zoning district. (e) The size and location of the second dwelling unit shall not cause the parcel to be reduced below a total of one thousand two hundred (1,200) square feet of usable, continuous, non-front yard open- space, excluding driveways and parking areas. Any open space with a minimum dimension of fifteen (15) feet by fifteen (15) feet shall be deemed contiguouscontinuous. (f) The front yard setback shall be not less than twenty (20) feet from the street. The primary and secondary dwelling units shall comply with the provisions of section 41-603 et seq. of this Code relating to setbacks. (g) Each side yard shall be a minimum of five (5) feet for the second dwelling unit. On corner lots, the side yard on the street side shall be a minimum of ten (10) feet. (h) The rear yard shall be a minimum of ten (10) feet. (i) There shall be a minimum of fifteen (15) feet separation between the primary dwelling unit and a detached second dwelling unit and Ordinance No. NS-XX Page 5 of 25 758-77 a minimum of five (5) feet between a detached second dwelling unit and an accessory buildingstructure. OJ There shall be provided (1) parking space provided per bedroom of the second dwelling unit with a minimum on one (1) parking space per second dwelling unit. Said parking space(s) shall not be located in the front setback except in a legal driveway, but may be located in the side or rear setbacks. Any driveway on the parcel shall lead to the garage and shall constitute no more than fifty (50) percent of the frontage of the parcel. No additional curb cuts may be installed for the second dwelling unit. (k) The height of a detached second dwelling unit shall not exceed fifteen (15) feet. The height of an attached second dwelling unit shall not exceed the height limit applied to a primary dwelling unit in the underlying zoning district. (I) The color, material and texture of the roof, exterior walls and fenestration of a second dwelling unit shall be architecturally compatible with the primary dwelling unit. The roof pitch of a second dwelling unit shall match the roof pitch of the primary dwelling unit. (m) An attached second dwelling unit shall have no exterior stairs. (n) No attached second dwelling unit shall have an outside door on the primary elevation of the primary dwelling unit or visible from a street. (0) The second dwelling unit shall not be a trailer coach, recreational vehicle or mobile home, as those terms are defined in state law. (p) If the second dwelling unit is to be constructed on a parcel identified on the federal, state or local list of significant historic resources, the second dwelling unit shall not be placed or constructed so as to result in a modification of the existing historic resource on the parcel, unless alterations to the existing primary dwelling unit conform to the United States Secretary of Interior's official Standards for Treatment of Historic Properties. (q) The owner or owners of the parcel shall file with the planning manager a recorded covenant, in a form approved by the city attorney affirming and consenting that either the primary dwelling unit or the second dwelling unit shall be owner-occupied. (r) The second dwelling unit shall conform to the applicable design standards contained in the urban design element of the city's general plan. (s) No second dwelling unit may be constructed on a parcel which is already nonconforming to the provisions of this chapter or on which the second dwelling unit would create a non-conformity to this Ordinance No. NS-XX Page 6 of 25 758-78 chapter. (t) The planning manager shall prepare written procedures for the implementation of this section, which may include standards and forms for plans and drawings. Section 12. Section 41-198.300 is hereby amended to read as follows (new language shown in bold, deleted language shown in strikeout for tracking purposes only): Sec. 41-198.300. Outdoor vending machines. (a) Notwithstanding any other provisions of this chapter, outdoor vending machines may be operated only in the C1, C2, C4, C5, CR, North Harbor Specific Plan (SP-1), and Bristol Street Specific Plan (SP-2) zones provided they are carried on in accordance with the limitations hereinafter set forth and provided a ministerial land use certificate is first obtained in accordance with sections 41-675 through 41-677 of this Code. Outdoor vending machines located in public parks or any other public property shall not be subject to this section. (b) No outdoor vending machine may be installed, maintained, repaired, or operated in the city without first being issued a valid land use certificate. A land use certificate shall be issued by the planning manager only if the following standards and conditions are met: (1) The outdoor vending machine may not be located such that the outdoor vending machine, or a user of the outdoor vending machine, is inwithin: a. A public right-of-way; b. A required landscape area; c. A driveway; d. An area used by vehicles for circulation; or e. Five (5) feet of any business entrance or exit. (2) All outdoor vending