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HomeMy WebLinkAbout75B - PH - ADAPTIVE REUSE ORDREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 18, 2014 TITLE: PUBLIC HEARING — ZONING ORDINANCE AMENDMENT NO. 2014 -02 TO ADOPT AN ADAPTIVE REUSE ORDINANCE — CITY OF SANTA ANA, APPLICANT (STRATEGIC PLAN NO. 3, 2) CITY MAN ER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Adopt an ordinance approving Zoning Ordinance Amendment No. 2014 -02. PLANNING COMMISSION ACTION On October 27, 2014, the Planning Commission recommended that the City Council adopt an ordinance approving Zoning Ordinance Amendment No. 2014 -02 by a vote of 6:0 (Alderete absent) to amend Chapter 41 of the Santa Ana Municipal Code to adopt an adaptive reuse ordinance allowing the reuse of vacant and /or obsolete buildings in the city. The Planning Commission made no changes to the attached staff report and ordinance (Exhibit A). DESCRIPTION The City of Santa Ana has numerous buildings that were built in the last 100 years that, over time, have become vacant or underutilized due to various circumstances but which remain structurally sound buildings. To address this issue, an adaptive reuse ordinance is proposed that will remove barriers to the reuse of these functional but vacant buildings, maintain the City's existing character and urban form, promote a green form of development and stimulate reinvestment in the City. The ordinance will provide guidance for code modifications and /or the full use of the Historic Building Code for eligible buildings and will grant relief from development standards such as parking, setbacks and height. This will allow reuse projects to be economically feasible while ensuring adequate health and safety protections are adopted. The proposed ordinance will encourage the preservation of and reinvestment in existing structures that are located within four Project Incentive Zones by allowing additional compatible uses other than the buildings' original intended use and will ensure that development proposals for older buildings are reviewed in a comprehensive, thorough manner to ensure compatibility with the site and surrounding land uses. The proposed adaptive reuse ordinance will recognize the economic, environmental and cultural value of preserving older and /or historic landmark buildings within the City of Santa Ana. 75B -1 Zoning Ordinance Amendment No. 2014 -02 November 18, 2014 Page 2 STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal No. 3 Objective No. 2 (create new opportunities for businesstjob growth development through new General Plan and Zoning Ordinance policies). FISCAL IMPACT There is no fiscal impact associated with this action. K "J—V, t±� Karen Haluza Interim Executive Director Planning & Building Agency VF:rb VFVep0d520A 2014 -02 Adaptive Rease= Exhibit: A. Planning Commission Staff Report B. Project Incentive Area Maps 75B -2 Economic Development, and encourage private REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: OCTOBER 27, 2014 TITLE: PUBLIC HEARING — FILED BY THE CITY OF SANTA ANA FOR ZONING ORDINANCE AMENDMENT NO. 2014-02 TO ADOPT AN ADAPTIVE REUSE ORDINANCE (STRATEGIC PLAN NO. 3, 2) Prepared by Vince Fre OSO Interim Executive D' ctor RECOMMENDED ACTION PLANNING COMMISSION SECRETARY APPROVED ❑ As Recommended ❑ As Amended ❑ Set Public Hearing For DENIED • Applicant's Request • Staff Recommendation CONTINUED TO Acting P n g Manager Recommend that the City Council adopt an ordinance approving Zoning Ordinance Amendment No. 2014 -02. Request of the Applicant The City of Santa Ana is requesting an amendment to Chapter 41 of the Santa Ana Municipal Code (SAMC) to adopt an adaptive reuse ordinance allowing the reuse of vacant and /or obsolete buildings in the City. Plannina Commission Action On September 22nd, the Planning Commission held a hearing on the proposed adaptive reuse ordinance. During the hearing, the Commission commented on several topics, including the ability to better define project boundaries by adding streets, providing more clear zoning language within the document, the applicability of the Housing Opportunity Ordinance on these projects, consideration of adding another incentive area along South Main Street to the adaptive reuse ordinance, and revisiting the open space criteria. At the conclusion of the hearing, the Commission continued the item for two weeks to allow staff time to review these items. Outlined below is discussion of the items raised by the Planning Commission: Project Area Boundaries — The Project Incentive Area definition has been modified to include street boundaries to the North Main and East First Street Corridors [Section 41- 1651(e)]. Clarification on Allowed Uses - The Zoning language has been modified to clearly state that residential uses are allowed