HomeMy WebLinkAboutNS-2787 - Amending Chapter 41 of Santa Ana Municipal Code to Require New and Rehabilitation to Development Projects...ORDINANCE NO. NS-2787
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA AMENDING CHAPTER 41 OF THE SANTA ANA
MUNICIPAL CODE TO REQUIRE NEW AND
REHABILITATION TO DEVELOPMENT PROJECTS, OTHER
THAN SINGLE FAMILY HOMES, TO PROVIDE FOR
TEMPORARY, ON-SITE BICYCLE PARKING
THE CITY COUNCIL OF THE CITY OF SANTA ANA ORDAINS AS FOLLOWS:
SECTION 1: The City Council hereby finds, determines and declares as follows:
A. The City's Zoning Code, set forth in Chapter 41 of the Sana Ana Municipal
Code (the "Code") does not currently impose requirements on development
projects to install temporary bicycle parking spaces for customers, visitors and
guests.
B. The Planning and Building Agency is proposing to amend the Code to: (1)
create a definition fora "bicycle parking space," and (2) identify the number of
bicycle parking spaces to be required for new or substantially rehabilitated
residential and non-residential development in Santa Ana. Residential projects
of four (4) units or less would be exempted.
C. In addition, staff has proposed that an additional chapter be added to the
Citywide Design Guidelines to address the aesthetic nature and location of
bicycle support facilities, such as bicycle parking spaces, and the form of bicycle
parking facilities.
D. Finally, the proposed Code amendment would allow reduction of one (1)
vehicular parking space or reduction of required landscaping if the necessary
bicycle parking pursuant to the Design Guidelines could not be accommodated
due to site constraints or esthetic considerations.
E. The Planning Commission has, following a duly noticed public hearing, on
May 11, 2009, recommended approval of this Ordinance.
F. The City Council has held a duly noticed public hearing on this Ordinance,
and has considered all testimony presented thereto.
G. In accordance with the California Environmental Quality Act, this Ordinance
is subject to a General Rule Exemption per Section 15303 as the project includes
the addition of appurtenances to development sites. An exemption for
Environmental Review No. 2009-26 will be filed for this project.
H. All provisions of the Santa Ana Municipal Code which are repeated herein
Ordinance No. NS-2787
Page 1 of 6
are repeated solely in order to comply with the provisions of section 418 of the
Charter of the City of Santa Ana. Any such restatement of existing provisions of
the Code is not intended, nor shall it be interpreted, as constituting a new action or
decision of the City Council, but rather such provisions are repeated for tracking
purposes only in conformance with the Charter.
SECTION 3. Section 41-137.1 is added to Chapter 41 of the Santa Ana Municipal
Code to read in full as follows:
Sec. 41-137.1 Parking space, bicycle
A bicycle parking space is a space within a public or private property,
exclusive of street right-of-way, driveways, ramps, walkways, required
landscape areas or work space for the temporary parking or storage of one
(1) bicycle. A bicycle parking space is primarily for visitors and guests, and
shall include a permanently affixed post or rack for attaching a bicycle.
SECTION 4. Section 41-1307.1 is added to Chapter 41 of the Santa Ana
Municipal Code to read in full as follows:
Section 41-1307.1 Bicycle parking spaces
All development projects (as defined by Section 41-668) shall provide short
term bicycle parking on-site as follows:
a. Retail and service commercial development shall provide bicycle parking at
a rate of five (5) percent of the required automobile parking, but not less
than four (4) bicycle spaces.
b. Office, industrial and manufacturing development of greater than 15,000
gross square feet shall provide a minimum of two (2) bicycle parking
spaces.
c. Multifamily residences of five or more units shall provide a minimum of four
(4) bicycle spaces.
d. Key activity locations and public gathering uses including but not limited to
theaters, recreation facilities, libraries, churches/temples, and schools shall
provide a minimum of four (4) bicycle parking spaces or eight (8) bicycle
parking spaces if more than 50 parking spaces are required.
e. If a use conducted in a
relates to the application
discretion of the planning
building or on a site is not clearly defined as it
of this requirement, determination shall be at the
manager as to the appropriate bicycle parking
Ordinance No. NS-2787
Page 2 of 6
requirement as listed in subsections a through d above. Such determination
may be appealed to the planning commission and city council.
Any development project located within the Central Business (C3) or
Central Business- Artist's Village (C3-A) shall be exempt from this section.
g. To the extent practicable, the design, site planning, compatibility and lot
design for on-site, short term bicycle parking shall be consistent with the
City's Bicycle Support Facilities Guidelines. In those situations where said
Guidelines cannot be applied due to site constraints or aesthetic
considerations, in order to promote the objectives of said Guidelines and
the health, safety and general welfare of the City, the Planning Director or
designee may in writing authorize use of a portion of the required landscape
setback, or the conversion of one required vehicular parking space for on-
site, short term bicycle parking.
SECTION 5. Section 41-681.1 of the Santa Ana Municipal Code is hereby amended to
require provision of temporary bicycle parking such that it reads as follows (new language in
bold):
Sec. 41-681.1. Rehabilitation of nonresidential buildings--Sites of less
than fifteen thousand square feet.