machines must be ancillary to an approved primary use and may not be located on an unimproved lot. (3) A When an outdoor vending machine is situated within the primary ingress to and egress from the lot, a minimum walkway width of six (6) feet is shall be required in front of the outdoor vending machine, when the outdoor vending machine is situated within the primary ingress to and egress from the lot. The building official shall determine whether the ingress to and egress from the lot is primary to the lot. In all other situations, a minimum walkway width of four (4) feet is Ordinance No. NS-XX Page 7 of 25 758-79 required in front of the outdoor vending machine. (4) All outdoor vending machines shall only be located on a building elevation that contains a primary entrance. (5) All outdoor vending machines must be positioned against a building wall and not located in front of windows. This subsection shall not apply to outdoor water vending machines. (6) Outdoor water vending machines may be located within the glass or wall storefront provided visibility to the cashier is not obstructed, with no greater than 25 percent of window area to be covered by signage and/or an outdoor water vending machine. (67) An outdoor vending machine shall not block exit doors or be located in front of windows. (78) Outdoor vending machine sign panels shall be limited to the products sold within the outdoor vending machine. No additional signs or advertising can be attached to or placed on top or side of any outdoor vending machine. (89) Exterior conduit, piping or wiring must not be visible when standing directly in front of the outdoor vending machine. (910) No visible security cages are permitted on the outside of an outdoor vending machine. (1011) Outdoor vending machines shall not exceed eighty (80) inches in height and thirty-six (36) inches in depth and thirty- sevenforty-two inches (3742) in width. (12) Outdoor water vending machines shall not exceed thirty five (35) inches in height, one (1) inch in depth, as measured from the exterior glass or wall storefront, and twenty nine (29) inches in width. (1113)AII outdoor vending machines shall be maintained in a clean and attractive condition. (1214)Any graffiti on an outdoor vending machine shall be removed within twenty-four (24) hours. (1315) Number of outdoor vending machines. a. No more than five (5) outdoor vending machines shall be permitted per development site or integrated development site; of which only one may be an outdoor water vending machine. b The number of outdoor vending machines permittable on a development site shall be as follows: Ordinance No. NS-XX Page 8 of 25 758-80 Square footage of Number of outdoor vending development site machines 15,000 or less 1 15,001--30,000 2 30,001--45,000 3 45,001--60,000 4 60,001 or greater 5 c. For integrated development sites with multiple underlying lots, at least one outdoor vending machine, but not to exceed three (3) outdoor vending machines, may be allowed per lot. Multiple outdoor vending machines shall be allowed atsubject to the following ratio: Square footage of a lot within Number of outdoor an integrated development vending machines 15,000 or less 1 15,001--30,000 2 30,001 or greater 3 No more than five (5) outdoor vending machines shall be permitted per integrated development site. (1416)Upon removal or relocation of an outdoor vending machine, the building and site area, where the outdoor vending machine was located, shall be repaired to its original condition within thirty (30) days from the date of removal. Section 13. Section 41-199 is hereby amended to read as follows (new language shown in bold, deleted language shown in strikeout for tracking purposes only): Sec. 41-199. Laundromats. Laundromats may be permitted in the C1, C2, C3, C4 and C5 districts subject to the issuance of a conditional use permit. Laundromats are not permitted in any other use district. Laundromats shall comply with the following development and performance standards: (a) Storefront windows must be of full length type. The vertical plane of the glazing should extend from the top of the floor or bulkhead to the top of the finished ceiling height. Bulkheads, if provided, shall be a maximum of one (1) foot in height above the finished floor Ordinance No. NS-XX Page 9 of 25 758-81 level. The horizontal plane should extend completely across the storefront except where shear panels are required by the building code. (b) Glazing material must be approved by the planning division and the police department for color and tint. Tint must not exceed ten (10) percent. Reflective glass will not be permitted. (c) Interior lighting must be approved by the police department. The minimum level shall be one (1) footcandle as per Santa Ana Municipal Code. (d) All service counters, seating areas, service sinks and coin-operated dispenser machines must not create an obstructed view of the entire interior assembly space. No displays, posters or other obstructive material shall be installed on or near the storefront windows. (e) No public telephones