within the Project Incentive Areas (Section 41- 1653). EXHIBIT A 75B -3 Zoning Ordinance Amendment No, 2014 -02 October 27, 2014 Page 2 Housing Opportunity Ordinance — The draft ordinance has been modified to state that adaptive reuse Projects shall be in compliance with the City's Housing Opportunity Ordinance. Uses on the Ground Floor — The language within Section 41 -1652 (b)(2) has been clarified to identify the type of uses allowed on the ground floor. In addition, a maximum of 50 percent of the ground floor may be used for noncommercial /retail space. Consideration of Post 1974 Structures — The intent of the adaptive reuse ordinance is to incentivize the reuse of older vacant and underutilized structure that are considered to be obsolete, with buildings built before adoption of the 1974 building codes more suited as adaptive reuse projects. Clarification on the Applicability of Historic Codes - Section 41 -1652 (bX5) has been modified to clearly note that Chapter 30 (Historic Structures) is applicable to adaptive reuse projects. Open Soace - Staff reviewed the open space standards for an adaptive reuse project in relation to new residential developments in the City. In reviewing the open space requirement for new projects, it was found that the City's existing open space requirements are twice the rate than what is proposed to be provided for adaptive reuse projects, which is warranted since new residential projects are typically built on vacant sites. The 10 percent requirement for adaptive reuse projects can be satisfied through a combination of interior open spaces (community rooms, recreation rooms, etc.), roof top amenity decks (seating, pools and spas), or other open space solutions at a rate that will adequately serve the project. The City's overall lack of open space, the need for open space as an amenity for adaptive reuse projects, and the likelihood that little or no open space can be provided at the ground level, makes it imperative that sufficient open spaces be incorporated into these projects. Given the need to balance adequate open space while providing an incentive via a reduced rate of open space for these projects, the 10 percent rate is appropriate for adaptive reuse projects. Inclusion of South Main Street District - Staff looked at extending the boundaries of adaptive reuse projects to include the South Main Corridor. In reviewing this segment, it was determined that the strength of this corridor is its place as a distinct commercial corridor in the City that has unique zoning standards that promote reinvestment along South Main Street. Further, this corridor consists of smaller, single -story buildings that are not ideal candidates for reuse as residential units and would not benefit from the Building and Fire Code advantages of the proposed ordinance. Maintaining the zoning as is along South Main Street will continue to encourage the viability of South Main as a commercial corridor. Public Works Agency Requirements — The draft ordinance has been modified to incorporate language that will allow adaptive reuse project to have the ability to obtain incentives from Public Works Agency related requirements. The development standards in the proposed ordinance, in conjunction with standards already in place in the Municipal Code, will result in quality at a level similar to new development projects. Further, the proposed ordinance will incentivize the reuse of existing buildings and will establish provisions for significant upgrades to the interior of these structures. 75B -4 Zoning Ordinance Amendment No. 2014 -02 October 27, 2014 Page 3 Prolect Description and Location The proposed ordinance will create new sections in Chapter 41 of the Santa Ana Municipal Code (SAMC) (Sections 41 -1650 through 41 -1654) and will establish an adaptive reuse ordinance that will be applicable within specified areas of the City. Currently, the City has no provisions that allow for the reuse of vacant and /or obsolete buildings for uses other than those originally intended; the proposed ordinance would allow the reuse of buildings for uses other than originally intended, including for residential purposes. Prolect Backaround An adaptive reuse ordinance is a tool which local jurisdictions may adopt to assist in the reuse of buildings that are vacant, underutilized or obsolete. The goal of an adaptive reuse ordinance is to encourage the preservation of and reinvestment in existing structures by allowing additional compatible uses other than the buildings' original intended use. The SAMC does not currently contain standards for the adaptive reuse of vacant and /or obsolete buildings. Such adaptive reuse programs are necessary to ensure that development proposals for older buildings can be reviewed in a comprehensive, thorough manner