HomeMy WebLinkAboutNS-3081 - ZOA No. 2024-02 Amending Certain Sections of Chapter 41 of Article XIX ORDINANCE NO. NS-3081
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA APPROVING ZONING ORDINANCE
AMENDMENT NO. 2024-02, AMENDING CERTAIN
SECTIONS OF CHAPTER 41 (ZONING) OF ARTICLE XIX
OF THE SANTA ANA MUNICIPAL CODE RELATED TO THE
REGULATIONS, OVERLAY DISTRICTS AND MAPS IN THE
TRANSIT ZONING CODE/SPECIFIC DEVELOPMENT (SD)
NO. 84 ZONING DISTRICT; MODIFYING THE
AUTHORIZED LAND USES AND PERMIT TYPES;
ESTABLISHING REVISED NONCONFORMING USE
REGULATIONS, INCLUDING THE ADDITION OF AN
AMORTIZATION/TERMINATION OF USE PROCESS AND
ADDING OPERATIONAL STANDARDS FOR CERTAIN
PERMITTED AND NONCONFORMING USES
THE CITY COUNCIL OF THE CITY OF SANTA ANA HEREBY ORDAINS AS
FOLLOWS:
Section 1. The City Council has, by separate action taken on June 3, 2025,
adopted an Addendum to the Transit Zoning Code Environmental Impact Report ("EIR")
(State Clearinghouse No. 2006071100), which was certified on June 7, 2010, by the City
Council ("Addendum"). The Addendum analyzed the environmental impacts of the
actions taken in this Ordinance. Adopting the Addendum satisfied the City Council's
obligations under the California Environmental Quality Act ("CEQA") regarding
amendments to the Transit Zoning Code and none of the conditions in Public Resources
Code section 21166 or State CEQA Guidelines 15162 apply. Thus, no further
environmental review is required as adoption of this Ordinance falls within the scope of
the adopted Addendum and previously certified EIR.
Section 2. The City Council of the City of Santa Ana hereby adopts the findings
contained in the attached Exhibit "A" to this Ordinance as if fully set forth herein.
Section 3. Section 41-2001 (Application of Article) of Chapter 41 of the Santa
Ana Municipal Code is hereby amended to read as follows:
"Sec. 41-2001. Application of Article
(a) The Transit Zoning Code, as authorized by Chapter 41, Article Ill, Division 26,
Section 41-593 et seq., of the Santa Ana Municipal Code (SAMC), is subject to the
standards and regulations contained in this Article for the express purpose of
establishing land use regulations and standards. All other applicable chapters,
articles, and sections of the SAMC and any other regulations adopted by the City
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Council shall apply unless expressly stated or superseded by this Article. All terms
contained herein shall be defined by the SAMC, unless specifically defined in this
Article.
(b) Proposed development, including the construction, reconstruction or structural
alteration of a structure, subdivisions, and new and existing land uses, whether
conforming or nonconforming, as defined in Section 41-126 of the SAMC, within
the specific development area shall comply with all the applicable regulations
established by this Article.
(c) The regulations contained in this Article shall also apply to:
1. A change in land use within an existing building; and
2. A change in tenancy within an existing building requiring issuance of
a new Certificate of Occupancy."
Section 4. Section 41-2001.5 (Organization) of Chapter 41 of the Santa Ana
Municipal Code is hereby amended to read as follows:
"Sec. 41-2001.5 Organization
(a) Regulating Plan and Zones Established: Sections 41-2006 through 2008 of this
Article defines the zones within the Specific Development (SD) boundaries of SD-
84, the parcels included within each zone, and describes, zone by zone, the
standards for building placement, design, and use consistent with the permitted
uses identified in Table 2A.
(b) Use Standards: Table 2A identifies the land use types allowed by the City in each
of the zones established by the Regulating Plan. A parcel within SD-84 boundaries
shall be occupied only by land uses identified as allowed within the applicable zone
and the type of City approval required by Table 2A.
(c) Urban Standards by Zone: Sections 41-2010 through 2015 of this Article regulates
the features of buildings that affect the public realm. The urban standards regulate
building and parking placement, height, and profile, and vary according to the
parcel's zone applied by the Regulating Plan. Standards for items not explicitly
described in this section, including but not limited to, walls and fences, mechanical
equipment, trash bin enclosures, heliport and helipad, underground utility,
installation of dish antennas, loading areas, parking lot design standards, refer to
other Sections of Chapter 41 of the SAMC and the Citywide Design Guidelines.
(d) Architectural Standards: Sections 41-2020 through 2039 regulates the manner in
which individual parcels and blocks are developed to create diverse and
pedestrian-oriented development, through the use of three main components:
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(1) Sections 41-2020 through 2032 building types (e.g., duplex, rowhouse,
courtyard housing)
(2) Sections 41-2033 through 2039 frontage types (e.g., front yard/porch, stoop,
arcade, shopfront)
(3) Section 41-2040 (Table 4.3A) architectural styles (e.g., Main Street
Commercial, Mission Revival, Art Deco, Folk Victorian, Craftsman, California
Contemporary).
(e) Sign Standards: Section 41-2050 regulates all signage within the SD boundaries
to be consistent with the character described for each zone.
(f) Subdivision Guidelines: Establishes guidelines for the creation and maintenance
of a finely grained and walkable network of blocks punctuated by integral and
varied open spaces.
(g) Street Network Concepts: identifies conceptual location and guidelines for the
street network. This section provides guidelines for the rights-of-way alignment,
and width in plan and section with the corresponding details.
(h) Definitions: Sections 41-2080 identifies and defines the terms used in this Code."
Section 5. Section 41-2002 (Nonconforming Buildings, Structures and Uses) of
Chapter 41 of the Santa Ana Municipal Code is hereby amended to read as follows:
"Sec. 41-2002. Nonconforming Buildings, Structures and Uses
(a) A nonconforming building, structure or use shall comply with Article VI of this
Chapter, except as provided below:
(1) A building or structure that does not conform to the architectural style or story
height requirements of this Article shall not cause the structure to be non-
conforming.
(2) A nonconforming building, structure or use shall not be required to conform to
current zoning regulations based solely upon a change in ownership of the
property, except as otherwise provided in this Article.
(3) A sale, lease or other transfer of a property containing a nonconforming
building, structure or use does not trigger the loss of nonconforming status,
except as otherwise provided in this Article.
(4) Sections 41-681.1 through 41-681.4 and 41-683.6 of Article VI of this Chapter
shall not apply to buildings, structures and uses addressed within this Article or
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building, structures, and uses within SD-84, nor to existing accessory dwelling
units (ADUs) permitted by the City of Santa Ana before the amendment to this
Article.
(5) Rehabilitation, enlargement or structural alterations of any nonconforming
structure or structure occupied by a nonconforming use, except for structures
occupied by single family and two-family dwellings, may be made as follows:
a. Rehabilitation, limited to structural or non-structural alterations without any
building expansion and without any intensification of a nonconforming use,
is permitted if:
1. The operational standards contained in Section 41-2008, as applicable,
of this Article are met.
2. All signage on the structure and the site on which it is located is brought
into conformity with the signage requirements of this Chapter, as
approved by the Executive Director of the Planning and Building Agency,
or designee.
3. All outdoor storage is screened by a solid screen wall not to exceed eight
(8) feet in height. Outdoor storage shall not exceed the height of the
screen wall.
4. There shall be no increase in the number of dwelling units unless the site
on which the structure is located complies with the off-street parking and
open space requirements of this Chapter.
5. Architectural massing, features and detailing shall be modified to bring
the structure into closer compliance with the architectural standards of
this Article, as approved by the Executive Director of the Planning and
Building Agency, or designee.
b. Rehabilitation may include expansion of floor area without intensification of
the nonconforming use when the total floor area does not exceed ten (10)
percent of the floor area as it legally existed as permitted and constructed
as of April 15, 2025, provided that the following standards are met:
1. The existing use is not a nonconforming industrial use. Nonconforming
industrial uses may not be expanded.
2. The operational standards contained in Section 41-2008 are met.
3. All signage on the structure and the site on which it is located shall be
brought into conformity with the requirements of this Chapter as
approved by the Executive Director of the Planning and Building Agency,
or designee.
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4. There shall be no loading or unloading of vehicles between the hours of
10 pm and 7 am.
5. All outdoor storage is screened by a solid screen wall not to exceed eight
(8) feet in height. Outdoor storage shall not exceed the height of the
screen wall.
6. There shall be no enlargement which would intrude into any required
setback area required by this Article.
7. There shall be no enlargement which would result in a new
nonconforming condition in violation of the requirements of this Chapter.
8. Off-street parking shall be provided in conformance with the
requirements of this Chapter.
9. Landscaping shall be improved to bring the site on which the structure
is located into closer compliance with the landscaping requirements of
this Chapter, as approved by the Executive Director of the Planning and
Building Agency, or designee.
10.Architectural massing, features and detailing, shall be modified to bring
the structure into closer compliance with the architectural standards of
this Chapter, as approved by the Executive Director of the Planning and
Building Agency, or designee.
(6) Rehabilitation, enlargement or exterior structural alterations of buildings
occupied by a single family and two-family dwellings is permitted subject to the
following:
a. Structural alterations and additions may be made 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 that five-year period, provided the number of dwelling units is not
increased; and no new non-conformances with the requirements of this
Chapter are created.
b. 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; or
remodeling which involves the demolition of more than fifty (50) percent of
the building shall be permitted; provided that the following conditions are
met:
1. Off-street parking shall be provided in conformance with the
requirements of this Chapter.
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2. No new nonconformities with the requirements of this Chapter are
created.
3. A minimum of eight hundred (800) 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.
c. Where rehabilitation of a building involves more than fifty (50) percent of a
building wall which encroaches into a front or side yard setback and 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.
d. An existing two-car garage with a minimum dimension of eighteen (18) feet
by eighteen (18) feet exterior dimension shall be considered conforming.
e. Remodeling 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, as determined by the Executive Director
of the Planning and Building Agency, or designee.
f. No provision contained in this Article shall be interpreted or implemented in
a manner inconsistent with State law addressing accessory dwelling units,
as contained in Government Code Section 66310, et. seq. as amended from
time to time.
(7) Discontinuance of Nonconforming Uses, Generally. Nonconforming uses shall
be discontinued pursuant to Sec. 41-683 (Discontinuance of nonconforming
building or use) of this Chapter, regardless of intent, except as provided below:
a. Discontinuance of Noxious Use.
1. If a nonconforming industrial use that meets the definition of a Noxious
Use as defined in this Article requires a new certificate of occupancy for
any reason other than a change in business name with no change in
owner of the business, legal nonconforming status shall be lost and any
subsequent use must conform in every respect to the provisions of this
Article.
2. If a nonconforming industrial use that meets the definition of a Noxious
Use as defined in this Article is determined to be in violation of any
applicable Federal, State, or local regulation, as provided below, legal
nonconforming status shall be lost and any subsequent use of the
building shall conform in every respect to the provisions of this Chapter:
A. The violation lasts a period of thirty (30) consecutive days; or
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B. The violation(s) are observed and documented for a total period of
sixty (60) days in a one-year period; or
C. Three noncompliant notices from a Federal, State, or local regulatory
agency relating to or arising from the nonconforming use are sent in
a one-year period.
3. For the purpose of this subsection (7) a. 2.:
A. The thirty (30) consecutive day time period shall be measured from
the date of the first observed and documented violation.
B. A one-year period shall be the twelve (12) consecutive months of
time preceding the sixtieth (60th) day of total violations; or the twelve
(12) consecutive months of time preceding the issuance of the third
(31d) noncompliant notice.