shall be located within the laundromat. (f) No electronic video games, billiard games or other gaming devices shall be allowed within the laundromat. No laundromat use may be initiated within three hundred (300) feet of any individual tenant space having more than five (5) percent of its floor area used for electronic video games or other gaming devices. (g) Public restrooms shall be locked at all times and available only through the request of the attendant on duty. (h) Service corridors shall be locked during all normal business hours. Storage/access doors shall be one and three-quarter (1 3/4) inches thick and secured with an approved dead bolt and non removable hinge pins. (i) Rear exits are prohibited unless required by either the building code or the fire code. When required, rear exit doors shall be kept in a locked closed position and shall have panic hardware. OJ Hours of operation shall be restricted to 7:00 a.m. to 10:00 p.m. (k) A sign prohibiting loitering on the premises in accordance with section 10-96 of this Code shall be kept posted on the premises at all times. (I) The exterior parking area must be illuminated to a minimum of one (1) footcandle for sixty (60) feet horizontally in all directions from the laundromat tenant space. (m) One uniformed employee shall be present during the hours of operation. Section 14. Section 41-232 is hereby amended to read as follows (new language shown in bold, deleted language shown in strikeout for tracking purposes only): Ordinance No. NS-XX Page 10 of 25 758-82 Sec. 41-232. Uses permitted in the R1 district. The following uses are permitted in the R1 district: (a) One (1) one-family dwelling with six (6) or fewer bedrooms. (b) Private greenhouses and horticultural collections for domestic noncommercial use, flower and vegetable gardens, fruit trees and any agricultural crop. (c) One (1) 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 (1) 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 fourteen (14) children, provided that if the number of children exceeds eight (8), a land use certificate must be first obtained pursuant to Division 4 of Article V of this chapter. (f) Adult day care facilities providing care to not more than six (6) adults. Section 15. (new language shown purposes only): Section 41-232.5 is hereby amended to read as follows in bold, deleted language shown in strikeout for tracking Sec. 41-232.5. Uses subject to a conditional use permit in the R1 district. The following uses may be permitted in the R1 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. Ordinance No. NS-XX Page 11 of 25 758-83 (d) Public buildings and public utility buildings and 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 fourteen (14) children. (g) Neighborhood and community service centers. (h) Garages for more than four (4) vehicles. (i) Accessory structures buildings more than fifteen (15) feet in height or more than one (1) story. OJ Adult day care facilities ancillary to a church or school providing care to more than six (6) adults. (k) One (1) one-family dwelling with seven (7) or more bedrooms. Section 16. Section 41-234 is hereby amended to read as follows (new language shown in bold, deleted language shown in strikeout for tracking purposes only): Sec. 41-234. Front yard. There shall be aThe front yard shall be equal to the prevailing front yard setback of the block as described in Section 41-603(b), but of not less than twenty (20) feet. Section 17. (new language shown purposes only): Section 41-235 is hereby amended to read as follows in bold, deleted language shown in strikeout for tracking Sec. 41-235. Side yards in the R1 district. (a) Each side yard shall be not less than five (5) feet for each building. (b) On corner lots, the side yard on the street side shall be not less than ten (10) feet for each building. (c) The restrictions on nonconforming buildings set forth in Article VI of this chapter shall not apply to buildings which are nonconforming Ordinance No. NS-XX Page 12 of 25 758-84 solely for the reason that they do not have side yards satisfying the setback requirement set forth in subsection (a) and meeting the standard set by this section, provided the side yards of such building are at least three (3) feet wide. Section 18. Section 41-236 is hereby amended to read as follows (new language shown in bold, deleted language shown in strikeout for tracking purposes only): Sec. 41-236. Rear yards in the R1 district. There shall be a rear yard setback of not less than twenty (20) feet. This section shall not apply to legal second dwelling units. Such rear yard may be reduced to not less than ten (10) feet in width, provided that it has at least one thousand two hundred (1,200) square feet of open space area, exclusive of side yard areas. Section 19. Section 41- 238 is hereby amended to read as follows (new language shown in bold, deleted language shown in strikeout for tracking purposes only): Sec. 41-238. Lot coverage in the R1 district. No more than fifty (50)thirty-five (35) per cent of a lot in the R1 district shall