to ensure compatibility with the site and surrounding land uses. The proposed ordinance will encourage the preservation of and reinvestment in these existing structures within four project incentive areas of the City. Prolect Analysis The City of Santa Ana has numerous buildings that were built in the last 100 years that, over time, have become vacant or underutilized due to various circumstances. Many of these buildings remain structurally sound buildings that benefit the city's overall urban form. Additionally, many of the older high -rise buildings may have construction methods and site configurations that make them suitable for alternate uses beyond the original use intended. To address this issue, staff has explored the potential for creating an adaptive reuse ordinance for the reuse of these buildings. In an effort to maintain these structures, the City is seeking to encourage the adaptive reuse of buildings in order to remove barriers to the reuse of functional but vacant buildings, maintain the City's existing character and urban form, promote a green form of development and stimulate reinvestment. Key to the success of an adaptive reuse program is the ability to provide guidance for code modifications and /or the full use of the Historic Building Code for eligible buildings, and to grant relief from development standards, such as parking standards, setbacks, height, and other development standards on existing structures. This code relief, or incentives, will allow reuse projects to be economically feasible while ensuring adequate health and safety protections are adopted. One of the key challenges in the reuse of existing buildings is complying with present day building and fire codes and other development standards such as parking and setbacks. 75B -5 Zoning Ordinance Amendment No. 2014 -02 October 27, 2014 Page 4 The proposed adaptive reuse ordinance will recognize the economic, environmental and cultural value of preserving older and/or historic landmark buildings within the City of Santa Ana. The proposed ordinance will provide a clear process for reviewing and approving a range of different types of adaptive reuse projects. Further, the ordinance establishes code provisions pertaining to Zoning, Building and Fire to allow for eligible existing buildings present in the City to be safely reused in appropriate circumstances. The regulations establish a consistent and efficient process to review conversions of a range of appropriate types of structures for adaptive reuse. The proposed ordinance will: • Add a definition for adaptive reuse. • Allow uses in adaptive reuse projects that are consistent within the existing context and character of its location. • Establish incentives for relief of project - specific requirements • Remove barriers to reuse by modifying development standards for setbacks, height, open space and parking. • Provide Building and Fire code flexibility for adaptive reuse projects. • Establish geographic incentive areas to stimulate reinvestment in vacant and underutilized properties. Staff has also coordinated with the Building Division and Orange County Fire Authority (OCFA) in the establishment of the proposed ordinance to ensure that the required minimum seismic, fire and life safety code standards are met. The proposed ordinance will allow applicants the ability to propose alternate means and methods as an instrument for said standards and its intent. Alternate means and methods allow applicants to propose methodology that is equal to prescriptive code standards when the standards are found infeasible or prove to be a hardship due to the building code standards in place at the time of the building's original construction. It also encourages a more collaborative approach between the applicant and the City in working through code challenges inherent in reuse projects. Projects proposing an adaptive reuse project are subject to the City's Site Plan Review process, where projects will be reviewed for compliance with the provisions of the Adaptive Reuse Ordinance and applicable provisions of the SAMC. Adaptive reuse projects will be non - discretionary except for instances where modifications are proposed to a building listed on a historical register. The non - discretionary process will help expedite the reuse of buildings, encourage reuse projects within geographic incentive areas will ensure that eligibility criteria are being met. Finally, the review process will ensure that all applicable historic building standards that may be applicable are complied with. 75B -6 Zoning Ordinance Amendment No. 2014 -02 October 27, 2014 Page 5 Economic Development Task Force On October 14th, 2014 a presentation regarding the adaptive reuse ordinance was given to the Economic Development Task Force, a panel consisting