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HomeMy WebLinkAbout80A - TRANSIT CODE AND STATION DISTRICT - EXHIBIT C EXHIBIT C 80A-29 ~I~DINANCE N0, N-~Sg AN ~~DINANCE ~F THE 1TY COUNCIL OF THE CITY OF SANTA ANA AIENDIN CHAPTER ~F THE SANTA ANA II~UNICIPAL CODE IEAI~DINC TIME LI~1T FaR SPECIFIC DEVEL~PIENT PLAN, I~DIFICATI~N aF THE APP~~IIAL CF 011ERLAY ZaNE SITE PLAN, N~NC~NF~RI~IN USE, AND ~EPEALIN THE C AND -A 2a~lE ~~aA ~a10»0~ } THE CITY COUNCIL aF THE CITY ~F SANTA ANA DOES ORDAIN A FaLL~I~{; ~t4. section The City Counoi! of the City of Santa Ana hereby finds, deternnine and declares as follo~us: A~ The changes to the caning code are to facilitate the creation of the specific Development No. 84, The Transit honing Cade. The changes inciu~e the repeal the C3 and COMA zones, and changes to the tine limits for specific development plans, n~adification of the approval process far overlay zone site plans, and a nonconforming code clean up. P, ~n May 2~, ~a~ g, the Planning Cor~n~ission held a duly noticed public hearing, anal by a vote of ~.D ~Betancourt abstained, Yrarrazavai absent} voted to reconnr~end that the City Council. ~ . Adapt a resolution ce~kifying the Final Environrr~ental Impact Report Na. g0-02 prepared for the proposed Transit honing Code ~4A and 848 and the proposed redevelopment of properties o~vned by the Santa Ana Redevelopment Agency in the station District collectively, the Proposed Pro~ect~; adapting the Il~itigation Monitoring and Reporting Program, adopting the ESA Facts} Findings and a statement of overriding Considerations; and approving the Proposed Pro~eot~ Adapt a resal~tian appraving general Plan Amendment Na. a~D- 01, Adapt an ordinance appraving amendments to various coning provisions of Santa Ana Municipal Cade Chapter 4~ ~~OA No. 2a ~ a-g ~ Adapt an ordinance appraving the creation of specific Development No. 84, approving the rezoning of properties from various zones to specific Development Na. 84, repealing specific Development No~ ~rdinan~e Na. N-~ Page ~ of ~ G o, 1, and ~ , and amending the height exer~ption areas neap AAA No. X005-09}, Adopt a resolution approving Transit Zoning Code Architectural Style Guidelines and Transit Zoning Code Street ~let~rork Concepts . The City Council of the City of Santa Ana held ~ duly noticed public hearing on the above said actions for the Transit Zoning Code Specific Develapn~ent district ~SD,84~ on June 7', ~g~ g, and at that tine considered testinnony, ~rritten and oral. At the duly noticed public hold on Juno 1, 0~ 0, the City Council, by resolution, cerkified the Final Environmental Impact Report {Fins[ ElR} No. ~~g-0~ prepared for the proposed Transit Zoning Code {D ~A and 84P} and the proposed redeve[opn~ent of properties oned by the Santa Ana Redevelapr~ent Agency in the Station district; eras completed in compliance Frith the California Environmental ~ua[ity Act ~cE~A} ~Pub[ic Resources Code ~ ~~D~g of set,}} vas presented to the City Council for revie~r and consideration, and reflects the City of Santa Ana's independent judgment and analysis; adopted the CEC~A Findings of Fact and Statement of overriding Considerations; and adopted the Mitigation ~Ilonitoring and Reporting Program. At the June 7, ~D~ g r~eeting, the City Council also adopted a resolution approving General Plan Amendment No. 20~ 0-0 ; an ordinance approving the creation of Specific Development Na~ the rezoning of properties from various zones to Specific eve[oprr~ent [~o. 84, repealing Specific development [~o, 0, 4~ and 7~, and amending the height exerr~ptivn areas reap AAA Na. ~go~-g}; and a resolution approving Transit Zoning Code Architectural Style Guidelines and Transit Zoning Cade Street etvuork Concepts. This ordinance incorporates by reference, as though fully set forth herein, the ordinance and resolutions and said Final Environmental Impact Report, IU~itigation Monitoring and Reporting Program, CEQA Findings of Fact and Statement of Gverriding Considerations, and all of their respective facts, findings and conclusions in support ofthis ordinance and the findings made herein, Section Section is hereby amended to read as fallavus ~nevu language shorn in bold, deleted language shorn in strikeout for tracking purposes only}: Sec. accessory