be covered by structures. Section 20. Section 41-239 is hereby amended to read as follows (new language shown in bold, deleted language shown in strikeout for tracking purposes only): Sec. 41-239. Development standards in the R1 district. Lots in the R1 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 such garage or fifty (50) per cent 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 fifty (50) per Ordinance No. NS-XX Page 13 of 25 758-85 cent of the lot width. (e) Porte cocheres shall be architecturally compatible integrated with the structure and may encroach up to the side property line located on a driveway that leads to the garage. A two-car garage must be provided prior to approval of a porte cochere. (1) A porte cochere shall not exceed twenty-five (25) feet in length. (2) Porte cocheres shall comply with the setbacks established for the building it is attached to, except that the side yard setback may be reduced to three (3) feet. On corner lots the side yard setback on the street side shall be no less than 10 feet. (f) Accessory structures buildings shall not exceed thirty-five (35) per cent of the required rear yard area. (g) An Accessory accessory building shall be not less than five (5) feet from a main building (h) Maximum square footage of accessory structuresbuilding shall not exceed sixty-six (66) fifty (50) per cent of the main structure square footage. Required detached garages may exceed fifty (50) percent of the main structure square footage, but shall not exceed 440 square feet for a 2-car garage, 640 square feet for a required 3-car garage and 840 square feet for a required 4-car garage. (i) Existing detached accessory structures, on exterior corner lots only, may be connected to the main structure, provided a minimum five- foot setback is maintained from any property line and a minimum of one thousand two hundred (1,200) square feet of open area is maintained in the rear yard. Section 21. Section 41-276 is hereby deleted from the Code (deleted language shown in strikeout for tracking purposes only): Sec. 41-276. Minimum street frontage. The minimum street frontage required on a lot shall be two hundred (200) feet, as measured from the back of the front yard setback. Section 22. Section 41-603 is hereby amended to read as follows (new language shown in bold, deleted language shown in strikeout for tracking purposes only): Sec. 41-603. Area--Generally. Ordinance No. NS-XX Page 14 of 25 758-86 (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. (b) The following exceptions to yard requirements shall be applied with respect to all buildings, structures, and uses permitted in the A 1, RE, R1, 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 ten (10) feet. (2) Where where forty (40) per cent 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 (40) per cent 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)twenty (20) 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 23. Section 41-604 is hereby amended to read as follows (new language shown in bold, deleted language shown in strikeout for tracking purposes only): Sec. 41-604. Same--Through lots. Ordinance No. NS-XX Page 15 of 25 758-87 (a) At each end of a through lot there shall be a front yard of a depth required by this chapter for the district in which the respective street frontage is located; provided, however, that there may be an accessory building in one of such front yards in accordance with subsection (ec) following. (b) Where a through lot has depth of one hundred fifty (150) feet or more, said lot may be assumed to be two (2) lots with the rear line of each approximately equidistant from the front lot lines; provided, however, that each portion shall then be treated as a separate lot insofar as the provisions of this chapter apply, and provided that such lots were recorded and held under separate ownership prior to December 31, 1939. (c) Where a through lot has depth of less than one hundred fifty (150) feet, an accessory building not exceeding one (1) story or fourteen (14) feet in height may be located in one of the required front yards if such building is at least five (5) feet from any side lot line and a distance of at least ten (10) per cent of the lot depth from the street line abutting the front yard in which such building is to be located; provided, however, that such accessory building shall not project beyond the front yard line established by procedures set forth in this chapter, but such accessory building need not be located more than twenty (20) feet from the street line. Section 24. (new language shown purposes only): Section 41-605 is hereby amended to read as follows in bold, deleted language shown in strikeout for tracking Sec. 41-605. Same--Patios and architectural features. (a) Cornices, eaves, chimneys, and similar architectural features may extend into the required yards of the A1, RE, and R1 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 into 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. (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 Ordinance No. NS-XX Page 16 of 25 758-88 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. A covered patio may encroach up to ten (10) feet into the required rear yard. 