of local and regional economic development representatives and business owners. The purpose of the presentation was to review the proposed ordinance and to receive feedback from the panel regarding the ordinance. Following the presentation, the majority of the Task Force members commented on the benefits of an adaptive reuse ordinance. Most notably among these were the streamlined process identified within the ordinance and the ability to convert an underutilized and/or outdated building for an alternate use. At the conclusion of the presentation and discussion, the Task Force agreed with staff's direction to present the adaptive reuse ordinance to the Planning Commission and City Council for adoption. Public Notification The proposed citywide amendments are not located within the boundaries of a specific Neighborhood Association. However, staff has been in contact with various stakeholders including property owners, real estate brokers and developers active in the community that may be affected by the proposed ordinance. A notice of the hearing was published in the Orange County Reporter. At the time of this printing, no correspondence, by phone, written, or electronic, had been received from any members of the public. CEQA Compliance In accordance with the California Environmental Quality Act, the recommended action is exempt from further review pursuant to Section 15061(bx3) of the CEQA Guidelines. This exemption is allowed when the activity, in this case the recommendation of adoption of the ordinance, follows the general rule that CEQA only applies to projects which have the potential for causing a significant effect on the environment. The proposed adaptive reuse ordinance encourages the reuse of existing structures and will not have a significant effect on the environment. A Notice of Exemption (Environmental Review No. 2014 -88) will be filed for this project. Strategic Plan Alignment Approval of this item supports the City's efforts to meet Goal No. 3 Economic development, Objective No. 2 (create new opportunities for business/job growth and encourage private development through new General Plan and Zoning Ordinance policies). 75B -7 Zoning Ordinance Amendment No. 2014 -02 October 27, 2014 Page 6 Conclusion The proposed action would amend the Santa Ana Municipal Code to allow the adaptive reuse of buildings that meet certain eligibility requirements and which are located within certain incentive areas of the City. The ordinance would establish criteria and incentives that encourage the reuse of vacant, obsolete and /or underutilized for buildings with uses that are consistent with the existing context and character of its location. Based on the background analysis provided within this report, staff recommends that the Planning Commission recommend that the City Council approve Zoning Ordinance Amendment No. 2014 -02. Vince Fregos , AIC Acting Planning anger VF:jm VFV80"IZGA 2014-02 Adapuve Re -102714.pc Attachment: Exhibit 1 — Proposed Adaptive Reuse Ordinance 75B -8 City of Santa Ana `.- Adaptive Reuse Project Incentive Areas EXHIBIT B Adaptive Reuse Project Incentive Areas o 0.6 1.2 Mites ONorth Main Street 0 Midtown 0 Transit Zoning Code 0 First/Grand Corridor 75B -9 L ME i y A Q G V G d O CL Aa c y Q N � 7 N � G in v `o a r � .. v Eno � ss 75B -12 0 a v u C .O a` a K c v 75B -14 ROH 10/27/14 ORDINANCE NO. NS -XXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 41 OF THE SANTA ANA MUNICIPAL CODE TO ALLOW THE ADAPTIVE REUSE OF ELIGIBLE BUILDINGS IN PROJECT INCENTIVE AREAS. THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The Santa Ana Municipal Code does not currently contain standards for the adaptive reuse of vacant and /or obsolete buildings. Such adaptive reuse programs are necessary to ensure that development proposals for older buildings can be reviewed in a comprehensive, thorough manner to ensure compatibility with the site and surrounding land uses. B. Older buildings may have construction methods and site configurations that make them suitable for alternate uses beyond the original use intended. C. The adaptive reuse of structures, including historic and non - historic structures, has been found to support environmental sustainability by encouraging the reuse of built structures for alternate uses. D. The proposed zoning code provisions will not adversely affect the character, livability or appropriate development in the City and that the adaptive reuse ordinance is consistent with the goals, objectives and provisions of the City's General Plan. E. Zoning Ordinance Amendment No. 2014 -02 is to amend Chapter 41, establishing a new Article XVI.II, allowing certain buildings to apply for the adaptive reuse of the building. This Zoning Ordinance Amendment will allow the adaptive reuse of a building to be