struc~u~e o~ uildin. An accessory structure or building is a detached building or structure, part k of building or structure that i incidental or subordinate to the main building, structure or use on the sane lot or parcel of land, v~ithout soaking facilities and is used exclusively bythe occupant of the vain building. ~r~inance No. NS-X Page ~ of ~ 6 Section Section S4 is hereby amended to read as follov~s ~nevu iango~e shorn in boil, deleted language sha~rn in strikeout far tracl~ing purposes only}: dec. ~~~~84y Dit~~c~ es~a~iis~ed. In orderto carry out the purpose and provisions o~this chapter, the city is divided into the fallovuing districts; A~ general agricultural ~i Residential-estate R~ -,Single-farnily residence R --Limited r~ultiple-~ar~ily residence R Medium-density rr~ultipl~far~ily residence R~ --Suburban apartment P l~rafessional government center ar~rnunity cor~r~ercial ~~-IUID-or~r~unity comn~ercial~~useur~ District ~ general commercial 4 Manned slopping center Arterial camn~ercial ~ --Dommercial residential M Light industrial Heavy industrial -Sl~ll South Main Street cornn~ercial d istrict ~ open space ~r~~nance N4~ NS~~ gage 3 of ~ ~ i i TV M» TransltVillage ~T Downtown U -y Urban Center CDR orridar UN-2 Urban f~eihborhood ~ U~~~ --Urban Ilieighborhood ~ ~ pe~ific psin D pecific~~deveiopn~ent M Military aperations -~~verlay gone section 4F section 4~~~g5. ~ hereby amended to read as fallaws deleted language shown in strikeout far tracking purposes anly}: oc~ 4~ 9~.a. Temporary out~oar activities. Notwithstanding any other provision of this chapter, the following activities nay be conducted in any ~-hIiDF 4, , llll~, M2, C, P, D with can~mercial use, ar P with camr~ercial use district and are not required to be carried an within an enclosed building, provided they are carried on in accordance with the limitations hereinafter setforth, and provided a land use certificate is first obtained in accordance with sections ~4~MG75 through 4~-7~: ~a} Bazaars, fiestas and fund-raising events, provided the activities do not occur on the sane lot more frequently than six ~G} days in any ane- year period, do not continue on the sane lotfor r~ore than three successive da~r, do not begin earlier than ~g:00 a,m, and do not continue past ~g:Dg p,m. Monday through Saturday and do not begin earlierthn ~ ~:gg ,m, and do not continue past 9:Og p,mr on Bunday, Pravided, however, activities in the D~ district and museum and science center activities in the 1-IUI~ district, nay not occur mare frequently than ane time per r~onth€ do not continue on the same !ot for mare than three successive days and are not held mare than twelve ~}times per gear, ~b~ ~un~n~age sales, promotional events, sidewalk or parking Iot sales, and ternparary sales booths, provided the activities do not occur an the ~rdinnc~ Na. N~~ gage 4 of ~6 sane lot more frequentlythan six days in any one-year period and do not continue on the ~ lot for more than two successive days {c} Mobile library, rr~edical and veterinary units, provided activities are not conducted on the same lot for more than six days in any one-year period, do not begin earlier than 8:a0 a.rn,, and do not continue past ~:oD p. r~. {d} outdoor auctions, provided that activities are not conducted on the same lot more frequentlythan four days in any one-year period, do not begin earlierthan ~:00 a.m., and do not continue past ~;oo p.nn. {e} seasonal activities far uses such as, but not limited to, fireu~orks stands, pumpkin lots and hristrnas tree lots, provided that pumpkin lots do nvt set up mare than thirty {~o} days prior to Hallov~een and are rerr~oved ~rithin one }day after Hallv~veen, Christmas tree cats do not set up r~ore than thirty {fig}days prior to Christmas and are removed ~rithin one }day after hristr~as and fire~rorks stands are in compliance ~vith hapte~ ~ 4, Article ll of this fade. {f} a~nivals, circuses, radio or d.j. remotes and outdoor music concerks, provided the fallo~ing conditions are met; The activity is not conducted on the sane lot for rr~ore than five successive days in any one,year period and may not occur mare than five {5~ days in any one-year period, Hours of activities shall not begin earlierthan o;g0 a.r~. and do not continue past ~ ~ :gg p~ma Monday through Saturday and do not begin earlier than ~ :go a.rn. and do not continue past 9:gD p+mf on Sunday. ~ff~street parking shall be provided in the runner prescribed in Article ~V ofthe Santa Ana Municipal bode. {~4} n-site circulation shall be maintained in a n~anr~er that vuill assure efficient internal panting lot circulation. Also, lots shall assure that vehicles need not exit on the street then re-enter the lot to f ind another parking space. t Na equipment and~ar rides ray be located on the lot of such activityfor mare than forty»eiht {4S} hours prior to opening day. All equipment and rides used far such activity must be removed v~rithin tvuenty-faur hours of closing, day of activity. {7} Noise sources associated v~ith construction, dismantling of equipment, deliveries and rides, shall be permitted provided said activities do not take place betr~een the hours of ~;OO p.m, and ~:go a.m. on ~reekdays, Saturday or Sunday. {8} A o~foot setback clear af, but nvt limited to, equipment, booths} stages and rides shall be maintained at all times along any property line abutting residential uses. {9} The activity is subject to cancellation or additional conditions if conducted in a manner detrimentai to the health} safety, or Welfare ~rd~nance No. N-X gage ~ of 1 of the comaunity as determined by authorised City of Santa Ana representatives including police, fire, public corks, ar davunta~rn development. fig} Activities approved Frith alcohol sale andlor consurrrptiorr shall obtain the appropriate license fror~ the State Department of Alcoholic Beverage Control ~"ABC"} and gill be subject to the fo[la~ring: } All cooking: equipment ~gri[Is, barbecues, etc.} rr~ust be turned off one-half ~ ~ 12~ hour before the activity closure each evening, The sale, service and consumption of alcohol shall occur only ~vithin ~ fenced~in area. This area shall be designated u~ith appropriate signage identifying it a such end shall he approved by the police department. The applicant shall ensure that security personnel are on duty at a[I times and monitoring the fenced-in area designated far the sale, service anal cansurnptian of alcohol. Security personnel shall prevent people frorr~ carrying alcoholic beverages outside the designated area noted in 41 9~,~g~~~}. ~4~ Advertising v~rhich indicates the availability of alcoholic beverages shall be pasted at the paint of beverage dispensing only. Alcoholic beverages shall be served indistinctive cups, ~uhich are different fror~ those used far non-alcoholic beverages No nnare than t~ra ~Z} cups containing alcoholic beverages ray be sold to a custorr~er at a time. AI[ alcoholic beverages shall be sold in paper or plastic cups and not in their original glass ar rr~eta[ containers, The server is prohibited from selling alcoholic beverages to an obviously intoxicated person. The server is prohibited frorr~ consuming alcoholic beverages, fig} The s[e~ service and consumption of alcoholic beverages shall cease one }hour prior the end of the activity ~h~ All temporary outdoor activities shall be subject to the fo[[ovuing: ~ The applicant rnust provide a minir~um number of state licensed, uniforr~ed security guards far each day of the activity. This minimum nurr~ber is to be determined by the chief of police or his vuthori~ed representative during the application process. These guards shall be present from the opening of the activity until closing and al[ persons have vacated the grounds. Under special circumstances city police officers maybe required in addition to the security guards, The applicar~tv`rill bear the cast of the police officers. ~2} Security guards rust carry a cellular phone. All personnel serving as security guards must rear attire such as a jacket, shirt, vest, etc., that clearly identifies therr~ as security. A[[ security personnel shall have equipment enabling tiro-gray camr~uniction ~vith other security personnel, ordinance Na, N-XX7~ Page of ~ ~ The applicant steal[ be required to pay for any additional police services that ray result fror~ the activity. Noise levels generated by the activity must remain under specified . levels, ~7} The sale of tickets must cease thirty minutes prior to the closure of the activity daily. Section section ~ ~ 98.