C. Local regulations mean the SAMC, including, but not limited to, the
operational standards contained in Section 41-2008 (m) of this
Article.
D. A local regulatory agency includes the City, County of Orange,
special districts, or any other local government agency charged with
regulating noxious uses.
E. Noncompliant notices may include, but are not limited to, Notice to
Comply and Notice of Violation as issued by the South Coast Air
Quality Management District (SCAQMD), Department of Toxic
Substances Control (DTSC), California Environmental Protection
Agency (CalEPA), Certified Unified Program Agency (CUPA), and
Santa Ana Regional Water Quality Control Board (SARWQB).
(8) Elimination of Noxious Uses and Structures.
a. Elimination of Noxious Uses and Structures, Generally.
1. The City Council has determined that elimination of noxious uses and
structures by amortization may be considered based upon one or more
of the following factors:
A. The threat to the public health, safety, and welfare posed by the
continuance of the noxious use or structure;
B. Adaptability of the land and improvements to a currently permitted
use;
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C. Compatibility with the existing land use patterns and densities of the
surrounding neighborhood;
D. Excessive calls for service to applicable response agencies related
to the operation of the noxious use; and
E. Failures to remedy notices of violation, administrative warnings, or
other notices of noncompliance issued by a Federal, State, or focal
agency, including the City.
2. The Executive Director of the Planning and Building Agency, or
designee, in conjunction with other City Departments and Agencies,
may establish, and periodically update, a list or data resource that
identifies categories of noxious uses or structures with specific metrics
and operational characteristics, to develop a ranking system for use in
the consideration of eliminating noxious uses or structures through
amortization.
3. The determination of an appropriate amortization period for termination
of a noxious use pursuant to this Article shall be made by a Hearing
Officer retained by the City and who has professional legal and land use
experience to address amortization. The Hearing Officer shall order
noxious uses and structures to be discontinued and removed from their
sites within a period determined pursuant to the process set forth in
Subsection b (Establishment of Amortization Periods), and consider the
following:
A. If the noxious user has not made a substantial investment in
furtherance of the use or structure, or if the investment can be
substantially utilized or recovered through a currently permitted use,
the order may require a noxious use or structure to be discontinued
and removed from their site within a minimum of one year after the
date of the order.
B. If the noxious user has made a substantial investment in furtherance
of the use or structure, or if the investment cannot be substantially
utilized or recovered through a currently permitted use, the order may
require the discontinuation and removal of the noxious use or
structure within a longer reasonable amount of time.
C. Noxious uses or structures that are determined to be an imminent
threat to the public health or safety may be subject to immediate
cessation and removal, pursuant to Chapter 1 (General Provisions)
of the SAMC.
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4. Noxious uses and structures may also, upon order from the City or a
court order, be subject to immediate cessation and removal of the
nonconforming use or structure.
b. Establishment of Amortization Periods. Where a period during which a
noxious use or structure is to be discontinued and removed from a site or
sites is required pursuant to this Article, such period shall be established as
follows:
1. The Executive Director of the Planning and Building Agency, or
designee, shall submit the noxious use or structure and a recommended
amortization period, based on subsection 4. herein, to a Hearing Officer
pursuant to Chapter 3 of the SAMC for review;
2. The Hearing Officer shall hold a noticed hearing to consider the
recommended amortization period. Notice of the hearing shall be
provided to the owner or operator of the noxious use or structure and
the property owner at least ten (10) days prior to the hearing. Additional
notice may also be provided to surrounding property owners and/or
tenants, at the discretion of the Executive Director of the Planning and
Building Agency, or designee.
3. The Hearing Officer shall consider the recommendations submitted by
the Executive Director of the Planning and Building Agency, the General
Plan of the City, and any testimony or evidence provided during the
hearing, in order to determine the amortization schedule for elimination
of the noxious use or structure.
4. The Hearing Officer shall establish a maximum amortization period
during which the noxious use or structure shall be permitted to continue
after considering the following in relation to the use or structure:
A. The amount of investment or original cost of the use or structure;
B. The present actual or depreciated value of the use or structure;
C. The remaining useful life of the use or structure;
D. The remaining term of the lease (if applicable);
E. The date or dates of construction;
F. Amortization of the business or structure for tax purposes;
G. The salvage value;
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H. Adaptability of the land and improvements to a currently permitted
use;
I. Cost of moving and reestablishing the use elsewhere;
J. Compatibility with the existing land use patterns and densities of the
surrounding neighborhood;
K. The threat to the public health, safety, and welfare posed by the
continuance of the noxious use or structure;
L. Calls for service to applicable response agencies;
M. Notices of violation, administrative warnings, or other notices of
noncompliance arising from or related to the noxious use issued by
a Federal, State, or local agency, including the City; and
N. Other factors as appropriate.
c. Hearing Officer Determination and Compliance. The determination of the
Hearing Officer shall be made in writing and shall be final.
1. Notice of Amortization and Termination of Use. The Executive Director
of the Planning and Building Agency, or designee, shall give notice by
certified mail of the date upon which an amortization period will end to
each owner of record whose property, or use of property, is not in
conformance with the regulations of this Article, in those instances
where an amortization period has been determined pursuant to this
Article. Such notice shall be sent within ten (10) days of the
determination of the Hearing Officer. If the amortization period ends
before or less than six (6) months after providing such notice, the notice
shall be given that the amortization period in each instance shall be not
less than six (6) months from the date the notice is sent. The notice shall
set forth all pertinent provisions of this Article, including the declared
purposes thereof and the approved amortization term. Failure to send
notice by mail to any such owner where the address of such owner is
not a matter of public record shall not invalidate any proceedings under
this Article. The Executive Director of the Planning and Building
Agency, or designee, shall be authorized record a Notice of Amortization
Term &Termination of Use with the County Recorder, as provided for in
California Government Code Section 27201(a).
2. Notice of Termination and Order to Comply and Conclusion of
Amortization Period. Notice of Termination of a noxious use and order
to comply shall be served by the Executive Director of the Planning and
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Building Agency, or designee, at the end of the amortization period upon
the owner of record whose property contains such noxious use. In those
instances, where the Executive Director of the Planning and Building
Agency, or designee, is unable with reasonable effort to serve such
notice to the property owner, such notice and order shall be served
within thirty (30) days of the end of the amortization period by delivering
same to an occupant of the structure containing the noxious use.
3. Request for a Continuance of a Noxious Use Beyond Period of
Amortization Period. A request for a continuance of a noxious use
beyond the period of amortization may be granted as follows:
A. Grounds for Continuance. A noxious use or structure may be
maintained for a reasonable time beyond its period of amortization
as specified in this Article if the Executive Director of the Planning
and Building Agency, or designee, makes the following
determinations:
i. Special Circumstances. That special circumstances apply to any
such use or structure that do not apply generally to others
affected hereby; and
ii. Compatibility with Public Welfare. That such a continuance for a
prescribed period of additional time is in the public interest and
will be reasonably compatible with, and not detrimental to, the
use of adjacent properties.
B. Application Process for Continuance. Any application for a
continuance of a noxious use or structure must be filed with the
Planning Division no later than thirty (30) days following the service
of a Notice of Termination and Order to comply, or within thirty (30)
days following the continued termination date. An application for a
continuance may be filed by the owner of the property, a person with
a power of attorney from the owner of the property, or a lessee, if the
terms of the lease permit the existing use. Fees shall be required in
accordance with this Code.
C. Determination by Executive Director of the Planning and Building
Agency, or designee. Upon filing of a complete application, the
Executive Director of the Planning and Building Agency, or designee,
shall investigate the matter, give proper notice to the applicant, hold
an administrative hearing and make a decision thereon based on the
criteria set out in this Section and supported by written findings of
fact within seventy-five (75) days from the date the application is
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filed, or within such extended period of time as may be mutually
agreed upon by the applicant and the Executive Director of the
Planning and Building Agency, or designee. The Executive Director
of the Planning and Building Agency, or designee, may impose such
conditions, including additional time extensions not to exceed two (2)
additional years, as may be deemed necessary for the compatibility
of such a noxious use with adjacent properties.
D. Appeals. Appeals shall be filed in accordance with Chapter 3 of the
Santa Ana Municipal Code.
4. Failure to Comply with Hearing Officer's Determination. Failure to
comply with the Hearing Officer's determination to discontinue a noxious
use or structure shall constitute a violation of this Chapter and is subject
to fines and enforcement provisions of Sec. 1-8 of the SAMC.
5. Failure to Terminate Use at Conclusion of Amortization Period. The
failure to terminate a noxious use at the conclusion of an approved
amortization period shall be deemed a public nuisance in accordance
with California Government Code, Section 38771. The City is hereby
authorized to abate the nuisance in accordance with Chapter 17 of this
Code or may pursue any alternative remedy to abate the use authorized
by this Code or State law.
d. Additional Administrative Policies and Procedures. The Executive Director
of the Planning and Building Agency, or designee, may enact and shall
publish any additional administrative policies and procedures to effectuate
the purposes of this Chapter, including, but not limited to, administrative
policies and procedures to govern the selection of a neutral hearing officer
and the conduct of hearings for the Establishment of Amortization Periods
in order to implement the provisions of this Article.
(9) Abatement. The provisions of this Section are in addition to authority existing
under State law to declare and abate a public nuisance pursuant to California
law and other applicable provisions of the SAMC. In the event that a legal
nonconforming structure or use is found to constitute a public nuisance,
appropriate and alternative action may be taken by the City pursuant to Chapter
1 (General Provisions) of the SAMC and Article VIII (Enforcement) of this
Chapter).
(10) Exception. The provisions of this section shall not apply to multifamily dwellings
damaged or destroyed by fire in accordance with Government Code Section
65852.2.
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(11) Voluntary Compliance Agreement. The Executive Director of the Planning and
Building Agency, or designee, is hereby authorized to enter into a Voluntary
Compliance Agreement with a business owner or property owner in order to
establish terms for compliance with the provisions of this Article."
Section 6. Section 41-2004 (The Industrial Overlay (I-OZ) Zone) of Chapter 41
of the SAMC is hereby amended to read as follows:
"Sec. 41-2004 Reserved."
Section 7. Section 41-2005 (Application for Discretionary Approvals) of Chapter
41 of the Santa Ana Municipal Code is hereby amended to read as follows:
"Sec. 41-2005. Application for Discretionary Approvals
(a) Site Plan Review shall mean specific development plan and shall comply with
Sections 41-593.4 through 41-593.6. Sections 41-593.4 through 41-593.6 shall
only apply to structures over four (4) stories in height.
(b) Conditional use permits, variances and minor exceptions. Conditional use permits,
variances and minor exceptions shall be subject to Article V of this Chapter, except
for the permit thresholds for minor exceptions shall be as identified in Table 1 B of
this Article.
(c) Effect of amendments to this Article on applications in progress shall apply as
follows:
(1) Discretionary Applications Submitted and Determined Complete. All
discretionary permit applications that are active and that have been determined
to be complete before the effective date of the Article or any amendment, shall
be processed in compliance with the requirements in effect when the
application was deemed complete, and pursuant to all requirements of Section
41-2008.
(2) Approved Projects Not Yet Under Construction. Any structure authorized by a
discretionary permit or approval of a land use as allowed by this Article for
which a Building Permit application has been submitted or a Building Permit
has been issued may be constructed in compliance with the permit or approval,
as long as construction is completed and the approved land use is established
before the expiration of the permit or, where applicable, before the expiration
of any approved time extension.
(3) Project Under Construction. A project for which a Building Permit has been
issued may be continued and completed in compliance with the plans and
specifications upon which the permit was issued."