reviewed by all pertinent Departments of the City and the Orange County Fire Authority (OCFA). F. Zoning Ordinance Amendment No. 2014 -02 supports the General Plan policies of encouraging high- density residential development within the City's District Centers, support projects that contribute to the redevelopment and revitalization of the urban centers, promote rehabilitation of commercial properties and encourage increased levels of capital investment, support development which provides a positive 75B -15 contribution to neighborhood character and identity, encourage the retention and reuse of historical buildings and sites, and encourage development which provides a clean and safe environment for the City's residents, workers and visitors. G. On September 8, 2014, and October 27, 2014, the Planning Commission held a duly noticed public hearing and voted to recommend that the City Council adopt Zoning Ordinance Amendment No. 2014 -02 to create Article XVI.II of the Santa Ana Municipal Code to adopt standards of approval for the adaptive reuse of buildings for eligible buildings in project incentive areas. H. Zoning Ordinance Amendment No. 2014 -02 came before the City Council of the City of Santa Ana for a duly noticed public hearing on November 18, 2014, to consider all testimony, written and oral. I. The City Council adopts as findings all facts presented in the Request for Council Action dated November 18, 2014 accompanying this matter. For these reasons, and each of them, Zoning Ordinance Amendment No. 2014 -02 is hereby found and determined to be consistent with the General Plan of the City of Santa Ana and otherwise justified by the public necessity, convenience, and general welfare. J. The Request for Council Action for this ordinance dated November 18, 2014, shall by this reference be incorporated herein, and together with this ordinance, any amendments or supplements and the oral testimony before the City Council at this meeting, shall additionally constitute the necessary findings for this ordinance. K. All provisions of the Santa Ana Municipal Code which are repeated herein are repeated solely in order to comply with the provisions of Section 418 of the City Charter. Any such restatement of existing provisions of the Code is not intended, nor shall it be interpreted, as constituting a new action or decision of the City Council, but rather such provisions are repeated for tracking purposes only in conformance with the Charter. Section 2. Pursuant to the California Environmental Quality Act ( "CEQA ") and the State CEQA Guidelines, the adoption of this ordinance is exempt from CEQA review pursuant to 14 California Code of Regulations section 15061(b)(3), which is applicable if it can be seen with certainty that there is no possibility that the project may have a significant effect on the environment. The proposed ordinance will only allow the reuse of vacant and /or obsolete buildings with little or no new construction. As a result, a Notice of Exemption will be filed upon adoption of this ordinance. Section 3. Article XVI.II, Section 41 -1650 of Chapter 41 of the Santa Ana Municipal Code is hereby added to read as follows: 2 75B -16 Article XVI.II Adaptive Reuse Sec. 41 -1650. Purpose. The purpose of this Adaptive Reuse Article is to provide alternative building and fire standards for the conversion of Eligible Buildings, or portions thereof, in Project Incentive Areas from Nonresidential Uses to dwelling units, guest rooms or joint living and work quarters. The alternative building standards are designed to provide a reasonable level of safety to the building occupants and are in conformance with the provisions of Section 17958.11 of the California Health and Safety Code. Section 4. Section 41 -1651 of Chapter 41 of the Santa Ana Municipal Code is hereby added to read as follows: Sec. 41 -1651. Definitions. a) Adaptive Reuse Project — Any change of use from Nonresidential Use to dwelling units, guest rooms or joint living and work quarters in all or any portion of any Eligible Building. b) Eligible Building — Any building within a Project Incentive Area that was constructed in accordance with building and zoning codes in effect prior to July 1, 1974, or which has been determined to be a Historically Significant Building. c) Historically Significant Building — Any building that is listed on the National Register of Historic Places, the California Register of Historical Resources, or the City of Santa Ana Register of Historical Properties, or is eligible for such listing based on the criteria of each respective listing process. d) Nonresidential Use — Any use other than dwelling units, guest rooms or joint living and work quarters. e) Project Incentive Area — An area of the City eligible for an Adaptive Reuse Project. These areas