~0o i hereby amended to read a follows deleted language shown in strikeout for tracking purposes only; Sec 4~ 9Sr0~. cyber ca~e~ Notwithstanding any other provisions of this chapter, cyber cafes maybe conducted in any 4, and ~ pones, provided they are carried on in accordance with the lir~itations hereinafter setforkh, and provided a r~inisterial land use certificate is first obtained in accordance with sections 4~ „~7 through ~~-~7~ of this bode. cyber cafes shall not be perr~itted in a special districts or a specific plan unless explicitly set forth as a permissible use. section Section 4~-fig is hereby amended to read as fo[lows deleted language shown in strikeout for tracking purposes only}~ Sec 9. Lundrar~at~ Laundromats maybe permitted in the 2~ q~ and districts subject to the issuance of conditional use permit. ~.aundron~ats are not perr~itted in any other use district, l~aundron~at shall connply with the following development and performance standards. ~a~ [Minors sunder eighteen 8} years of age} shall not be permitted to enter or renr~ain in a cyber cafe during the following periods unless accompanied by a parent or legal guardian; Between 8:0o a~m, and :oo p.m., or after X0;00 p.r~. on Monday through Friday of each week; Saturday and Sunday after o:oo p.rn, The above weekday daytime hours of restriction shall not apply to vacation days or school holidays as established by any public school district or private school, kindergarten through twelfth grade, operating within the city. ~4} Notice of these hours of restriction for minors shall be posted at the entrance in lettering of at least two inches in sire. fib} The cyber cafe shall not be open to customers, patrons or any member of the public between the hours of ~~:00 a.rn. to 7.00 a.m. ~dinance No. N-~ Page7of~~ "No loitering" signs shall be posted attf~e front and rear of the business. In additions a waiting area with not less than eight seats shall be provided for customers waiting to use ~ computer. ~lo~outide waiting oreating area is permitted. {d} No person shall be perr~itted to consume alcohol on the premises. {e} employees shall be at least twenty-one {~}years of age. There shall be a rninir~urn of one ~ employee managing the cyber cafe during all working hours. [f the business has more than thirty fig} computers, the business is required to add one additional employee for every additional thirty ~o} carnputers, or portion #hereof} and for every thirty {fig} computers thereafter, or any portion thereof, during each employee's working hours, the er~ployee shall wear a badge identifying the business and the employee's full narrte~ {f~ occupancy shall not exceed that required under the uniform building oc[e and uniform fire code, and the rnaxirr~um occupancy load shall be posted at the main entrance. fig} The establishment shall rr~aintain and operate a can~eralvideo surveillance system with recording capability during all business hours, The system shall coverthe entire interior ofthe premises and a[1 entrances to and exits from the establishment. The carneralvideo surveillance system shall be capable of delineating on playback of the -system the activity and physical features of persons or areas vuithin the pren~~ses. } Tapesldisks shall be kept a minimum of seventy»two hours. The business owner shall permit the city to inspect the tapesldisks during business hours. The system shall be maintained in good working order, including the running ofthe tapeldisks. A sign shall be posted inside and at the entrance to the establishment indicating that the premises are under camera~video surveillance, ~h} The business owner shall submit and receive approval of a fire exit plan from the cityrs fire department. The plan shall address all existing requirements of the uniform building code and uniform fire code. This includes, but is not limited to, providing an exiting plan shouving equipment location, aisle locations and dimensioned widths, and having approved exit doors and panic hardware. ~i} Any adult entertainment business is prohibited unless specifically approved pursuant to the requiren~er~ts of Chapter 4~ , Arkicle X1ll l of this code, ~1~ vllindow areas shall not be covered or made opaaiue in any way. All windows and entrances must be unobstructed at al[ tines so as to alloy an unimpaired line of sight by police officer. ~k} The business operator, at hislher expense shall provide a California licensed uniform security guard on the premises Monday through Friday ordinance Nv. N»~X Page 8 of 1~ . 