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Section 8. Section 41-2006 (Zones Established) of Chapter 41 of the Santa Ana
Municipal Code is hereby amended, including the replacement of Figure 2.1, to read as
follows:
"Sec. 41-2006. Zones Established
(a) Purpose. This section establishes the zones applied to property within the plan
area by the Regulating Plan. The Regulating Plan divides the plan area into
separate zones that are based on a transect of intensity within the plan area that
ranges from the most urban types of development and land use to the least urban
types, with most zones providing for a significant mixture of land uses within them.
This approach differs from conventional zoning maps that typically divide cities into
zones that rigidly segregate residential, commercial, industrial, and institutional
uses into separate areas, and thereby require residents to drive for nearly all daily
activities. The use of zones based on development intensity (instead of land use
zones) as the spatial basis for regulating development, directly reflects the
functions of, and interrelationships between, each part of the plan area. The zones
also effectively implement the City's urban design objectives for each part of the
plan area, to establish and maintain attractive distinctions between each zone. This
is why some parcels are zoned with more than one zone. In such cases, the zoning
is divided along a clear boundary such as the middle of a block.
The zones of this Regulating Plan allocate architectural types, frontage types, and
land uses within the plan area, as well as providing detailed standards for building
placement, height and profile. Figure 2.1 identifies the eight (8) zones applied
within the plan area as they relate to existing rights-of-way and parcels.
(b) Zones established. The following zones are applicable to this specific plan, and
applied to property within the boundary as shown on the Regulating Plan.
(1) Transit Village (TV) Zone.
The Transit Village zone is intended to provide standards for compact transit-
supportive mixed-use/residential development. This zone is characterized by a
wide range of building intensity, including mixed-use tower-on-podium
buildings, flex blocks, liners, stacked flats, and courtyard housing. The zone
accommodates retail, restaurant, entertainment, and other pedestrian-oriented
uses at street level, with offices and flats above in the mixed-use building types,
at high intensities and densities. The landscape palette is urban, with shading
and accent street trees in parkway strips along Santa Ana Boulevard, and in
sidewalk tree wells where on-street parking is provided. Parking is
accommodated on-street, in structures with liner buildings, and underground.
(2) Government Center (GC) Zone.
This area accommodates a wide variety of civic uses, including Federal, State,
and local government offices and services, libraries, museums, community
centers, and other civic assembly facilities and is identified, but not regulated,
by this Article. Refer to City requirements as identified in SAMC Chapter 41.
Building types vary according to their public purpose, are programmed by the
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various government agencies for their specific sites, and therefore are not
coded by this Article. The landscape style is urban, emphasizing shading street
trees in sidewalk tree wells, and in landscaped public plazas.
(3) Downtown (DT) Zone.
This zone is applied to the historical shopping district of Santa Ana, a vital,
pedestrian-oriented area that is defined by multi-story urban building types (flex
blocks, live-work, stacked dwellings, and courtyard housing in the Downtown
edges) accommodating a mixture of retail, office, light service, and residential
uses. The standards of this zone are intended to reinforce the form and
character represented by pre-World War II buildings and recognized as a
National Historic District, through restoration, rehabilitation, and context-
sensitive infill. The standards also facilitate the replacement or improvement of
post-war development that eliminated the pedestrian orientation of various
downtown blocks (for example, parking structures with no features of
pedestrian interest along their entire lengths). The landscape style is urban,
emphasizing shading and accent street trees in sidewalk tree wells. Parking is
accommodated on-street and may also be in structures with liner buildings,
underground, and within block centers in surface lots not visible from streets.
(4) Urban Center (UC) Zone.
This zone is applied to the area surrounding the Downtown, which serves as a
transitional area to the surrounding lower intensity neighborhoods and to other
areas where mixed-use and multi-unit residential buildings create a pedestrian-
oriented urban fabric. The zone provides for a variety of non-residential uses
and a mix of housing types at medium intensities and densities. Besides
accommodating community serving businesses, this zone may also serve the
daily convenience shopping and service needs of nearby residents. Building
types include mixed-use Flex Blocks, stacked flats, live-work, row- houses, and
courtyard housing. The landscape is urban, emphasizing shading street trees
in sidewalk tree wells. Parking is accommodated on-street and may also be in
structures with liner buildings and underground in areas adjacent to the DT
zone, and in surface lots away from street frontages.
(5) Corridor (CDR) Zone.
This zone is applied to properties fronting existing commercial corridors and
provides standards to improve pedestrian-orientation in a transit-supportive,
mixed-use area. Mixed-use flex block and live-work building types are at or
near the sidewalk, and accommodate street level retail, service, and office
uses, with office and residential above. The landscape style is urban,
emphasizing shading street trees in sidewalk tree wells. Parking is
accommodated on-street, and in screened surface lots between buildings, or
away from streets, with no more than half the site frontage occupied by parking.
(6) Urban Neighborhood 2 (UN-2) Zone.
This zone is applied to primarily residential areas intended to accommodate a
variety of housing types, with some opportunities for live-work, neighborhood-
serving retail, and cafes. Appropriate building types include single dwellings,
duplexes, triplexes and quadplexes, courtyard housing, rowhouses, and live-
Ordinance No. NS-3081
Page 15 of 49
work. In some areas, the more intense, hybrid court building type is allowed
where additional intensity is warranted while maintaining compatibility with
neighboring properties (see Regulating Plan). The landscape is appropriate to
a neighborhood, with shading street trees in parkway strips, and shallow- depth
landscaped front yards separating buildings from sidewalks. Parking is on-
street, and in garages located away from street frontages.
(7) Urban Neighborhood 1 (UN-1) Zone.
This zone is applied to existing primarily residential areas and is intended to
strengthen and stabilize the low intensity nature of these neighborhoods.
Appropriate building types include single dwellings, duplexes, triplexes, and
quadplexes, and live-work. The landscape is appropriate to a neighborhood,
with shading street trees in parkway strips and landscaped front yards
separating buildings from sidewalks. Parking is on-street, and in garages
located away from street frontages.
(8) Open Space (0) Zone.
This zone identifies areas reserved for community parks and other open spaces
and is identified, but not regulated, by this Article. Refer to City requirements
as identified in SAMC Chapter 41 . Allowable structures in this zone are limited
to those necessary to support the specific purposes of the particular open
space area (e.g., sport-court enclosures and multi-purpose buildings in active
parks, and trails within passive parks)."
Figure 2.1 Regulating Plan with Existing R.O.W.
- ` ;-- -
7' �,Jl i i PT-
.Feet r fr
0 275 550 1.100 law 222 a z750 J I i
—IT I E _ w E
ILI _ -
�_ f T t r
, L T s
1 r n- -
rid — -- — I
I { I
IT IIz L I F
_ T
-
I:
I
MIS is=}MI M-1 _1�- I I_ � iu�
! I T I �, _T r i E
-1r
Transit Zoning Code SD-84
Proposed Zoning Designations
Ordinance No. NS-3081
Page 16 of 49
Section 9. Section 41-2007 (Uses Permitted) of Chapter 41 of the Santa Ana
Municipal Code is hereby amended to read as follows:
"Sec. 41-2007. Uses Permitted.
(a) Allowable Land Use Types. A parcel or building within the SD-84 area shall be
occupied by only the land uses allowed by the table entitled Use Standards
(hereinafter Use Standards Table) within the zone applied to the site by the
Regulating Plan.
(b) No building shall be erected, constructed, reconstructed or structurally altered
except in conformance with the provisions contained herein; nor shall any building
or land be used for any purpose other than that which is permitted in the district or
modified district in which such building or land is located. All uses, as defined in
this Article, not expressly permitted in any district enumerated in Table 2A, are
prohibited.
(c) Garage sales are allowed in compliance with Section 41-193.
(d) Temporary outdoor activities are allowed in compliance with Section 41-195.5.
(e) Youth amusement rides are permitted in compliance with Section 41-366 for C1
districts.
(f) Drive-through facilities shall not be permitted.
(g) The conversion of existing structures containing residential land uses to non-
residential land uses is prohibited in the UN-1 zone.
Table 2A— Use Standards
............�W....-........-...wmmm......_._...._m..:....r�..........n.......:.......__._,_�...__....�HM_.�tiM._... ._... ._.._._._m..._.�.A,_�.D ..M._A_.�..�e._a�_.�.,..._. .:.:..m.m.._.w....,._
Land Use Type Permit Required by Zone
�N�DT UC„ -CDRUN-2 UN-1
RESIDENTIAL
Live-Work Use I Joint living-working quarters P(2) P(2) P(2) P(2) CUP CUP
Care Homes CUP CUP CUP CUP CUP CUP
Single Dwelling � --- --- --- --- P P
Multi-Family Dwellings P(1) P(1) P(1) P(1} P P
Ordinance No. NS-3081
Page 17 of 49
Table 2A Use Standards
w _.. _ _ ._. _ _.,.......... -_ a _..._.
Land Use Type Permit Required by Zone
.w._. ..._. _ _..... .., _ ..,.TV.. DT.:
RECREATION, EDUCATION AND ASSEMBLY
Community assembly P (1) P ('!} P (1) P CUP CUP
Health/fitness facility a P _ P P P CUP ---
Library, museum P P P P P CUP
Schools � P (1) P (1) P (1) P CUP CUP
Studio P P P P CUP CUP
Trade School P (1) P (1) P (1) P (1} CUP .---
Theater, cinema or performing arts P P P P CUP ---
Commercial Recreation (Indoor) up to 5,000 P P P --- P ---
Lvare feet maximum floor area per tenant
Commercial Recreation (Indoor) > 5,000 CUP CUP CUP -- CUP -—
square feet floor area er tenant m�.. � _ �-.v� .,.
Table 2A— Use Standards _
Lan�d Use Type .e..m..�....M.�.,_......_..- Permit Required by Zone
_. .. ._. m_ TV DT . UC_..._CDR UN 2 UN 1
RETAIL
General retail, except with any of the fallowing P P P P P (2) -�-
features
Floor area over 20,000 per tenant CUP CUP P --- CUP ---
Artisanlcraft product— limited on-site CUP CUP CUP --- CUP ---
roduction
Eating establishments P P P P P (2) ---
Table 2A- Use Standards.-
_.......... -.......-....m..._. Land UseType �.�.�__..�.Permit Required by Zone .,�.....