include properties located in the Midtown Specific Plan Zoning District (SP -3); the Transit Zoning Code District (SD -84); the North Main Street Corridor on both sides of Main Street from Seventeenth Street to the northernmost Main Place Drive; and, the East First Street Corridor on both sides of First Street from Grand Avenue to Elk Lane. Section 5. Section 41 -1652 of Chapter 41 of the Santa Ana Municipal Code is hereby added to read as follows: 3 75B -17 Sec. 41 -1652. Applicability. The change of use of an existing, economically obsolete building into a new, more productive use such as apartments, condominiums or live /work units is permitted subject to compliance with the following standards: a) Eligibility. Projects must meet the following criteria to be an eligible Adaptive Reuse Project: 1. Project site shall be located in one of the Project Incentive Areas, as defined in section 41- 1651(e). 2. The building must be an Eligible Building, as defined in section 41- 1651(b). b) Development Standards. Adaptive Reuse Projects shall, at a minimum, be in compliance with the following development standards: 1. The residential units shall be a minimum of 500 square feet in size. 2. The ground floor of a multi -level building with three stories or more containing street frontage shall be used as commercial /retail space. 3. Common area spaces for the building, such as lobbies and recreation rooms, when located on the ground floor, may not exceed 50% of the ground floor square footage. 4. Open space shall be provided at a rate of 10 percent of the building square footage, and may be public or private and shall be disbursed throughout the building. At least 25 percent of the open space shall be in the form of a community /recreation room(s). The remaining open space may consist of private balconies (50 square feet minimum), pool and spa areas, and public courtyards. Public courtyards shall include seating areas, enhanced landscaping, barbeque areas and other amenities as determined by the Planning Division. 5. Historically Significant Buildings shall comply with chapter 30 of this Santa Ana Municipal Code, facade easements and any other related historic guidelines, including the Secretary of the Interior Standards for any necessary exterior modifications. C) Project Incentives. Adaptive Reuse Projects that comply with the Development Standards are eligible for the following project incentives: H 75B -18 1. The project can exceed the maximum general plan density for the site provided the Adaptive Reuse Project is in compliance with the development standards. 2. Existing building setbacks may remain and shall be considered legal nonconforming, but no further encroachments shall be permitted into any nonconforming setback. 3. The height of the structure, if it exceeds the maximum height of the zoning district, may remain and shall be considered legal nonconforming, and any rooftop construction shall be included within the height exemption. 4. A new loading zone shall not be required if the existing building does not have an existing loading zone. 5. New parking spaces shall not be required for any converted use within the building, but any new square footage that includes any new units shall require additional parking at a minimum rate of 2 spaces per unit. d) Housing Opportunity Ordinance. Projects must comply with the following to be an eligible Adaptive Reuse Project: 1. Project shall comply with Article XVIII.I of the Santa Ana Municipal Code (Sections 41 -1900 through 41- 1910), otherwise known as the Housing Opportunity Ordinance. Section 6. Section 41 -1653 of Chapter 41 of the Santa Ana Municipal Code is hereby added to read as follows: Sec. 41 -1653. Zoning Residential uses shall be allowed in the Project Incentive Areas irrespective of the underlying zoning as part of an approved Adaptive Reuse Project. Section 7. Section 41 -1654 of Chapter 41 of the Santa Ana Municipal Code is hereby added to read as follows: Sec. 41 -1654. Alternative Building Standards for Adaptive Reuse Projects a) The alternative building regulations adopted pursuant to this section shall be applicable in Project Incentive Areas. The alternative building regulations need not impose the same requirements as regulations adopted pursuant to California Health and Safety Code Section 17922, but W 75B -19 in permitting repairs, alterations, and additions necessary to accommodate Adaptive Reuse Projects, the alternative building regulations shall impose such requirements as will, in the determination of the Building Official, protect the public health, safety, and welfare. b) Alternate Material, Design, or Method of Construction. The property owner must submit an application for an alternate material, design, or method of construction in accordance with Chapter 8 