Item 06 - ZONING ORDINANCE AMENDMENT NO. 2022-03

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Ordinance No. NS-XXX Page 22 of 54 determined by the Orange County Fire Authority and the Santa Ana Police Department. (14) The applicant and property owner shall enter into an agreement holding the City of Santa Ana harmless from all legal actions that may arise due to the operation of the electrified fence. The agreement shall be recorded with the property and shall release the City of Santa Ana from all liability whatsoever. Section 32. Section 41-623 (Trash bin enclosures) of Chapter 41 of the SAMC is hereby amended to read as follows: Sec. 41-623. - Trash bin enclosures. (a) An enclosure for the storage of discarded material containers that are serviced by the city’s solid waste collection contractor is required for each commercial or industrial establishment and for each residential development consisting of three (3) or more dwelling units; except that for commercial or industrial establishments sharing vehicular access and parking in an integrated development, a shared enclosure may be provided for each group of four (4) or less such establishments, provided that any such shared enclosure shall be maintained as freely accessible to all establishments originally assigned to share in its use. Enclosures shall be adequate in capacity, number, and distribution to serve the uses on-site. (b) Persons applying for a permit from the city for new construction and building additions and alterations shall comply with the requirement that enclosures have adequate space for the city’s three-collection container recycling program. Permit applicants for the project types described below must, as a condition of the city’s permit approval, comply with the following enclosure requirements and comply with the enclosure design guidelines pursuant to subsections (c) and (d). (1) New commercial construction, or additions resulting in an increase of 30 percent or more of the floor area shall provide readily accessible recycling areas identified for the storage and collection of grey container, blue container, and green container or brown container materials, consistent with the three- container collection program offered by the city pursuant to Chapter 16, Article II of this code, and shall comply with provision of adequate space for recycling for commercial premises pursuant to section 5.410.1 of the California Green Building Standards Code, 24 CCR, Part 11 as amended. (2) New multifamily construction with more than three (3) units shall provide readily accessible recycling areas identified for the storage and collection of grey container, blue container, and green container or brown container materials, consistent with the three-container collection program offered by the city pursuant to Chapter 16, Article II of this code, and shall comply with provision of adequate space for recycling for multifamily premises pursuant to sections 4.410.2 of the California Green Building Standards Code, 24 CCR, Part 11 as amended.