TV DT UC CDR UN 2 UN-1
SERVICE GENERAL
Banquet facility/catering-sub. to 41.199.1(a) CUP CUP CUP- CUP
through (d) (1)
Day care center P (3) P (3) P P CUP CUP
Ordinance No. NS-3081
Page 18 of 49
Table2A-- Use Standards-..�. ,..����_v��_..v.r.._,�.._._,._�.__._.,�.__..__..��_s.✓._.,�,_. r.-,r._.,-.x,�...�_�.�...�.�....._
..m.._........_..___. .�.�
Land Use Type Permit Required by Zone
TV DT UC CDR UN-2 UN-1
dult day care center-subject to 41.199.2 of the P (3) P (3} P P P ---
SAMC
Hotel, excludes transient residential hotel and P P P �P --- ---
long-term stay
Personal services � P P� P P P {2) P (2)
Personal services - restricted --- --- CUP CUP CUP ---
Pet day care facility CUP CUP CUP PCUP CUP _ ---
Tattoo/Body -Art Establishments - subject tc P P ---
41.199.3 of the SAMC
Craft and specialized automotive restoration --- P P P CUP ---
service
Table 2A— Use Standards�
Land Use Type Permit Required by Zone
TV DT UC CDR UN-2 UN-1
BUS IN ESS-F I NANC IAL-PROFESS I O NAL-TECH N O LOGY
Bank, financial services P P P P --- ---
Business support service P P P P P (2) P (2)
Clinic, urgent care --- --- CUP P ---
Doctor, dentist, chiropractor, etc., office P (1) P (1) P (1) P ---
Laboratory-- medical -- analytical --- P (1) P (1) P ` CUP ---
Media production — office or storefront type (no P P P (1) --- P ---
soundstage)
Professional / administrative/service office P (1) P (1) P (1) P P (2) P (2)
Research and development P (3) --- P (3) --- CUP ---
Ordinance No. NS-3081
Page 19 of 49
Table 2A— Use Standards
Land Use Type Permit Required by Zone
TV DT UC CDR UN-2 UN-1
TRANSPORTATION, COMMUNICATION, INFRASTRUCTURE
Helistops CUP CUP ---
Parking facility - public or commercial, inclusive P P P P --- ---
of ancillary recharging spaces for electric
vehicles
Transit station or terminal CUP '~ --- --- CUP --- ---
Public utility structure, excluding wireless --- --- --- --- CUP ---
communication facilities
Table 2A — Use Standards
Land Use Type Permit Required by Zone
TV DT UC CDR UN-2 UN-1
MISCELLANEOUS
Any structure over four (4) stories in height SPR SPR SPR SPR SPR j ---
Businesses operating between 12 and 7 am CUP CUP CUP CUP CUP CUP
Alcoholic beverage sales or consumption CUP CUP CUP CUP CUP ---
Expansion of existing, legally established self --- --- --- --- CUP ---
storage facility
Drive-thru facility - --- --- --- --- ---
Key
P use is permitted subject to compliance with all appli-
(1) Use permitted only on second or cable provisions the Santa Ana Municipal Code
upper floors,or behind retail or ser-
vice ground floor use- LUC use is permitted subject to the approval of a Land
Use Certificate.
(2) Permitted only as part of a vertical
mixed use Project,with upper floor CUP use is permitted subject to the approval of a
residential Conditional Use Permit-
(3) Permitted only as part of a mixed use SPR use is permitted subject to the approval of Site Plan
project with a commercial or residen- Review_
tial component
--- use not permitted in particular zones.
Ordinance No. NS-3081
Page 20 of 49
Section 10. Section 41-2008 (Operational Standards) of Chapter 41 of the Santa
Ana Municipal Code is hereby amended to read as follows:
"Sec. 41-2008. Operational Standards for Permitted Uses. Section 41-2008 outlines the
general operational standards applicable to all permitted or conditionally permitted
nonresidential uses listed in Table 2A-Use Standards of Section 41-2007 (Uses
Permitted).
(a) All property shall be maintained in a safe, sanitary and attractive condition
including, but not limited to, structures, landscaping, parking areas, walkways, and
trash enclosures.
(b) All business activities shall be conducted and located within an enclosed building,
except as allowed by Section 41-195 of the SAMC and except that the following
business activities may be conducted outside of an enclosed building:
(1) Newsstands
(2) Flower Stands
(c) There shall be no manufacturing, processing, compounding, assembling or
treatment of any material or product.
(d) There shall be no work inside of a structure that generates noise that exceeds 60
dB CNEL measured at the exterior wall of the individual tenant unit of a structure.
(e) Storage of goods and supplies shall be limited to those sold at retail on the
premises or utilized in the course of business.
(f) Public utility structures, including electric distribution and transmission substations
shall be screened by a solid wall at least eight (8) feet high, except as restricted by
Sections 36-45, 36-46, and 36-47.
(g) Any activity permitted shall be conducted in such a manner as not to have a
detrimental effect on permitted adjacent uses by reason of refuse matter, noise,
light, or vibration.
(h) Artisan/craft product - limited on site production and research and development
land uses shall require a solid wall or fence not less than eight (8) feet in height
along any rear or side lot line.
(i) All business activities, including, but not limited to, compounding, processing,
packaging or assembly of articles of merchandise and treatment of products shall
be conducted within a completely enclosed building. No ancillary vehicle
maintenance or repair shall be allowed on site.
Ordinance No. NS-3081
Page 21 of 49
Q) Loading areas shall not be visible from streets. Loading areas not facing a street
shall be setback at least thirty-five (35) feet from the property line.
(k) No business activity that generates noise or vibration shall be conducted
between 8:00 p.m. and 7:00 a.m. Monday through Friday and 8:00 p.m. and
10:00 a.m. Saturday and Sunday.
(1) Automobile servicing uses including nonconforming establishments, shall comply
with the following operational standards:
(1) No automobile servicing shall be conducted before 7:00 a.m. or after 8:00 p.m.
Monday through Friday and before 10:00 a.m. or after 8:00 p.m. Saturday and
Sunday.
(2) All work shall be conducted inside an enclosed structure.
(3) Outdoor or overnight vehicle storage is not permitted."
(m) In addition to the operational standards listed above, with the exception of
subsection (c), the following shall apply to nonconforming industrial uses:
(1) The purpose of these operational standards is to protect and improve the living
and working environment, the appearance of the community, reduce or
eliminate nuisance conditions, and minimize the impacts of industrial uses on
adjacent properties.
(2) These standards are in addition to the operational standards established
above, and shall apply to all nonconforming industrial uses, including those
existing industrial uses that become nonconforming at the effective date of any
implementing ordinance.
(3) Land or buildings shall not be used or occupied in a manner creating any
dangerous, injurious, or noxious fire, explosive or other hazard that would
adversely affect the surrounding area.
(4) If any nonconforming use that operates in an unlawful manner, including but
not limited to: frequent code violations, police calls, or loitering complaints
relating to the nonconforming use, or is not in good standing with the City,
including, but not limited to violations of Chapter 16 of the Santa Ana Municipal
Code or public nuisances as defined and addressed by Chapter 17 of the Santa
Ana Municipal Code will lose its nonconforming status, enabling the City to take
corrective action as it deems appropriate, including initiating a hearing to
consider business license revocation and/or terminating utility services or
connections. For the purposes of this section, "frequent" is defined as more
than one(1)violation, tail, or complaint per month during any twelve (12) month
period, and "constant service calls" is defined as more than one (1) service call
per month relating to or arising from the nonconforming use during any twelve
(12) month period.
Ordinance No. NS-3081
Page 22 of 49
(5) Enclosed Operations.
a. All business activities, including, but not limited to, compounding,
processing, packaging, or assembly of articles of merchandise
and treatment of products shall be conducted within a completely
enclosed building.
b. No automobile service or repair of any kind shall be allowed
outdoors on site.
(6) Air Emissions and Dust
a. No land use shall generate or cause any visible dust, gases, or
smoke to be emitted into the atmosphere.
b. Uses, activities, and processes shall not operate in a manner that
emit dust, fumes, odors, smoke, or particulate matter, unless
authorized under Federal, State, or local law. Sources of air
emissions shall comply with all rules established by the
Environmental Protection Agency (Code of Federal Regulations,
Title 40), the California Air Resources Board, and the South Coast
Air Quality Management District.
(7) Light, Glare, and Heat
a. No direct or indirect glare or heat, whether from floodlights or from
high-temperature processes (including combustion or welding or
otherwise) shall be visible or felt at the property line.
b. To ensure that industrial development does not create light and
glare nuisances, the following performance standards shall be
observed:
1. Lighting must be shielded, boxed, or directed at a
downward angle so as to minimize the generation of
light and glare and to ensure that there is no spillover
of light and glare that will impact drivers or pedestrians
on the public streets, on-site activities, and adjoining or
nearby properties.
2. No activity shall be permitted which causes excessive
light and glare to be transmitted or reflected to
surrounding properties at a level resulting in
detrimental impacts to adjacent properties as
Ordinance No. NS-3081
Page 23 of 49
determined by the Executive Director of the Planning
and Building Agency, or designee.
c. Light sources shall generally not be permitted in landscaped,
buffer, or setback areas except for those illuminating pedestrian
walkways. Lighting used to illuminate parking areas shall be
designed, located, and installed to be shielded and down-lit and to
reflect away from any nearby residential areas. Lighting for
advertising signs shall not create glare or light which extends to
surrounding properties.
d. No use shall be operated such that significant, direct glare,
incidental to the operation of the use, is visible beyond the
boundaries of the lot where the use is located.
(8) Ground Vibration
a. No use shall generate ground vibration perceptible without
instruments at any point along the property line of the site except
for motor vehicle operations.
b. No vibration shall be produced that is transmitted through the
ground and is discernible without the aid of instruments by a
reasonable person at the property lines of the site. Vibrations from
temporary construction, demolition, and vehicles that enter and
leave the subject parcel are exempt from this standard.
(9) Materials or Waste Storage
a. No material or waste shall be deposited upon a subject parcel in
such form or manner that it may be transferred off the parcel by
natural causes or forces.
b. All materials or wastes which might cause fumes or dust, or which
constitute a fire hazard, or which may be edible by or otherwise be
attractive to rodents or insects shall be stored outdoors only in
closed containers.
(10) Hazardous Materials
a. Land or buildings shall not be used or occupied in any manner so
as to create any fire, explosive or other hazard. All activities
involving the use or storage of combustible, explosive, caustic, or
otherwise hazardous materials shall comply with all applicable
local, State, and Federal safety standards and shall be provided
with adequate safety devices against the hazard of fire and
explosion, and adequate firefighting and fire suppression
equipment in compliance with City of Santa Ana regulations. The
Ordinance No. NS-3081
Page 24 of 49
burning of waste materials in open fires without written approval
of the Fire Department is prohibited.
b. No activities shall be permitted which emit dangerous radioactivity
at any point nor shall electrical disturbances which adversely
affect the operation of any equipment, other than that of the
creator of such disturbances, be allowed.
c. No use, activity or process shall cause electromagnetic
interference with normal radio and television reception, or with the
function of other electronic equipment beyond the property line of
the site in which it is situated. All uses, activities and processes
shall comply with applicable Federal Communications
Commission regulations.
(11) Liquid and Solid Waste
a. Liquid or solid wastes discharged from the premises shall be
properly treated prior to discharge so as not to contaminate or
pollute any watercourse or groundwater supply or interfere with
bacterial processes in sewage treatment.
b. The disposal or dumping of solid wastes, such as slag, paper and
fiber wastes, or other industrial wastes, is prohibited.
c. Wastes shall be handled and stored so as to prevent nuisances,
health, safety, and fire hazards, and to facilitate recycling subject
to the review and oversight of the Fire Department. Closed
containers shall be provided and used for the storage of any
materials which by their nature are combustible, volatile, dust, or
odor producing or edible or attractive to rodents, vermin, or
insects.
(12) Site Maintenance. All industrial land uses shall be maintained in compliance
with Chapter 16 of the Santa Ana Municipal Code and not constitute public
nuisances as defined and addressed by Chapter 17 of the Santa Ana Municipal
Code at all times and consistent with project conditions of approval (if
applicable).
(13) Truck Parking and Loading
a. All truck parking areas must be on paved surfaces. The parking,
loading or unloading of trucks associated with a business on public
streets is prohibited.
b. Trucks idling is prohibited.
Ordinance No. NS-3081
Page 25 of 49
c. All truck parking and loading areas shall be maintained in good
condition as determined by the City. Annual inspections may be
conducted by the City to ensure compliance. Any violation or failure
to comply with any of the requirements of this Chapter shall be
deemed a nuisance.