of the Santa Ana Municipal Code. Upon receipt of such application, the Building Official shall have the authority to review and grant approval when the proposed design is found satisfactory and complies with the intent of the provisions of current building codes in effect, and that the material, method or work offered is justified by current accepted performance based engineering and analysis in assessing quality, strength, effectiveness, fire resistance, durability, and safety. C) The Building Official shall review Adaptive Reuse Project proposals on a case -by -case basis, and may require pre - submittal meetings at his or her discretion. d) Nothing in this section shall be construed to allow the reduction of the seismic or fire and life safety elements of an Eligible Building where such elements provide a greater level of protection than the minimum requirements established by this section. Section 8. Section 41 -1655 of Chapter 41 of the Santa Ana Municipal Code is hereby added to read as follows: Sec. 41 -1655. Alternative Fire Standards for Adaptive Reuse Projects a) Subject to the approval of OCFA, the use or occupancy of an Eligible Building shall be allowed to be changed as part of an Adaptive Reuse Project, and the Eligible Building is allowed to be occupied for purposes in other groups without conforming to all of the requirements of the California Fire Code (and the California Building Code when applicable) for those groups, provided the new or proposed use is less hazardous, based on life and fire risk, than the existing use. The provisions of the California Fire Code (and the California Building Code when applicable) are not intended to prevent the installation of any material or to prohibit any method of construction not specifically prescribed by the California Fire Code, provided that any such alternative has been approved. b) Alternative Materials and Methods (AM &M). The property owner must submit an AM &M application for any Adaptive Reuse Project to the Orange County Fire Authority (OCFA). OCFA is authorized to approve an AM &M for construction where OCFA finds that the proposed design is 0 75B -20 satisfactory and complies with the intent of the provisions of the California Fire Code, and that the material, method or work offered is, for the purpose intended, at least equivalent of that prescribed in the California Fire Code in quality, strength, effectiveness, fire resistance, durability and safety. c) Fire Life Safety (FLS) Report. A feasibility study or FLS report is required to be provided by the property owner to assist OCFA to identify the status of subject Adaptive Reuse Project. The FLS report is intended to identify the Eligible Building's existing features and evaluate it against the current code requirements. OCFA will review the FLS report and evaluate the proposal for final recommendations. d) OCFA shall review Adaptive Reuse Project proposals on a case -by -case basis, and may require pre - submittal meetings at its discretion. e) Modifications. Whenever there are practical difficulties involved in carrying out the provisions of the California Fire Code, OCFA shall have the authority to grant modifications for individual cases, provided OCFA shall first find that special individual reasons make the strict letter of the California Fire Code impractical and the modification is in compliance with the intent and purpose of the California Fire Code and that such modification does not lessen health, life and fire safety requirements. Section 9. Section 41 -1656 of Chapter 41 of the Santa Ana Municipal Code is hereby added to read as follows: Sec. 41 -1656. Alternate Public Works Agency Standards for Adaptive Reuse Projects a) The Public Works Agency may adopt alternate standards for projects within Project Incentive Areas. The Public Works Agency need not impose the same requirements as regulations permitting repairs, alterations, and additions necessary to accommodate Adaptive Reuse Projects, but shall impose such requirements as will, in the determination of the Executive Director, protect the public health, safety, and welfare. b) The Executive Director shall review Adaptive Reuse Project proposals on a case -by -case basis, and may require pre - submittal meetings at his or her discretion. Section 10. 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 rl 75B -21 or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. ADOPTED this day of APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Ryan O. Hodge Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers 2014 Miguel A. Pulido Mayor CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS -XXX to be the original ordinance adopted by the City Council of the City of Santa Ana on , and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana L 75B -22