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 25. (new language shown in purposes only): Section 41-606 is hereby amended to read as follows bold, deleted language shown in strikeout for tracking Sec. 41-606. Same--Accessory buildings in A1, RE, R1, R2 and R3 districts. (a) On an interior lot an accessory building may be built to one side lot line and the rear lot lineup to fifteen (15) feet in height shall have a side and rear yard of not less than three (3) feet, and an accessory building over fifteen (15) feet in height shall have a side yard of not less than five (5) feet and a rear yard of not less than ten (10) feet, 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 lineshall maintain the same rear and side setback requirements based on the height of the accessory building as set forth in subsection (a). 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. Ordinance No. NS-XX Page 17 of 25 758-89 (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. (e) There shall be a minimum twenty-foot drive clearance between any property line abutting a street and the entrance of a garage. Section 26. (new language shown purposes only): Section 41-608 is hereby amended to read as follows in bold, deleted language shown in strikeout for tracking Sec. 41-608. Same--Modifications in yard regulations. The following modifications in yard regulations may be undertaken: (a) Since the general yard provisions of this chapter have to be applied to numerous types of conditions and shapes of parcels occasioned by varying street layouts and subdivisions of property, it is not advisable to attempt to define herein those cases which warrant exceptions and modifications to the general yard requirements of this chapter, therefore, authority is hereby given the zoning administrator, as a part of his administrative function, to determine in writing the application of the specific requirements of this chapter in harmony with their purpose and intent so that the spirit of the chapter shall be observed, public peace, health, safety, and welfare secured, and substantial justice done under the following circumstances: (b) Where the application of yard regulations cannot be determined or may be interpreted in more than one way as to cause confusion in the administration of such regulations or general yard provisions with respect to irregularly shaped lots such as those resulting from some angular or curved streets, particularly triangular or gore irregular shaped lots with more than four (4) lot lines, or reverse corner lots developed in such a manner where the front yard is unclear such regulations or provisions may be modified or interpreted by the zoning administrator in writing as to an individual lot or to all lots of similar type involving a common problem and the building shall be governed by such interpretation. No fence or accessory building, the location of Ordinance No. NS-XX Page 18 of 25 758-90 which is determined in whole or in part by yards, shall be erected or established upon any lot which is so irregularly or oddly shaped as to cause confusion relative to interpretation of such regulations until the yard provisions of this chapter shall have been determined as set forth above. (c) The zoning administrator may, as a part of his administrative function, authorize a ten (10) per cent reduction in required side, front, and/or rear yard provided said determination shall be in writing and show that the reduction is in harmony with the purpose and intent of this chapter. (d) The zoning administrator may, as part of his administrative function, authorize a temporary directional sign in permitted districts if said sign complies with all planning department standards set out below. Said authorization shall be in writing with the following conditions of approval: (1) That the proposed temporary directional sign be not larger than ten feet by twenty feet (10' by 20'); said sign shall be nonilluminated in any residential or professional district, and non-flashing in any commercial or industrial district. (2) That the sign be not more than thirty-five (35) feet in overall height from the ground. (3) That the sign not be located on or project into any existing or future city right-of-way or any building setback. (4) That the zoning administrator may grant a six (6) month extension of time at the expiration date of the initial six (6) month period if it has been determined that said extension of time is necessary for the initial sale of homes in the tract. Said extension shall require a five dollar ($5.00) fee. (5) That the applicant post a cash bond in the amount determined by the director of building safety and housing to guarantee the removal of each sign at the expiration of the period of the conditional use permit, and that the applicant and/or the owner of the property on which the sign is located enter into an agreement with the city authorizing