7 bet~reen 4.00 p.m. and closing, and Saturday through Sunday between ~~.g0 p.n~, and closing } The chief of police is authorized to require a specific o~unerloperator to provide a security guard~sy on the premises at other hours of the day in the event that there are significant calls for service relating to assaults, gang related activity, weapons offenses, disturbances, and juvenile related crime, including truancy, or other good cause. Any decision of the chief of police nay be appealed to the city council, Any appeal shall be rude within ten 0~ calendar days following the date of the decision by the chief of police. Further, such appeal period shall end at ~.g0 p.m. on the tenth calendar day follov~ring such date of the ~rritten decision by the chief of police. If such tenth calendar day ends on a Saturday, Sunday or holiday, the ten~day period shall end t x:00 p.m. on the next regular business day, All appeals shall be in ~rriting and on forms provided by the planning department and shall specify~uherein there vas any error of decision or re~uirennent by the chief of police. Furthermore, a copy of such appeal shall be filed ~uith the planning departr~ent and the clerk of the council. ~4~ l~pon receipt of such appeal, the planning department shall set the matter for hearing by the city council. The city council rny, after public hearing, affirm, reverse, change, or modify the original decision and nay n~slCe any additions[ determination it shall consider appropriate ~vithin the limitations imposed by this chapter. Such decision shall be filed vuith the clerk of the council, and the planning department} one ~ copy thereof shall be sent to the applicant. ~I~ sighting levels on the premises ~vithin sixty ~~0}feet of the use grid in all required parking areas shall be maintained at a minin~urn ~ footcand[e of light. Interior lighting shall be st maintained at a rninirnum ofthirty ~~g} footcandles of [fight, ~m~ No exterior pay phones shall be permitted, ~r~} No pool tables or other amusement devices not directly related to [nternet computerdevices shall be permitted, ~o~ No gaming tournarents for cash prizes shall be permitted. Section Section 4~ 9. ~ is hereby amended to read as follows deleted language shov~n in strikeoutfortracking purposes only}: Sec, 4~ 99th , ~anque~ fac~iitiet ~rd~nance No. N-~~~ gage of ~ 5 Banquet facilities maybe permitted in the , ~ -I~1D, } ~ zoning districts and in any specific plan or specific development zoning district v~herever restaurants and eating establishments are permitted, as a primary and ancillary use3 subject to the issuance of a conditional use permit. Banquet facilities may be permitted in the M ~ and IUl2 zoning districts as an ancillary use to restaurants and eating estal~lishrnents, subject to the issuance of a conditional use permit, Banquet facilities shall corplyv~ith the follo~ving development and operational standards: ~a~ All banquet facilities require a kitchen facility, including but not limited to, an oven, stove, refrigeration, freezer, exhaust hood, grease receptor, cutting and preparation areas, dish~rashin area or machine, employee sink and rncp, and appropriate counterlservicetacilities. fib} All banquet facilities require sanitation facilities in compliance ~vith the California Building bode building standards. ~c} Ul~her~everthere is entertainn~entvuith or ~rithout alcohol, the ban uet q facili#}~ shall provide a uniformed state licensed securit card, as Yg approved by the chief of police, at the rate of one guardlone hundred oo} attendees, pith a minimum of one ~ }security guard, or other security measures as approved by the chief of police. The guards shall be present until all attendees have left the premises, {d} All banquet facilities shall provide exterior lighting in compliance v~rith police department requirerr~ents. As used herein, a banquet facility is a facility available far rental and used for the purpose of Meetings} parties, cerer~oniou gatherings} dining