Section 11. Section 41-2080 (Definitions) of Chapter 41 of the Santa Ana Municipal
Code is hereby amended to read as follows:
"Sec. 41-2080 - Definitions
(a) The words and phrases, shall be construed as defined in this Article, unless from
the context a different meaning is intended or unless a different meaning is
specifically defined and more particularly directed to the use of such words or
phrases. The words used in the present tense include the future tense, and words
in the singular number include the plural number. If any of the definitions in this
section conflict with definitions in Chapter 41 of the Santa Ana Municipal Code
(SAMC), these definitions shall control for the purposes of this Article. If any term
herein is not defined by this subsection, the definitions contained within Division 2
(Definitions) of Article I of Chapter 41 of the SAMC shall apply.
(1) Access (Direct): The physical pedestrian entrance to a unit that is provided
directly from the street or courtyard. Also described as walk-up access.
(2) Access (Point): The physical pedestrian entrance to a unit that is provided
through a common space, such as a lobby or corridor that connects directly to
the street or courtyard. Also described as non-walk-up access.
(3) Accessory Structure: An accessory structure or building is a detached building
or structure, or part of a building or structure, which is incidental or subordinate
to the main building, structure or use on the same lot or parcel of land, without
cooking facilities (e.g., storage shed, garage, gazebo), and is used exclusively
by the occupant of the main building.
(4) Alley: An alley is any public or private thoroughfare for the use of pedestrians
or vehicles, not less than ten (10) feet nor more than thirty (30) feet in width,
and is intended for service and only a secondary means of access to abutting
properties.
(5) Arcade: see `Frontage Types'
(6) Artisan/craft product - limited on-site production: A specialized commercial
facility with a retail-facing operation open to the public. Products are typically
made by hand or with a restricted level of automation demonstrating an artistic
skill. On-site production of artisan/craft product activities include design,
Ordinance No, NS-3081
Page 26 of 49
production, processing, printing, assembly, treatment, testing, repair, and
packaging, as well as any incidental storage. Typical artisan/craft products
include, but are not limited to, electronics, food products, furniture-making,
beverages, leather products, clocks and watches, jewelry, clothing/apparel,
metal work, furniture and fine woodworking, glass, ceramics, paper and paper
products, soaps, perfumes, and lotions, together with ancillary training and/or
educational program activities.
(7) Attic: The area found directly below the roof of a building and the ceiling of the
top floor. The attic shall be an uninhabitable area.
(8) Automobile repair: Automobile repair is the repair of motor vehicles, including
the repair or replacement of engines and transmissions, body and fender
repair, and the installation of non-factory installed products except those
permissible through automobile servicing as defined herein.
(9) Automobile service or automobile servicing: Automobile service or automobile
servicing is the servicing and minor repair of motor vehicles, including the
replacement of belts, hoses, batteries, tires, shock absorbers, oil and air filters,
chassis lubrication, air conditioning servicing, wheel alignments, replacement
of brake pads, and engine tune-ups.
(10)Bank, financial institution: An establishment for the custody, loan, exchange or
issue of money, for the extension of credit, and for facilitating the transmission
of funds. Excludes check rashers as defined by California Civil Code section
1789.31.
(11)Basement: That portion of a building between floor and ceiling which is either
totally or partly below grade and in compliance with the definition of basement
established in the California Building Code (CBC).
(12)Block: An area of land within a subdivision which area is entirely bounded by
streets, highways or ways, excepts alley and the exterior boundary of the
subdivision.
(13) Building Height: The vertical extent of a building measured in stories to the eave
of the highest story, not including a basement or an attic. Height limits do not
apply to masts, belfries, clock towers, steeples, equipment screening, chimney
flues, and similar structures. Building height shall be measured from the
average grade of the fronting thoroughfare curb level.
(14) Building Placement: The maximum horizontal envelope available for placing a
building on a lot.
(15) Building Type: A structure defined by the combination of configuration and
placement. The building types used in this Article are listed below:
Ordinance No. NS-3031
Page 27 of 49
a. Bungalow Court: A configuration of freestanding single units arranged
around a common, shared courtyard that is wholly open to the street. The
individual buildings are arranged next to each other to form the bungalow
court building type.
b. Courtyard Housing: A building type consisting of residences that can be
arranged in four possible configurations: townhouses, townhouses over
flats, flats, and flats over flats. The structures are arranged next to each
other, on one or more courts that are partly or wholly open to the street.
c. Duplex, Triplex, and Quadplex: Multiple dwelling forms that are
architecturally presented as large single-family houses in their typical
neighborhood setting.
d. Flex Block: A building generally of a single massing element, designed for
occupancy by retail, service, or office uses on the ground floor, with upper
floors also configured for those uses or for residences.
e. House:A structure occupied by a single household that also accommodates
commercial and office uses as allowed.
f. Hybrid Court: A building that combines the point-access portion of the
stacked dwelling building type (double-loaded corridor element) with the
walk-up portion of the courtyard housing building type.
g. Lined Block: A building that conceals a public garage or other faceless
building that is designed for occupancy by retail, service, or office uses on
the ground floor, with upper floors also configured for those uses or for
residences.
h. LiveNVork: An integrated residence and working space, occupied and
utilized by a single household in an arrangement of at least 3 such
structures or 1 multiple structure with a least 3 units arranged side by side
along the primary frontage, that has been designed or structurally modified
to accommodate joint residential occupancy and work activity.
i. Rowhouse: An individual structure on a parcel with a private rear yard and
individual garage accessed from an alley. Such structure shall be developed
in an arrangement of at least 3 such structures along the primary frontage.
Or, a structure of at least 3 attached townhouse unit types arranged side by
side with a private rear yard and individual garage accessed from an alley
along the primary frontage.
j. Stacked Dwellings: A building of single-floor or multi-floor residences of
similar configuration either above or below that are stacked.
Ordinance No. NS-3081
Page 28 of 49
k. Tower-on-Podium: A multilevel building organized around a central core
with the first two to five floors expressed as a podium building.
I. Tuck-Under Housing: An individual structure on a parcel with no rear yard,
where its garage is tucked under the rear of the house and accessed from
an alley. Such structure shall be developed with at least four such individual
structures, or a structure of at least four attached townhouse units types
arranged side by side along the primary frontage.
(16) Bungalow Court: See 'Building Types'
(17) Business support service: a commercial establishment that provides services
to other businesses including maintenance, repair and service, testing, rental,
etc. including the following examples:
a. Computer-related services (rental/repair)
b. Copying and quick printing services
c. Film processing and photofinishing (retail)
d. Graphic design services
e. Mailing and mail box services
f. Security systems services
(18) Clinic, Urgent Care: A facility other than a hospital where medical, mental
health, surgical or other personal health services are provided on an outpatient
basis, including incidental medical laboratories. Examples of these uses
include:
a. Medical offices with five or more licensed practitioners or medical
specialties
b. Out-patient care facilities, urgent care facilities.
c. Counseling services by other than medical doctors or psychiatrists are
included under "Offices - Professional/Administrative."
(19) Community Assembly: Group gatherings conducted indoors such as
synagogues, mosques, temples, churches, community centers, bingo halls,
private clubs, fraternal, philanthropic and charitable organizations and lodges.
(20) Commercial Recreation Facility - Indoor: Establishments providing indoor
amusement and entertainment services for a fee or admission charge,
including:
a. Bowling alleys, tossing or throwing games, indoor sports
b. Coin-operated amusement arcades
c. Electronic game arcades (video games, etc.),
d. Pool, billiards, escape room, mystery games
e. Skating sports (ice, roller, board)
Ordinance No. NS-3081
Page 29 of 49
This use does not include adult businesses. Four or more electronic games or
coin-operated amusements in any establishment, or a premises where 50
percent or more of the floor area is occupied by amusement devices, are
considered an electronic game arcade as described above; three or fewer
machines are not considered a land use separate from the primary use of the
site.
Ancillary uses including meeting rooms, snack bars, and equipment rental or
sales are permitted within an indoor recreation facility, provided that the gross
floor area of the ancillary use does not exceed twenty percent (20%). Ancillary
uses shall operate in conjunction with the primary recreation use, and shall
maintain the same or fewer hours of operation.
(21) Commercial Frontage: The non-residential frontage of a building. Non-
residential activities subject to city approval are allowed within this space, which
must be at least 25 feet in depth. These spaces are limited to the first floor and
as such, have different building requirements than upper floors (e.g., large
storefront windows, signage, etc.).
(22) Courtyard Housing: See 'Building Types'
(23) Craft and specialized automotive restoration service: A specialized business
or commercial enterprise occurring inside of a fully-enclosed structure that
focuses on repairing and restoring older cars, often considered "collector cars"
as defined by the State; which includes (1) a vehicle model 35+ years old, (2)
a vehicle model 25+ years old with historic plates, or (3) a vehicle model
classified as a special interest vehicle. Such restoration services return these
types of vehicles to their original condition, including mechanical components,
paint and bodywork, and interior, aiming to preserve their historical authenticity
and aesthetic appeal.
(24) Doctor, dentist, chiropractor, etc. office: A facility other than a hospital where
medical, dental, mental health, surgical, and/or other personal health care
services are provided on an outpatient basis, and that accommodates no more
than four licensed primary practitioners (for example, chiropractors, medical
doctors, psychiatrists, etc., other than nursing staff within an individual office
su ite.
(25) Duplex, Triplex and Quadplex: See 'Building Types'
(26) Dwelling Unit Types:
a. Apartment: A rental version of a Flat, Loft, or Townhouse.
b. Condominium: An ownership version of a Flat, Loft or Townhouse
c. Flat: A single-story unit.
d. Loft: A double-story height unit with a mezzanine.
e. Townhouse: A two to three-story unit.
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(27) Elevation (Building): The exterior walls of a building. Also referred to as
'Facade' when the elevation is along a frontage line.
(28) Entrance (Main or Primary): The principal point of access of pedestrians to a
building. In the support of pedestrian activity, the main or primary entrance
should be oriented to the frontage rather than to the parking.
(29) Facade: The exterior wall of a building that is set along a frontage line. Facades
support the public realm and are subject to frontage requirements additional to
those required of elevations.
(30) Flex Block: See 'Building Types'
(31) Forecourt: See `Frontage Types'
(32) Frontage Line: Those lot lines that coincide with a public street line. One shall
be designated as the Principal Frontage Line. Facades along Frontage Lines
define the public realm and are therefore more highly regulated than the
elevations that coincide with other lot lines. Frontage lines are subject to the
urban standards, architectural standards, signage standards, and subdivision
standards.
(33) Frontage Type: The architectural element of a building between the public right-
of-way and the private property associated with the building. Frontage Types
combined with the public realm create the perceptible streetscape. The
following frontage types used in this Article are listed below:
a. Arcade: A facade with an attached colonnade, that is covered by upper
stories. This frontage type is ideal for retail use, but only when the
sidewalk is fully absorbed within the arcade so that a pedestrian cannot
bypass it. For Building Code considerations, this frontage type cannot
cover the public right- of-way.
b. Forecourt: A semi-public exterior space partially within the shopfront,
gallery or arcade frontage that is partially surrounded by a building and
also opening to a thoroughfare forming a court. The court is suitable for
gardens, outdoor dining, vehicular drop-off and utility off-loading.
c. Front yard ! Porch: A common frontage type associated with single family
houses, where the facade is set back from the right of way with a front
yard. A porch may also be appended to the facade. A fence or wall at the
property line may be used to define the private space of the yard. The
front yard may also be raised from the sidewalk, creating a small retaining
wall at the property line with entry steps to the yard.
d. Gallery: A colonnade that is attached to storefronts and projects over the
sidewalk.