the city to enter upon the premises, destroy the sign, and declare the Ordinance No. NS-XX Page 19 of 25 758-91 cash bond forfeited should said sign not be removed upon the expiration of the conditional use permit. However, the planning director may determine to circulate public notice and hold a public hearing when a proposed temporary directional sign is so located as to be of importance to the adjoining property owners or be in conflict with the orderly development of the area. The requirement of a plot plan, cash bond, and legal agreement shall be fulfilled prior to planning department approval of a building permit. Section 27. (new language shown in purposes only): Section 41-622 is hereby amended to read as follows bold, deleted language shown in strikeout for tracking Sec. 41-622. Mechanical equipment or appurtenances: Regulations. (a) All mechanical equipment or appurtenances located on the roof or on the exterior of a building situated on real property that is zoned or used for commercial, industrial or multiple family residential (three (3) or more dwelling units) uses, or located on such real property, shall be screened. (b) Every application for a building permit for the development of property that is zoned or used for commercial, industrial or multiple family residential uses shall be submitted to the planning department and shall be accompanied by detailed architectural drawings and plot plans, all to a workable scale, showing the elevation and location of the proposed screening structures or facilities, existing buildings and proposed addition, and any other pertinent information considered appropriate by the applicant or planning director pursuant to this section. (c) Such plans for the screening shall be submitted to the planning department for approval, conditional approval, or denial. No building permit shall be issued until plans are approved or conditionally approved by the planning department. The decision of the planning department may be appealed to the planning commission and then to the city council. (d) In order to more clearly define the screening requirement, there shall be on file in the office of the planning department illustrations entitled "Guides to Screening of Mechanical Equipment or Appurtenances." Said illustrations shall be approved by resolution Ordinance No. NS-XX Page 20 of 25 758-92 by the planning commission and city council. (e) No building permit shall be issued for the erection, construction, enlargement, or structural alteration of any building or structure in the City of Santa Ana which work exceeds fifty (50) percent of the gross floor area of any existing structures on the property unless the applicant conforms with this section for the entire existing buildings on the legal parcel. (f) All screening of mechanical equipment or appurtenances on a building shall meet with the approval of the building department. (g) In all instances where no screening is required, the applicant shall indicate on his plans that this section does not apply to his proposed structure or building. Section 28. (new language shown purposes only): Section 41-681.4 is hereby amended to read as follows in bold, deleted language shown in strikeout for tracking Sec. 41-681.4. dwellings. Rehabilitation of single-family and two-family (a) Rehabilitation of a nonconforming building which whose primary use is a single-family dwelling or a two-family dwelling is permitted: (1) in a residential district or an Specific Development where residential is permitted; or (2) in a P district where the continuance of the use is not barred by Section 41-683 and the building complies with the minimum yard requirements applicable to buildings located in the R2 district. in the following circumstances: (1b) Structural alterations and additions may be made to such a building if it is located in a residential district, where the total floor area of all such expansions occurring in a five year period does not exceed forty (40%) percent of the floor space of the building as it existed at the beginning of said time, provided: (1) the number of bedrooms is not increased; (2) the number of dwelling units is not increased; and that (3) no new nonconformances with the requirements of this chapter are created. (2) Such buildings in the CM and P districts may be enlarged or structurally altered provided the number of dwelling units is not increased. Any such buildings may be replaced by a new building of the same type provided that the number of dwelling units is not Ordinance No. NS-XX Page 21 of 25 758-93 increased, that the continuance of the use is not barred by section 41-683, and that the new building complies with the minimum yard requirement applicable to buildings located in the R2 district. (c) Structural alterations and additions which exceed forty (40%) percent of the total floor area as it existed at the beginning of a five year period; include the creation of new bedrooms; or remodeling which involves the demolition of more than fifty (50%) percent of the building shall be permitted; provided: (i) the number of dwelling units is not increased; (ii) the parking is brought into conformance with code provisions; (iii) no new nonconformities with the requirements of this chapter are created; and (iv) a minimum of one thousand two hundred (1,200) square feet of usable, continuous, non-front yard open-space, excluding driveways and parking areas is provided. Any open space with a minimum dimension of fifteen (15) feet by fifteen (15) feet shall be deemed continuous open space. (d) Where rehabilitation of a building involves more than fifty (50%) percent of a building wall which encroaches into a front or side yard setback is demolished or is structurally altered, the remainder of the building wall shall be demolished. Any subsequent building wall shall conform to all provisions of this chapter. (e) For the purpose of this section, an existing two car garage with a minimum dimension of eighteen (18) feet by eighteen (18) feet exterior dimension shall be considered conforming. (f) For the purpose of this section, remodel shall mean to reconstruct, or to make over in structure or style, but shall exclude re-roof, window replacement, exterior finish replacement and repair or similar modifications. Section 29. (new language shown purposes only): Section 41-1303 is hereby amended to read as follows in bold, deleted language shown in strikeout for tracking Sec. 41-1303. Dimension of parking area and access. (a) Open and garage parkingParking stalls shall not be less than eight (8) feet six (6) inches wide and eighteen (18) feet long, except as noted in section 41-1320(c). Where double-striping is required, and the width of stalls shall be measured from lines midway between Ordinance No. NS-XX Page 22 of 25 758-94 each pair of stripes. Structural, mechanical, utility or similar appurtenances are only permitted adjacent to required stall areas if the required width of the stall is increased at least six (6) inches and if the appurtenance is not located so as to interfere with safe and free parking movement or car door opening or of visibility. No appurtenance shall be permitted in the area in front of a parked car unless located in its entirety at least four (4) feet above surface level. Parking lot lights and tree wells, however, may encroach no greater than eighteen (18) inches into a front corner of a parking stall. (b) Aisles to and from parking stalls shall not be less than: (1) Thirteen (13) feet wide for one-way aisles with thirty-degree parking. (2) Fifteen (15) feet wide for one-way aisles with forty-five- degree parking. (3) Eighteen (18) feet wide for one-way aisles with sixty-degree parking. (4) Twenty-three (23) feet wide for ninety-degree parking. (c) Circulation within a parking area must be such that: (1) A car entering the parking area need not enter a street to reach another aisle except on a street with a standard industrial street cross section. (2) A car need not enter a street backwards. This provision shall not apply to off-street parking required in sections 41-1320 and 41-1321, or prohibit the backing of motor vehicles into a street which has a standard industrial street cross-section regardless of the use on the lot abutting said industrial street. (3) All parking stalls and garages shall be accessible and usable. Section 30. (new language shown purposes only): Section 41-1320 is hereby amended to read as follows in bold, deleted language shown in strikeout for tracking Sec. 41-1320. Single-family dwellings. Ordinance No. NS-XX Page 23 of 25 758-95 (a) The minimum off-street parking requirements for single-family dwellings are as follows: (1) four (4) off-street parking spaces for up to five (5) bedrooms; (2) five (5) off-street parking spaces for up to six (6) bedrooms; (3) six (6) off-street parking spaces for up to seven (7) bedrooms; (4) seven (7) off-street parking spaces for up to eight (8) bedrooms; (5) eight (8) off-street parking spaces for nine (9) or more bedrooms. (b) Of the spaces required by subsection (a), two (2) no less than one- half (1/2) of the off-street parking spaces shall be in an enclosed garage. The remaining spaces may be tandem spaces in a driveway. (c) Each parking stall in a one-car garage shall not be less than 12 feet wide and twenty (20) feet long. (d) Each parking stall in a two-car garage or larger shall not be less than ten (10) feet wide and twenty (20) feet long. Section 31. 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 anyone or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 32. The city clerk shall certify to the adoption of this ordinance and cause the same to be published in the manner prescribed by law. ADOPTED this day of April, 2006. Miguel A. Pulido Mayor Ordinance No. NS-XX Page 24 of 25 758-96 APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Kylee O. Otto Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Ordinance No. NS- to be the original ordinance adopted by the City Council of the City of Santa Ana on , and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana Ordinance No. NS-XX Page 25 of 25 758-97 758-98