or entertainment. Forthe purposes of this definition, the ternn rental shall mean to obtain the possession and use of a facility, or a portion of a facility, on a short term, hourly or daily basis ~rhere occupancy is closed to the general public in exchange for monetary or otherform of cor~pensation, section Article Ill. division is hereby repealed in its entirety. Section g. Article Ill. division 1~, is hereby repealed in ifs entirety. Section 10, section 4~-~g.8 is hereby amended to read as follov~s ~nev~ language shouvn in bold}; ~c. 4~^5~~.8 specific developn~e~nt plan approval #im~ ~ir~i# and extensivn~ The specific development plan shall not be deemed valid until all ofthe conditions as approved by the zoning administrator, planning commission, or city council have been complied Frith and released by the planning manager. The specific development plan approved in accordance vuith the procedures and considerations as provided in this division shall automatically become void after ordinance No. NMCi~ Page ~0 0~ one ~ year from the effective Bete of such approve[ ~uhen the o~rner fans to institute an action to erect, build, alter, move or r~aintain the use of the property as specified in the terms and conditions of the specific developr~ent plan. l~o~rever, at the initial hearing of the zoning sdrninistrator, planning commission or city council rey provide, appropriate conditions[ approve[, for extensions of time beyond tl~e tVVO-year period. furthermore, the city council by may, by resolutions, extend the date on ~uhich a specific development plan becomes void for a period or periods not exceeding three years in total beyond the date it uvould otherv~~[se become void, section ~ section 4~~.~ is hereby amended to read as follows ~ne~r language shorn in bald, deleted language shorn in stri~Ceout fcrtracking purposes only}: boo. ~~~~5.~. Uses perrnit~ed and development standards suffix, vllhen the symbol is applied a suffix in combination r~ith the district symbol, the overlay zone regulations are intended to apply only tv those proposed uses vuhich are permitted or conditionally permitted in the overlay zone to ~rhih the suffix is corr~bined, In any case ~rhere the development project does not choose to adhere to the overlay gone, the standards and regulations of the underlying zoning district shall app[y~ section section 4~~5~, is hereby amended to read as fo[lovus ~ne~r language shorn in bold}; Leo, 4~ App~ova! of ~~rorlay gone site plans. No permit for a building or structure shall be issued far any property subject to the provisions of this division until the follo~ring requirements have been met: day If the property is ~rithin a zoning district classification combined v~rith an ~ suff ix and the applicant grants to apply the over[aytti.zone, the applicant must obtain for said property an overlay zone sits plan revie~r permitting use of the property in accordance ~vith an overlay zone plan. } laid site plan revie~u permit shell be approved, conditionally approved, ardenied by the Planning Commission in accordance Frith the provisions of article V of this chapterapplicable to a conditional use permit, After the City Council has completed the revievr of the ~uritten finding of fact of the planning comrr~ission pursuant to section 4~» the property shall be subjectto the standards and regulations of the overlay zone and any overlay gone site plan revi~u conditions of appraval. ordinance I~v~ ~-~~C Page ~ of All alevelopment shall b in compliance ~vith al[ conditions of approval priorto issuance ofa utility release bythe executive director of the planning and building agency. ~4} ~Jpon the issuance of the utility release or the certificate of occupancy, ~rhichever comes first, the Executive Director of Planning and Building shall mend the sectional district reap to reflect the overlay zone as the sole zone on the property. fib} [f the property i v~rithin an ~ district, the overlay zone plan must be adopted by ordinance of the city. Such ordinance, in addition to adopting the overlay zone site plan shall specifythe uses permitted on such property, together ~vith any restrictions or conditions perkaining #o such uses. ~c} [f an overlay zone site plan of the type specified in subparagraph of section ~-g~.3{a} as consisting of standards and regulations is approved, the applicant must thereafter prepare plans and drayrings as specified in paragraph } of said section in conforn~ityvuith such overlay zone plan and obtain approval thereof by resolution of the planning commission after revie~r and recornrendatian by the planning ranger. No building permit or utility release shall be issued except for development in accordance } pith such approved plans and drauvins, Section ~ . Section 4 ~ D. ~ is hereby amended to read as follovus deleted language shorn in strikeout fvr tracking purposes only}~ Sec, 4~ 0., V~all and.,~ence requiremen# in tie industrial and commercial zones. {a~ In the industrial and comn~ercia[ zones, galls and fences shall not exceed ten ~1 D} feet in height, and shall not exceed four ~4} feet in height ~uhere the ~va[I orfence extends into the required front yard or any required landscaped area. fib} n any lot in a , 4, or ~5 d istrict} a concrete black gall not less than five feet in height shall be erected along any property line contiguous to any residentially zoned property, except that such oval[ shall not exceed the height limitations prescribed in subsection ~a} of this section. This requirer~ent may be Waived by the planning commission upon a finding that the abutting property is in a period of transition to nonresidential use} or that, due to special circumstances, the gall ~rou[d not promote the public health, safety, or ~velfare. ~c} Barbed vuire is nat permitted as part of a vrall or fence except as follo~rs; ..1 ordinance Flo. S-~~~ Page ~ 2 of ~ ~ ~ f n the fill 1, M and L11~ districts: barbed wire is perrr~itted subject onlyto the restrictions set forth hereinafter In the , ~ and l~ districts barbed wire i permitted only in a rearyear onside yard which is not viewable from a public street and is subject to the restrictions setforth hereinafter. barbed wire may riot be used above the height limitations set forth in subsection ~a~ of this section, F. ~4} Barbed wire ~,ay nvt be used as part of anyv~rall or fence which is adjacent to property used for residential purposes onto property which is used as a school, church, park, or youth center. section 14. section ~ ~ is hereby amended to read as follows deleted language shaven in strikeout for tracking purposes only}: dec. 4~ fviecf~n~al equipment yr ppurfe~ances: ~eulat~on~ All mechanical equipment ar appurtenances located on the roof oron the exterior of a building shall be screened. every application for a building permit forthe development of property shall be submitted to the planning department and shall be accompanied by detailed architectural drawings end plat 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 directar pursuantto this sectl V n. section ~ . ectivn -fig i hereby amended to read as follows deleted language shovun in strikeout far tracking purposes only. dec. honing administrator; ad~ninistra#ive functions. The zoning administrator may, as a part of his administrative function, authorize: } The temporary use of trailers for office space which are utilized in conjunction with any pernnitted use in the f~, , , , ~ and districts far a period of time not exceeding two years from the date of approval; provided saial determination shall be in writing and shave that the temporary office use is in harmony with the purpose ~rdir~anc~ No. N-~X?~ Page ~ of ~ and intent of this chapter. The canstruction of open buildings in the and districts; provided said deternnination shall be in writing and showthat the open buildings are not detriments[ to the s~rround[n area and the open partians of the structures are not visible from adjacent properties or public streets. However, the planning director may determine that s variance is necessarywhen propased ten~parsry affice trailer ar an open building is sa located as to be of in~portsnce to the adjoining property owners or to be in conflict with the orderly develaprnent of the area. section 1 . ectian is hereby amended to read as fallaws knew Isr~usge Shawn in bold, deleted [anguage Shawn in strikeout for tracking purposes only}: ,a. 4'~-~~, have of a nor~a~nforming use. The conversion of s residence in any commercis[ or industria[ district to a use permitted in that district shall conform in every respect to all requirements and conditions set forth far such new use by this chapter, {b~ Except as pecif led in section -~~~.k a con~mercisf use in the l~~ ar district which is s nanconfarminq use by reason of the absence of a conditional use permit maybe changed to another cammeroJa[ use without the necessity of obtaining a cond[tions[ use permit. section Article ~l Division ~ is hereby repealed in its entirety. section 18. ectian 4~ ~0~. ~ is hereby amended to read as follows knew language shown in bald, deleted language shown in strikeout fortracking purpases anly~. Sea. ~~~~3~7.