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e. Shopfront: A facade placed at or close to the right-of-way line, with the
entrance at sidewalk grade. This frontage type is conventional for retail
front- age and is commonly equipped with cantilevered shed roof(s) or
awning(s). Recessed storefronts are also acceptable. The absence of a
raised ground floor precludes residential use on the ground floor facing
the street, although such use is appropriate above.
f. Stoop: An elevated entry porch that corresponds directly to the building
entry, with stairs placed close to the frontage line on a building with the
ground story elevated from the sidewalk, securing privacy for the windows
and front rooms. This type is suitable for ground-floor residential uses with
short set- backs. This type may be interspersed with the shopfront
frontage type. A porch or shed roof may also cover the stoop.
(34) Front yard/Porch: See 'Frontage Types'
(35) Gallery: see `Frontage Types'
(36) General Retail: Stores and shops selling many lines of merchandise. Examples
of these stores and lines of merchandise include:
a. Art galleries, retail
b. Art supplies, including framing services
c. Bicycles,
d. Books, magazines, and newspapers
e. Cameras and photographic supplies
f. Clothing, shoes, and accessories
g. Department stores
h. Drug stores and pharmacies
i. Dry goods
J. Fabrics and sewing supplies
k. Florists and houseplant stores with indoor sales only
I. Furniture and home decor stores
m. Hardware and building supply stores
n. Hobby materials
o. Jewelry
p. Luggage and leather goods
q. Musical instruments (small), parts and accessories, large instruments are
under"Furniture, Furnishings, and Appliance Store"
r. Orthopedic supplies
s. Small wares
t. Specialty shops
u. Sporting goods and equipment
v. Stationery
w. Toys and games
x. Variety stores
y. Videos, DVDs, records, CDs, including rental stores
Ordinance No. NS-3081
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General retail does not include the following:
a. Adult business as defined in section 41-1701.6 of the SAMC, antique or
collectible stores, furniture, furnishings and appliance stores, medical
marijuana dispensaries or second-hand stores.
b. Sheet metal shops, body-fender works, automobile paint shops, repair
garages, and any activity which includes the processing, treatment,
manufacturing, assembling or compounding of any product, other than
that which is clearly and traditionally incidental and essential to a particular
retail activity.
c. Any use which is more specifically identified as a permitted use or as a
use which may be permitted subject to the issuance of a conditional use
permit or land use certificate in one or more use districts pursuant to this
code.
(37) Ground Floor/ Footprint: The area resulting from the application of building
placement and open space requirements and as further articulated by particular
building design. In calculating the area, only the conditioned floor space shall
be counted for purposes of calculating allowable upper floor area, the area
occupied by zaguans shall be counted as "ground floor/footprint."
(38) Ground Floor Residential: Dwellings with their primary entrance and habitable
space at grade.
(39) Health and Fitness: A commercial establishment providing facilities for aerobic
exercises, running and jogging, exercise equipment, game courts, swimming
facilities, and saunas, showers and lockers. Health and fitness facilities may
also provide for instruction programs and classes, such as martial arts, yoga
where lockers and showers are provided.
(40) Hotel (land use): A facility offering lodging accommodations, as defined and
regulated by the SAMC, to the general public and which may include additional
facilities and services, such as restaurants, meeting rooms, entertainment,
personal services and recreational facilities.
(41) House: See 'Building Types'
(42) House Scale: Multi-family building form that is derivative of and compatible with
surrounding single-family houses and that can be applied in 1 to 4 direct-access
assemblies of units to form larger buildings from duplex up to and including
Courtyard Housing.
(43) Hybrid Court: See 'Building Types'
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(44) Laboratory- medical-analytical: A place equipped for experimentation or
observation in a field of study, or devoted to the application of scientific
principles in testing and analysis. Quantities of biological or hazardous
materials used in situ, shall be limited to those quantities established by the fire
department
(45) Lined Block: See 'Building Types'
(46) LiveNVork: See 'Building Types'
(47) Lot Width: The frontage of a parcel which is used to identify the parcel for street
address purposes.
(48) Media production: An establishment dedicated to the production of visual and
audio mass media, including television, films, videos, video games, mobile
devices, internet and digital interactive media, but excludes magazines,
newspapers, and periodicals.
(49) Mixed-Use Building: A structure lawfully containing residential and non-
residential uses.
(50) Multi-Family Building: A residential structure lawfully containing two or more
dwelling units.
(51) Net Developable Area: The private area defined by blocks which is not to
remain for public uses such as Plazas, Greens, Squares, Thoroughfares or
Streetscapes.
(52) Nonconforming Industrial Use: A nonconforming use as defined in Section 41-
126 of the SAMC that was established on any parcel or within any building
located within the boundaries of SD-84 established by this Article that is listed
in the uses permitted or uses permitted subject to a conditional use permit of
Division 18. M-1 (Light Industrial) or Division 19. M-2 (Heavy Industrial) of this
Chapter but that are no longer permissible through amendment to this Article.
The terms "nonconforming use" and "legal nonconforming use" have the same
meaning in the implementation of this Article.
(53) Noxious Use: A nonconforming industrial use that is located within one
thousand (1,000) linear feet of a public park, school (K-12) as defined by
Section 11362.768 of the Health and Safety Code, or property used or zoned
for residential purposes whose primary business operations involve any two (2)
or more of the following:
a. Emitting, generating, or discharging of particulate materials; exhausting
emissions; or handling, storing, emitting or discharging regulated
compounds, hazardous materials, chemicals, or substances;
Ordinance No. NS-3081
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b. Operations that are regulated by and require a permit from a federal, state,
or regional agency;
c. Storing, processing, or disposing of listed or hazardous waste; or
d. Operations that are not contained within a fully enclosed building.
(54) Office: These do not include medical offices (see Clinic, Urgent Care," and
"Doctor, dentist, chiropractor, etc. office.")
a. Service. Establishments providing direct services to consumers.
Examples of these uses include employment agencies, insurance agent
offices, real estate offices, travel agencies, utility company offices, elected
official satellite offices, etc. This use does not include 'Bank, Financial
Services," which is separately defined.
b. Administrative. Office-type facilities characterized by high employee
densities, and occupied by businesses engaged in information
processing, and other computer-dependent or telecommunications-based
activities. Examples of these uses include:
1. airline, lodging chain, and rental car company reservation centers, not
including retail travel agencies
2. computer software and hardware design and development
3. consumer credit reporting
4. data processing services
5. health management organization (HMO) offices where no medical
services are provided
6. insurance claim processing
7. mail order and electronic commerce transaction processing
8. telecommunications facility design and management
9. telemarketing
c. Professional. Office-type facilities occupied by businesses that provide
professional services, or are engaged in the production of intellectual
property. Examples of these uses include:
1. accounting, auditing and bookkeeping services
2. advertising agencies
3. attorneys
4. business associations, chambers of commerce
5. commercial art and design services
6. construction contractors (office facilities only)
7. counseling services
8. court reporting services
9. detective agencies and similar services
10. design services including architecture, engineering, landscape
architecture, urban planning
11. educational, scientific and research organizations
Ordinance No, NS-3081
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12. financial management and investment counseling
13. literary and talent agencies
14. management and public relations services
15. media postproduction services
16. news services
17. photographers and photography studios
18. political campaign headquarters
19. psychologists
20. secretarial, stenographic, word processing, and temporary clerical
employee services
21. security and commodity brokers
22. writers and artists offices
(55) Paseo: a public place or path designed for walking; promenade.
(56) Pedestrian First: The practice of addressing the needs of people, once out of
their automobiles, through a series of interdependent urban design and
streetscape principles (e.g., wide sidewalks, street trees and shade, on-street
parking, outdoor dining, inviting storefronts, the feeling of being in an `outdoor
room', short cross- walk distances, interconnected and short blocks).
(57) Pedestrian Shed: An area defined by the average distance that may be
traversed at an easy pace from its edge to its center in approximately 5 minutes.
This distance is used to determine the size of a neighborhood. This dimension
averages one quarter of a mile or approximately 1,400 feet for generally flat
terrain.
(58) Personal Services: Establishments providing non-medical services to
individuals as a primary use. Examples of these uses include:
a. barber, nail salons and beauty shops
b. clothing rental
c. dry cleaning pick-up stores with limited equipment
d. home electronics and small appliance repair
e. locksmiths
f. pet grooming with no boarding
g. shoe repair shops
h. tailors
These uses may also include accessory retail sales of products related to the
services provided.
(59) Personal Services - Restricted: Personal services that may tend to have a
blighting and/or deteriorating effect upon surrounding areas and which may
need to be dispersed to minimize their adverse impacts. Examples of these
uses include:
Ordinance No. NS-3081
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a. laundromats (self-service laundries). Laundromats shall comply with the
development and performance standards set forth in Section 41-199.
b. massage establishments (licensed, therapeutic) as defined on Section 41-
1751 of the SAMC. Massage establishments shall comply with Article
XVI I.I of Chapter 41 of the SAMC.
c. Pawnshops,
(60) Pet day care facility: Establishment offering daily, without overnight, care to a
customer's personal canine or feline pets. Grooming and educational training
may be allowed as an ancillary use within the establishment. Does not include
veterinary care or treatment, hospitalizations, or long-term boarding of pets.
(61) Planter: The layer of the streetscape which accommodates street trees.
Planters may be continuous or individual according to the Thoroughfare and
location within the neighborhood.
(62) Podium: A continuous raised platform supporting a building, or a large block of
two or three stories beneath a multi-layer block of a smaller area.
(63) Porch: see 'Frontage Types'
(64) Primary Use: A primary use is the principal and dominant activity that the
business is devoted to, distinguishing it from a secondary or ancillary use as
defined in Section 41-13.5 of the SAMC.
(65) Private Frontage: The privately held layer between the frontage line and the
principal building facade. The structures and landscaping within are held to
specific standards. The variables of Private Frontage are the depth of the
setback and the combination of architectural elements such as fences, stoops,
porches and galleries. These elements influence social behavior in the public
realm. The Frontage layer may overlap the public streetscape in the case of
awnings, Galleries and Arcades.
(66) Research and Development: A facility where creative work is undertaken on a
systematic basis in order to increase the stock of knowledge generally in the
fields of medicine, scientific instruments, safety- critical mechanism or high
technology. These facilities may include pilot plant operations as an ancillary
use, which shall not exceed 25 percent of the floor area. A facility providing full
scale production shall be deemed a manufacturing use and shall be prohibited.
(67) Rowhouse: See 'Building Types'
(68) Setback: The area of a lot measured from a lot line to a building facade or
elevation that must be maintained clear of permanent structures excepting
galleries, fences, garden walls, arcades, porches, stoops, balconies, bay
windows, and terraces which are permitted to encroach into the setback subject
to the standards established in Division 3 of this Article.
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(69) Shared Parking (Park-Once Policy): An accounting for parking spaces that are
available to more than one function. The requirement is based on a range of
parking-demand found in mature, mixed-use centers. The Shared Parking ratio
varies according to multiple functions in close proximity unlikely to require the
spaces at the same time. This approach to parking uses the following types of
parking in combination to achieve a balanced and distributed supply of parking:
off-street (surface lots and garages), on-street (parallel and diagonal).
(70) Shopfront: see 'Frontage Types'
(71) Stacked Dwellings: See 'Building Types'
(72) Stoop: see 'Frontage Types'
(73) Story: A habitable level within a building from finished floor to finished ceiling:
Attics and basements, as defined by the California Building Code (CBC) are
not considered a story for the purposes of determining building height and are
subject to the applicable requirements of this code and the CBC, except for
when the finished floor level directly above a basement or cellar is more than
six feet above grade, such basement or cellar shall be considered a story
(74) Streetscape: The urban element that provides the major part of the public realm
as well as paved lanes for vehicles. A streetscape is endowed with two
attributes: capacity and context. Capacity is the number of vehicles that can
move safely through a segment within a given time period. It is physically
manifested by the number of lanes and their width, and by the curb radius.