Rehabilitation of any nonconforming building which is used for any
nonresidential purpose and which is located on a site having less than
fifteen thousand (15,000) square feet or gross area is subject to the
following exceptions from section 41-681:
(1) Rehabilitation which is limited to structural alterations without any
building expansion is permitted if all signage on the building and the site on
which it is located is brought into conformity with the requirements of this
chapter, except that, in the case of such alterations being undertaken by a
tenant on a site having more than one (1) tenant, such alterations are
permitted if all signage on the area leased by such tenant is brought into
conformity with the requirements of this chapter.
(2) Rehabilitation which includes expansion of the building is permitted
when the total floor area of all such expansions occurring in any five-year
period does not exceed ten (10) per cent of the floor space of the building
as it existed at the beginning of such time period, provided that the following
conditions are satisfied:
a. All signage on the building and the site on which it is located shall
be brought into conformity with the requirements of this chapter.
Ordinance No. NS-2787
Page 3 of 6
b. Off-street parking shall be provided in conformance with the
requirements of this chapter. With regard to sites having more than one (1)
business occupant, only the occupant undertaking the building expansion is
required to achieve conformity with the applicable off-street parking
requirements of this chapter.
c. Landscaping shall be improved to bring the site on which the
building is located into closer compliance with the landscaping requirements
of this chapter, as deemed appropriate by the planning director.
d. Bicycle parking shall be improved to bring the site on which
the building is located into closer compliance with the bicycle parking
requirements of this chapter, as deemed appropriate by the planning
director.
(3) Rehabilitation which includes expansion of the building is permitted
when the total floor area of all such expansions occurring in any five-year
period exceeds ten (10) per cent but does not exceed twenty-five (25) per
cent of the floor space of the building as it existed at the beginning of such
time period, if the building and the site on which it is located is brought into
conformity with all of the requirements of this chapter except those
pertaining to building setbacks (minimum yards), minimum lot size, and
minimum street frontage. With regard to sites having more than one (1)
business occupant, only the occupant undertaking the building expansion is
required to achieve conformity with the applicable off-street parking
requirements of this chapter.
SECTION 6. Section 41-681.2 of the Santa Ana Municipal Code is hereby amended to
require provision of temporary bicycle parking such that it reads as follows (new language in
bold):
Sec. 41-681.2. Same--Sites of fifteen thousand square feet or more.
Rehabilitation of any nonconforming building which is used for any
nonresidential purpose and which is located on a site having fifteen
thousand (15,000) square feet or more of gross area is subject to the
following exceptions from section 41-681:
(1) Rehabilitation which is limited to structural alterations without any
building expansion is permitted if all signage on the building and the site on
which it is located is brought into conformity with the requirements of this
chapter, except that, in the case of such alterations being undertaken by a
tenant on a site having more than one (1) tenant, such alterations are
permitted if all signage on the area leased by such tenant is brought into
conformity with the requirements of this chapter.
Ordinance No. NS-2787
Page 4 of 6
(2) Rehabilitation which includes expansion of the building is permitted
when the total floor area of all such expansions occurring in any five-year
period does not exceed ten (10) per cent of the floor space of the building
as it existed at the beginning of such time period, provided that the following
conditions are satisfied:
a. All signage on the building and the site on which it is located shall be
brought into conformity with the requirements of this chapter.
b. Off-street parking shall be provided in conformance with the
requirements of this chapter. With regard to sites having more than one (1)
business occupant, only the occupant undertaking the building expansion is
required to achieve conformity with the applicable off-street parking
requirements of this chapter.
c. Landscaping shall be improved to bring the site on which the building is
located into closer compliance with the landscaping requirements of this
chapter, as deemed appropriate by the planning director.
d. Bicycle parking shall be improved to bring the site on which the
building is located into closer compliance with the bicycle parking
requirements of this chapter, as deemed appropriate by the planning
director.
SECTION 7: If any section, subsection, sentence, clause, phrase or portion of this
ordinance is for any reason held to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this ordinance. The City Council of the City of Santa Ana hereby declares that
it would have adopted this ordinance and each section, subsection, sentence, clause,
phrase or portion thereof irrespective of the fact that any one or more sections,
subsections, sentences, clauses, phrases, or portions be declared invalid or
unconstitutional.
ADOPTED this 8th day of June, 2009.
/ -.
Z ~ /. ° ~ .
ig~fel A. Puli o
ayor
Ordinance No. NS-2787
Page 5 of 6
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
;,
-,
Beny~min' aufman
Chief Assistant City Attorney
AYES: Councilmembers: Alvarez Benavides Bustamante, Martinez,
Pulido Sarmiento Tinaiero (7)
NOES: Councilmembers: None (0)
ABSTAIN: Councilmembers: None (0)
NOT PRESENT: Councilmembers: None (0)
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify that the
attached Ordinance No. NS-2787 to be the original ordinance adopted by the City
Council of the City of Santa Ana on June 8, 2009 and that said ordinance was
published in accordance with the Charter of the City of Santa Ana.
~---
~ '
Date: ~v / J a
Clerk of the Council
City of Santa Ana
Ordinance No. NS-2787
Page 6 of 6