~, Bicycle parking spaces All development projects has defined by section ~~-G~8} steal[ provide short terra bicycle parking an-site as fol[aws; s. Retail and service camr~ercial develapmer~t shell provide bicycle parking at a rate of five percent ofthe required automobile paving, but not less than faur bicycle spaces. b. office, industrial and manufacturing development of greaterthan ~,g0~ grass square feet shall provide a minirnurn of two ~2} bicyole parking spaces, c. lUlultifamily residences of five ar mare units shall provide a minimurr~ of ~rdinar~ce h~o. ~-~CX~ gage ~ 4 of 1 faun bicycle spaces. d, ~cey activity laaations and public gathering uses including but not lir~ited to theaters, recreation facilities, libraries, churchesltennples, and schools shall provide a minirnurn of four bicycle parking spaces oreiht bicycle parking spaces if more than g parking spaces are required. e~ If ~ use conducted in a building or on a site is not clearly defined it relates to the application of this requirement, determination shall be at the discretion of the planning r~anager as to the appropriate bicycle parking requirement as listed in subsections a through d above. Such deterr~intion may be appealed to the planning coremission and city council. f. To the extent practicable, the design, site planning, compatibility and lot design far on~site, shorttern~ bicycle parking shall be cor~sistentv~ith the pity's Bicycle Support facilities uidelines~ In those situations There said guidelines cannot be applied due to site constraints or aesthetic considerations, in orderto promote the objectives of said guidelines and the health, safety and general ~relfare of the pity, the Planning Directar or designee may in ~rriting authorise use of a portian of the required landscape setback} orthe conversion of one required vehicular parking space for on-site, short term bicycle parking, Section ~ 9~ This ardinance shall take effect thirty ~0}days after its adoption by the pity council; provided hoever, that if ~rdir~ance Na. NS-2Sg~, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or other~rise do not go into effect for any reason, then this ordinance shall be null and void and have no furkher force and effect. Section ~a. If any section, subsection, sentence, clause, phrase or portion of this ordinance is far any reason held to be invalid ar unconstitutional by the decision of any court of competent jurisdictionx such decision shall riot affect the validity of the remaining portions of this ardinance. The pity council of the pity of Santa Ana hereby declares that it v~rould have adapted this ordinance and each section subsectianx sentence, clause# phrase or portion thereof irrespective of the fact that any one or mare sections, subsections, sentences, clauses} phrasest or portions be declared invalid or unconstitutional. Section 2~ , The city clerk shall certify to the adoption of this ardinance and cause the sane to be published in the manner prescribed by la~v, AD~PT~D this day of dune, ~o~ 0. ~IliguelA, Pulido ardinance No. ~IS~X~~ Page 1 of ~ ~ h~ayor APPROVED AS T~ F~~; Joseph 111#, Fiethe~ ity Atto rn elr AYES, aunoiin~en~ber NOES: ~un~ilrner~bers ABSTAIN: ounciinnerr~her NAT PRESENT: ounoiimembers ~ERT1FiATE ~FATTESTATi~N AND ~RI1NALiTY I, MARIA D. HUi~AR, ~ierk o the onoii~ ~v hereby attest t~ and certify the attached ordinance Nv, NS-~ to be the originai ordinance adopted blr the pity council of the pity of Santa Ana on ,and that said ordinance was p~biihed in accordance with the charter of the qty o~ Santa Ana. Date: Clerk otthe ouncii City of Santa Ana ~~d~nance Na. N~~~C Pale ~G of i 5 rf f r