(75) Studio: A workplace of one or more individuals who are engaged in the
production of art, such as fine and fiber arts, lithography, calligraphy,
photography, music, dance and the performing arts. Galleries, not to exceed
50 percent of the floor area, are permitted as an ancillary use. Any regulated
use, as defined on Sec 41-191 of the SAMC is not allowed. Uses meeting the
definition of artisan/craft product manufacturing shall be deemed an
artisan/craft product manufacturing use.
(76) Tandem Parking Stall: Two or more parking spaces arranged one behind the
other.
(77) Thoroughfare: A vehicular way incorporating moving lanes and parking lanes
(except alleys/lanes which have no parking lanes) within a right-of-way.
(78) Tower-on-Podium: See 'Building Types'
(79) Trade school: A school consisting of vocational educational programs for
students to be trained in the fields related to healthcare, technology, legal
services, and professional trades.
Ordinance No. NS-3081
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(80) Traffic-Calming: A set of techniques which serves to reduce the speed of traffic.
Such strategies include lane-narrowing, on-street parking, chicanes, yield
points, sidewalk bulge-outs, speed bumps, surface variations, mid-block
deflections, and visual clues. Traffic calming is a retrofit technique unnecessary
when thoroughfares are correctly designed for the appropriate speed at initial
construction.
(81) Transect: A system of classification deploying the conceptual range of 'rural-
to- urban' to arrange in useful order, the typical context groupings of natural
and urban areas. This gradient, when rationalized and subdivided into zones
becomes the basis of the Regulating Plan and the 9 zones supporting this Plan.
(82) Transit-Oriented Development: A remedial pattern within a loose urbanized
area. Its structure creates nodes at an efficient spacing for commuter or light
rail. These nodes are mixed-use areas limited in extent by walking distance to
the transit stop. These nodes are usually surrounded by a residential
hinterland, structured as neighborhood T.O.D.'s connected by a feeder bus
system.
(83) Transition Line: A horizontal line, the full width of a facade expressed by a
material change or by a continuous horizontal articulation such as a cornice or
a balcony.
(84) Tuck-under Housing: See 'Building Types'
(85) Zaguan: A covered pedestrian passage between courts of one to two rooms in
depth and one story in height."
Section 12. Any section or subsection of this Article, Article XIX (The Transit
Zoning Code, Specific Development No. 84) that is not reprinted or modified by this
ordinance is hereby unamended.
Section 13. Any provision of the Santa Ana Municipal Code (SAMC) or
appendices thereto found inconsistent with the provisions of the Ordinance, only to the
extent of such inconsistencies and no further, are hereby repealed or modified to that
extent necessary to affect the provisions of this Ordinance, inclusive of corrections for
typographical error, and shall be considered the same as if adopted at the time of this
Ordinance.
Section 14. 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.
Ordinance No. NS-3081
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Section 15, This Ordinance shall become effective thirty (30) days after its
adoption. Upon the effective date of this Ordinance, Ordinance Nos. NS-3063 and NS-
3064 shall be automatically repealed and rescinded as of that date.
Section 16. The City Clerk shall certify the adoption of this ordinance and shall
cause the same to be published as required by law.
ADOPTED this 17t" day of June, 2025.
k'ecua
APPROVED AS TO FORM
Sonia R. Carvalho, ity Attorney
i
By:
Melissa M. Crosthwaite
Senior Assistant City Attorney
AYES: Councilmembers Amezcua Bacerra Hernandez Lopez,
Penaloza Vazquez 6
NOES: Councilmembers None (0)
ABSTAIN: Councilmembers Phan (1) recusal
ABSENT: Councilmembers None 0
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, JENNIFER L. HALL, City Clerk, do hereby attest to and certify that the attached
Ordinance No. NS-3081 to be the original ordinance adopted by the City Council of the
City of Santa Ana on June 17, 2025 and that said ordinance was published in accordance
with the Charter of the City of Santa Ana.
Date: ��-
er
City Cler
t o San n
Ordinance No. NS-3081
Page 40 of 49
EXHIBIT "A"
A. On April 19, 2022, The City adopted an Amended General Plan. The
Amended General Plan became effective on May 26, 2022 and adopted a
new hand Use Plan for the City and established new land use designations
and policies for development of the City.
B. On April 16, 2024, the City Council passed an Urgency Ordinance to adopt
a 45-day moratorium on the approval, commencement, establishment,
relocation, or expansion of industrial uses within the Transit Zoning
Code/Specific Development (SD) No. 84 Zoning District (Moratorium
Ordinance"). No. NS-3063. The purpose of the moratorium was to
immediately protect the public health, safety, and welfare of residents and
businesses from incompatible industrial uses that cause a significant
pollution burden to adjacent residential neighborhoods within the SD84
Zoning District.
C. On May 7, 2024, the City Council issued and file a Council report to the
public, pursuant to Section 65858(d) of the California Government Code,
describing the City's measures to alleviate conditions that led to the
adoption of Urgency Interim Ordinance No. NS-3063, on April 16, 2024,
regarding a 45-day moratorium on the approval, commencement,
establishment, relocation, or expansion of industrial uses within Specific
Development No. 84 (the Transit Zoning Code).
D. On May 21, 2024, the City Council adopted an extension of the Moratorium
Ordinance for an additional ten (10) months and fifteen (15) days pursuant
to the California Government Code, Section 65858. The extension was
necessary to allow sufficient time for staff to continue with conduct research
of appropriate regulations, and coordinate with outside regulatory agencies
and City departments to develop appropriate zoning regulation to address
the impacts of industrial development in the SD84 Zoning District.
E. The Planning and Building Agency routinely reviews its ordinances to
incorporate best practices, reflect changes to State law, and address
community needs.
F. In adopting the Moratorium on April 16, 2024, the City Council of the City of
Santa Ana established the following findings, all of which below remain true,
applicable and necessary to support the adoption of Zoning Ordinance
Amendment (ZOA) No. 2024-02 amending certain portions of Chapter 41
(Zoning) of the Santa Ana Municipal Code, Article XIX. The Transit Zoning
Code/Specific Development (SD) No. 84 Zoning District:
1. The Transit Zoning Code (TZC), located in the central core of Santa Ana,
comprises approximately 450 acres, encompasses the Logan, Lacy,
Ordinance No. NS-3081
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and Downtown neighborhoods, and was adopted by the City Council on
June 7, 2010, and amended on July 16, 2019; and
2. Upon the initial adoption of the TZC in 2010, the General Plan of the City
of Santa Ana was updated with new land use designations for the areas
covered by the TZC to allow for new, mixed-use residential and
commercial communities; and
3. The goals of the TZC are to provide a transit-supportive, pedestrian-
oriented development framework to support the addition of new, and
enhancement of existing communities through, transit infrastructure; to
preserve and reinforce the existing character and pedestrian nature of
the City by strengthening urban form through improved development
and design standards; to encourage alternative modes of transportation;
to provide zoning for the integration of new infill development into
existing neighborhoods; to provide for a range of housing options; and
to allow for the reuse of existing structures; and
4. Industrial uses were established within the Logan and Lacy
neighborhoods in close proximity to sensitive land uses such as
residences and schools prior to the adoption of the TZC, as far back as
the late 19th century, predating modern zoning practices that take into
account irreconcilable land use conflicts among variegated land uses;
and
5. The TZC provides new mixed-use zoning for properties contained within
its boundary while creating industrial overlay zones allowing properties
being used as industrial uses at the time of its adoption to continue to
be governed by industrial zoning districts until such time that properties
were developed or improved to the mixed-use zones allowed by the
TZC; and
6. Senate Bill (SB) 1000 went into effect in 2018, requiring local
governments to identify environmental justice communities, called
"disadvantaged communities", in their jurisdictions and address
environmental justice in their general plans through facilitating
transparency and public engagement in the planning and decision-
making processes, reducing harmful pollutants and the associated
health risks in disadvantaged communities, and promoting equitable
access to health-inducing benefits such as healthy housing options; and
7. The City of Santa Ana completed a comprehensive update of its General
Plan in April 2022; and
8. The Office of the Attorney General of the State of California was actively
involved in ensuring Santa Ana's General Plan update complied with all
aspects of SB 1000 prior to its adoption; and
Ordinance No. NS-3081
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9. As required by SB 1000, update of the General Plan and its associated
land use plan identified and addressed long standing environmental
justice issues throughout all its elements, which include 77
implementation actions aimed at reducing harmful pollutants and
associated health risks in disadvantaged communities; and
10.Numerous policies of the General Plan are inconsistent with the present,
irreconcilable land use pattern of the TZC. Specifically, these policies
include Policy LU-1.1 (Compatible Uses), Policy LU-2.4 (Cost and
Benefit of Development), Policy LU-3.8 (Sensitive Receptors), Policy
LU-3.9 (Noxious, Hazardous, Dangerous, and Polluting Uses), Policy
LU-3.11 (Air Pollution Buffers), Policy LU-4.3 (Sustainable Land Use
Strategies), Policy LU-4.6 (Healthy Living Conditions), Policy CM-3.2
(Healthy Neighborhoods), Policy EP-1.9 (Avoid Conflict of Uses), Policy
EP-3.3 (Mitigate Impacts), Policy CN-1.5 (Sensitive Receptor
Decisions), Policy CM-.2 (Healthy Neighborhoods), and Policy HE-5.5
(Community Development), which are targeted at correcting past land
use planning practices that have placed an unequitable environmental
and health burden on certain neighborhoods now termed disadvantaged
communities; and
11.The industrial overlay zones in the TZC perpetuate past planning
practices of locating industrial uses, or other noxious and unwanted
uses, in close proximity to communities of color; and
12.The Logan neighborhood is the oldest Mexican and Mexican American
neighborhood in Santa Ana and one of the oldest in Orange County, and
one of the few places where Mexicans and those of Mexican descent
were allowed to buy land due to restrictions and covenants based on
race during the first half of the 20th century; and
13.The construction of Santa Ana (1-5) Freeway through Santa Ana in the
1950s resulted in many families being displaced through the demolition
of single-family homes in the northeastern portion of the Logan
neighborhood; and
14.In the 1970s, a proposed expansion of an arterial highway along Civic
Center Avenue would have demolished a significant portion, if not all, of
the Logan neighborhood; and
15.The Logan and Lacy neighborhoods are within the second and third
highest scored census tracts in Santa Ana, each with a composite score
of 90 percent or greater, ranking in the 90th percentile or greater of
census tracts in the State, and identified as "disadvantaged
communities" by the Office of Environmental Health Hazard Assessment
(OEHHA) in its CalEnviroScreen model; and
Ordinance No. NS-3081
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16.Assembly Bill (AB) 686 requires local jurisdictions to take deliberate
actions to explicitly address, combat, and relieve disparities to
disadvantaged communities, such as Logan and Lacy neighborhoods,
resulting from past patterns of segregation, disinvestment, and planning
practices; and
17.The updated land use plan in the Land Use Element of the General Plan
does not designate any properties within the TZC, including the Logan
or Lacy neighborhoods, as industrial; rather, they are designated as
varying intensities of District Center or Urban Neighborhood land use
designations—both of which are inconsistent with industrial uses; and
18.There are pressing and growing code enforcement complaints
stemming from the irreconcilable land use conflicts in the TZC.
