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FULL PACKET_2019-07-16
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Clerk of the Council
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7/16/2019
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to Applicebtlfty of Code, conVId <br />Sec. 41,2002. Nonconforming buildings, structures and uses <br />(a) A nonconforming building, structure or use shall comply with Article VI as <br />modified as follows: <br />(1) A building or structure that does not conform to the architectural style or <br />story height requirements at the time of the adoption of this Article shall <br />not <br />cause the structure to be nonconforming. <br />(2) Sections 41-661.1 through 41-681.4 shall hat apply to this Article. <br />(3) Rehabilitation, enlargement or exterior structural alterations of any noncon- <br />forming structure or structure occupied by a nonconforming use, except <br />for structures occupied by single family and two-family dwellings, may be <br />rehabilitated as follows: <br />a. Rehabilitation limited to structural or non-structural alterations <br />without any building expansion Is permitted If: <br />1. All signage on the structure and the site on which it Is located shall <br />be brought Into conformity with the signage requirements of this <br />Chapter. <br />2. All outdoor storage shall be screened by a solid screen wall not to <br />exceed 8 feet In height Outdoor storage shall not exceed the height <br />of the screen wall. <br />3. There shall be no increase in the number of dwelling units unless the <br />site on which the structure is located complies with the off-street <br />pa riding and open space requirements of this Chapter. <br />4. Architectural massing, features and detailing shall be modified to <br />bring the structure Into closer compliance with the architectural <br />standards of this code, as deemed appropriate by the Executive <br />Olrector of the Planning and Building Agency, or their designee. <br />D. Rehabilitation may Include expansion when the total floor area of all <br />expansions occurring in any five-year period does not exceed ten (10) <br />percent of the floor area as It existed tithe beginning of the five years, <br />provided that the following conditions are met: <br />to the following: <br />a. Structural alterations and additions may he made where the total floor <br />area of all such expansions occurring in a five-year period does not <br />exceed forty (40) percent of the floor space of the building as It existed <br />at the beginning of said time, provided the number of dwelling units Is <br />not Increased; and no new nomaonformances with the requirements of <br />this code are created. <br />b. Structural alterations and additions which exceed forty (40) percent of <br />the total floor area as It existed at the beginning of a five-year period; <br />or remodeling which Involves the demolition of more than fifty (50) <br />percent of the building shall be permitted; provided that the following <br />conditions are met: <br />1. Off-street parking shall be provided In conformance with the require. <br />merits of this Chapter. <br />2. No new nonconformltles with the requirements of this Chapter are <br />created. <br />3. A minimum ofelght hundred(800) square feet of usable, continuous, <br />non -front yard open -space, excluding driveways and parking areas Is <br />provided. Any open space with a minimum dimension of fifteen 05) <br />feet by fifteen (15) feet shall be deemed continuous open space. <br />c. Where rehabilitation of a building Involves more than fifty (50) percent <br />ate building wall which encroaches Into a front orslde yard setback and <br />Is demolished or Is structurally altered, the remainder of the building <br />wail shall be demolished. Any subsequent building wall shall conform to <br />all provisions of this Chapter. <br />d. An existing two -car garage with a minimum dimension of eighteen If 8) <br />feet by eighteen (IS) feet exterior dimension shall be considered con- <br />forming. <br />e. Remodel shall mean tommnstrucq or to make over in structure or style, <br />but shall exclude re -roof, window replacement, exterior finish replace- <br />ment and repair or similar modifications. <br />Sec. 41-2003. Affordable Housing Development Incentives, <br />1. All signage on the structure and the site on which It Is located shall <br />be brought Into conformity with the requirements of this chapter. Any affordable housing project may use any or all of the following incentives <br />pursuant to an Affordability Covenant Permit: <br />2. There shall be no loading or unloading of vehicles between the <br />hours of 10 pm and 7 am. <br />3. All outdoor storage shall be screened by a solid screen wall not to <br />exceed 8 feet in height. Outdoor storage shall not exceed the height <br />of the screen wall. <br />4. There shall be no enlargement which would Intrude into any <br />required yard. <br />5. There shall be no enlargement which would result in a new noncon- <br />formity with the requirements of this Chapter. <br />6. Off-street parking shall be provided in conformance with the <br />requirements of this Chapter. <br />7. Landscaping shall be Improved to bring the site on which the strut <br />ture Is located Into closer compliance with the landscaping require- <br />ments of this Chapter, as deemed appropriate by the Executive <br />Director of Planning and Building Agency, or their designee. <br />8. Architectural massing, features and detailing, shall be modified to <br />bring the structure Into closer compliance with the architectural <br />standards of this Chapter, as deemed appropriate by the Executive <br />Director of Planning and Building Agency, or their designee. <br />(4) Rehabilitation, enlargement or exterior structural alterations of buildings <br />occupied by a single family and two-family dwellings is permitted subject <br />(a) Parking Design Incentive: Allows for tandem parking not to exceed 30 per- <br />cent of the required parking per residential unit. <br />Sh Private Open Space Incentive: For purposes of meeting the private open <br />space requirement the private open space Incentive allows for encroach <br />ment Into required front or side setbacks for porches that project from the <br />main building facade up to 50 percent of the required setback, provided <br />that <br />the remaining setback area Is not less than 5 feet. <br />(c) Density Bonus Incentive: The state density bonus law, (California <br />Government Code sections 65915 through 6S938, as It may be amended <br />from time to time) allows developers who guarantee that a portion of their <br />residential development will be available to low Income, very low -Income <br />or senior households to construct additional units beyond that permitted by <br />the general plan land use element. This Specific Development does not <br />place a limit on the number of units allowed provided that the project com- <br />plies with the specified limitations on height, setbacks, floor area, open <br />space, massing and other zoning regulations. <br />a. For purposes of this section, the maximum density allowed shall be <br />based on the highest number of the density range shown on table BT-0, <br />b. All requests for density bonus shall follow the procedures and <br />regulations established by Article %VI.I. <br />TRANSIT ZONING CODE 1:4 <br />SPECIFIC DEVELOPMENT 84 <br />City of Santa Ana, California <br />11A-10 <br />
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