Specifically, in the Logan and Lacy neighborhoods, the City's Code
Enforcement Division has investigated over 35 commercial and
industrial properties in the past twelve months and currently has 16
active open cases that have been issued Notice of Violations and
administrative citations for the following types of violations: illegal
storage, land use, zoning, property and landscape maintenance,
unpermitted work, business license, and certificate of occupancy. The
close proximity of active open industrial cases during a short period of
time is creating a public nuisance that is draining City resources and that
is harming public health, safety, and general welfare of the TZC's
existing and new residential neighborhoods from the concentration of
open code enforcement cases nearby; and
19.In the Logan neighborhood, 52 industrial facilities (automotive,
warehouse/storage, crematory, towing yards, construction) are
presently near sensitive uses monitored by external regulatory agencies
such as South Coast AQMD, Orange County Health Care Agency —
Certified Unified Program Agencies (OC CUPA), Santa Ana Regional
Water Quality Board (SARWQB), Orange County Fire Authority.
Industrial facilities have caused significant pollution exposure to
disadvantaged communities, including lead risk in soil and housing,
diesel particulate matter from idling trucks, toxic release from facilities,
traffic impacts, noise pollution, and airborne particulate matter or fine
inhalable particles of 2.5 (PM2.5) microns or less in diameter.
CalEnviroScreen reports higher environmental effects from active facility
cleanup sites, hazardous waste facilities, and solid waste locations.
Cumulative health impacts in the area include asthma, cardiovascular
disease, and low birth weight, in this overburdened disadvantaged
community factored by socioeconomic indicators of poverty, linguistic
isolation, housing burden, and education; and
Ordinance No. NS-3081
Page 44 of 49
20.In the Lacy neighborhood, 76 industrial facilities (automotive,
warehouse/storage, towing yards, construction) are presently near
sensitive uses monitored by external regulatory agencies such as South
Coast AQMD, Orange County Health Care Agency — Certified Unified
Program Agencies (OC CUPA), Santa Ana Regional Water Quality
Board (SARWQB), Orange County Fire Authority. Industrial facilities
have caused significant pollution onto disadvantaged communities,
including lead risk exposure, diesel particulate matter from idling trucks,
toxic release from facilities, traffic impacts, noise pollution, vibration
impacts, and airborne particulate matter or fine inhalable particles of 2.5
(PM2.5) microns or less in diameter. CalEnviroScreen reports higher
environmental effects from active facility cleanup sites, hazardous waste
facilities, and solid waste locations. Cumulative health impacts in the
area include asthma, cardiovascular disease, and low birth weight, in
this overburdened disadvantaged community factored by
socioeconomic indicators of poverty, linguistic isolation, housing burden,
and education; and
21.There is a recent surge in residential development activity in the TZC
that is exacerbating the irreconcilable land use conflicts between
residential and industrial land uses. Examples include the Lacy Crossing
residential development with over 100 ownership units directly adjacent
to existing industrial land uses, for which the City receives regular
complaints from residential occupants of disturbances from noise,
vibrations, odors, and truck traffic; and the Rafferty mixed-use
development with 218 residential units, including 11 onsite units for very-
low income households, which is located less than one-fifth of a mile
from industrial land uses; and
22.There is a marked increase in the pending and active development
applications for industrial land uses in the TZC, including for contractor's
yards, construction debris storage yards, manufacturing operations,
expansion of existing industrial businesses, and storage and
warehousing operations, stemming from shifting economic demands for
goods and services emerging from the Covid-19 pandemic; and
23.The City Council approved a contract with Moore, lacofano, Goltsman,
Inc. (MIG) on October 17, 2023 to ensure the City's Zoning Code and
General Plan are consistent, and to maintain compliance with state law,
comprehensive amendments to the Zoning Code are required; and
24.MIG and City staff have conducted extensive community outreach,
stakeholder interviews, and reviews of existing zoning-related codes
and policies in Santa Ana. These early efforts have indicated that the
irreconcilable land use conflicts and land use inconsistencies in the TZC
area are among the most pressing topics that must be addressed as part
of the comprehensive Zoning Code Update process to protect the
Ordinance No. NS-3081
Page 45 of 49
health, safety, and welfare of the most vulnerable communities that face
the impacts of the land use conflicts within the TZC area. Since adoption
of the moratorium and its extension, MIG and City staff have focused the
comprehensive update through an initial phase concentrating on
amending the TZC; and
25.The policies and implementation actions in the General Plan also require
review, study, and possible revision to respond to recent concerns
relating to the impacts of these industrial business uses in the TZC; and
26.Given these concerns, the City Council directed that a study be
undertaken of the current provisions of the TZC to address industrial
business uses and determine whether such uses should be permitted in
the zoning district, and if not, proceed with an ordinance amendment to
preclude such uses from the district.
G. Following said analysis of the City Council points of discussion as iterated
above, City staff has prepared ZOA No. 2024-02 to amend and add certain
sections to Chapter 41 (Zoning) of the Santa Ana Municipal Code (SAMC),
Article XIX. The Transit Zoning Code/Specific Development (SD) No. 84
Zoning District, including the deletion of industrial land uses; amend non-
conforming regulations including the addition of an amortization process;
amend and add operational standards for allowed uses and non-conforming
uses; and delete the Industrial Overlay (I-OZ) zone from text and maps from
certain properties within the SD84 Zoning District.
H. Amendments to Chapter 41 (Zoning) are necessary to ensure uniform and
legally consistent regulations as well as additions to enable the City to
implement a regulatory framework that protects the health, safety, and
welfare of the City.
I. The proposed amendments to the Santa Ana Municipal Code (SAMC) that
are the subject of this Ordinance support the objectives and policies of the
City's General Plan and are required to ensure consistency in accordance
with Government Code Section 65860.
J. Specifically, these amendments to the SAMC timely address current
inconsistencies within an area of the City prioritized for addressing EJ. In
effect, the amendments are necessary to address numerous policies of the
General Plan that the current TZC is found to be inconsistent with, that
without such amendments, will continue the path of irreconcilable land use
patterns within the TZC. Specifically, these policies include Policy LU-1.1
(Compatible Uses), Policy LU-2.4 (Cost and Benefit of Development), Policy
LU-3.8 (Sensitive Receptors), Policy LU-3.9 (Noxious, Hazardous,
Dangerous, and Polluting Uses), Policy LU-3.11 (Air Pollution Buffers),
Policy LU-4.3 (Sustainable Land Use Strategies), Policy LU-4.6 (Healthy
Living Conditions), Policy CM-3.2 (Healthy Neighborhoods), Policy EP-1.9
Ordinance No. NS-3081
Page 46 of 49
(Avoid Conflict of Uses), Policy EP-3.3 (Mitigate Impacts), Policy CN-1.5
(Sensitive Receptor Decisions), Policy CM-3.2 (Healthy Neighborhoods),
and Policy HE-5.5 (Community Development), which are targeted at
correcting past land use planning practices that have placed an unequitable
environmental and health burden on certain neighborhoods now termed
disadvantaged communities. The proposed amendments support these
goals and policies by:
1. Fostering the compatibility between residential and nonresidential land
uses within the TZC to enhance livability and promote healthier
lifestyles, and improve public health and quality of life;
2. Resolving the development of industrial land uses and sensitive
receptors being in close proximity to each other that pose health hazards
by eliminating an overlay zone that promulgated continuation of
industrial uses without recourse;
3. Improving the health of the existing and future residents of the TZC by
regulating the operations of noxious, hazardous, dangerous, and
polluting uses by giving priority to the discontinuance or elimination of
those uses;
4. Responding to overarching EJ policies to develop and implement land
use and zoning strategies to separate existing sensitive uses from heavy
industrial facilities and emission sources;
5. Continuing to support the creation of healthy neighborhoods by
addressing land use conflicts and incompatible uses through the
elimination of the 1-OZ zone and associated industrial land use types
from the list of allowable land uses within the TZC;
6. Developing and adopting new regulations to address facilities that emit
pollution near sensitive receptors within EJ area boundaries, which
includes areas of the TZC;
7. Avoiding potential land use conflicts in the future by prohibiting the
location of noxious land uses in proximity to sensitive receptors; and
8. Creating a sustainable land use plan for the area that phases out land
uses that are causing a substantial drain on City and other public agency
resources in addressing the impacts from irreconcilable land use
conflicts in the TZC area.
K. Additionally, the proposed amendments implement and/or contribute to
achieving the following specific action programs of the General Plan, most
particularly directly addressing LU3.3 through the creation of a
discontinuance of nonconforming industrial uses through amortization:
Ordinance No. NS-3031
Page 47 of 49
1. LU1.1 - Development Code Update. Prepare a comprehensive update
to the zoning code to ensure that the City's zoning regulations align with
the General Plan's goals and policies.
2. LU3.3 - Healthy lifestyles. Collaborate with residents and industry
stakeholders to create a program to incentivize and amortize the
removal of existing heavy industrial uses adjacent to sensitive uses.
3. CN1.4 - Health risk criteria. Establish criteria for requiring health risk
assessments for existing and new industries, including the type of
business, thresholds, and scope of assessment. Review existing and
establish new regulation to reduce and avoid increased pollution near
sensitive receptors within environmental justice area boundaries.
4. CN1.7 - Truck idling. Evaluate strategies to reduce truck idling found or
reported in areas with sensitive receptors, with a priority placed on
environmental justice areas.
5. CN1.11 - Public education. Augment existing outreach programs to
improve public awareness of State, regional and local agencies' roles
and resources to identify, monitor, and address air quality and other
environmental hazards in the community.
6. HE5.0 -- Healthy Neighborhoods Initiatives. Update the City's zoning
code development and operational standards for industrial zones to
address incompatibility with adjacent uses, including minimum distance
requirements to buffer heavy industrial uses from sensitive receptors.
Conduct a study to evaluate and establish appropriate minimum
distances and landscape buffers between polluting industrial uses from
sensitive receptors such as residences.
7. HE44.A W Fair Housing. Ensure all City programs and activities related
to housing and community development are administered in a manner
that affirmatively furthers fair housing.
L. ZOA No. 2024-02 amends and adds certain sections to Chapter 41 (Zoning)
of the Santa Ana Municipal Code (SAMC), Article XIX. The Transit Zoning
Code/Specific Development (SD) No. 84 Zoning District, including Section
41-2001 (Application of Article), Section 41-2001.5 (Organization), Section
41-2002 (Nonconforming Buildings, Structures and Uses), Section 41-2004
(The Industrial Overlay (I-OZ) Zone), Section 41-2005 (Application for
Discretionary Approvals), Section 41-2006 (Zones Established), Section
41-2007 (Uses Permitted) Section 41-2008 (Operational Standards for
Permitted Uses), and Section 41-2080 (Definitions).
M. On February 24, 2025, the Planning Commission held a duly noticed public
hearing to consider this Ordinance, where all interested persons were given
Ordinance No. NS-3081
Page 48 of 49
an opportunity to be heard, and after closing the public hearing, continued
taking any action on this Ordinance to a special meeting held on March 6,
2025, whereby the Planning Commission recommended approval of the
Ordinance to the City Council.
N. On April 1, 2025, the City Council held a duly noticed public hearing to
consider this Ordinance, but the item was not heard and was continued to
a date certain, May 6, 2025;
O. On May 6, 2025, the City Council held a duly noticed public hearing to
consider this Ordinance, but the item was not heard and was continued to
a date certain, June 3, 2025; and
P. On June 3, 2025, the City Council held a duly noticed public hearing to
consider this Ordinance, where all interested persons were given an
opportunity to be heard.
Ordinance No. NS-3081
Page 49 of 49
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