80A - TRANSIT CODE AND STATION DISTRICT - EXHIBIT D - SPECIFIC PLAN 84 - 6-7-2010 version

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1.0 -Applicability of Code, cont'd Sec. 41-2002. Nonconforming buildings, structures and uses 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 (a) A nonconforming building, structure or use shall comply with Article VI as exceed forty (40) percent of the floor space of the building as it existed modified as follows: at the beginning of said time, provided the number of dwelling units is not increased; and no new non-conformances with the requirements of (1) A building or structure that does not conform to the architectural style or this code are created. story height requirements at the time ofthe adoption ofthis Article shall not cause the structure to be non-conforming. 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 (2) Sections 41-681.1 through 41-681.4 shall not apply to this Article. remodeling which involves the demolition of more than fifty (50) percent ofthe building shall be permitted; provided thatthe followingconditions (3) Rehabilitation, enlargement or exterior structural alterations of any noncon- are met: forming structure or structure occupied by a nonconforming use, except for structures occupied by single family and two-family dwellings, may be 1. Off-street parking shall be provided in conformance with the require- rehabilitated as follows: ments ofthis Chapter. a. Rehabilitation limited to structural or non-structural alterations 2. No new nonconformities with the requirements ofthis Chapter are without any building expansion is permitted if. created. 1. All signage on the structure and the site on which it is located shall 3. A minimum of eight hundred (800) square feet of usable, continu- be brought into conformity with the signage requirements of this ous, non-front yard open-space, excluding driveways and parking Chapter. areas is provided. Any open space with a minimum dimension of fifteen (15) feet by fifteen (15) feet shall be deemed continuous open 2. All outdoor storage shall be screened by a solid screen wall not to space. exceed 8 feet in height. Outdoor storage shall not exceed the height ofthe screen wall. c. Where rehabilitation ofa building involves morethanfifty (50) percent of a building wall which encroaches into a front or side yard setback and is 3. There shall be no increase in the number of dwelling units unless demolished or is structurally altered, the remainder of the building wall the site on which the structure is located complies with the off-street shall be demolished. Any subsequent building wall shall conform to all parking and open space requirements ofthis Chapter. provisions ofthis Chapter. 4. Architectural massing, features and detailing shall be modified to d. An existing two-car garage with a minimum dimension of eighteen (18) bring the structure into closer compliance with the architectural feet by eighteen (18) feet exterior dimension shall be considered con- standards of this code, as deemed appropriate by the Executive forming. Director of the Planning and Building Agency, or their designee. e. Remodel shall mean to reconstruct, orto make over in structure or style, b. Rehabilitation may include expansion when the total floor area of all but shall exclude re-roof, window replacement, exterior finish replace- expansions occurring in any five-year period does not exceed ten (10) ment and repair or similar modifications. percent of the floor area as it existed at the beginning ofthe five years, provided that the following conditions are met: 1. All signage on the structure and the site on which it is located shall Sec. 41-2003. Affordable Housing Development Incentives. be brought into conformitywith the requirements ofthis chapter. Any affordable housing project may use any or all of the following incentives 2. There shall be no loading or unloading ofvehicles between the hours pursuant to an Affordability Covenant Permit: of 10 pm and 7 am. (a) Parking Design Incentive: Allows for tandem parking not to exceed 30 per- 3. All outdoor storage shall be screened by a solid screen wall not to cent ofthe required parking per residential unit. exceed 8 feet in height. Outdoor storage shall not exceed the height of the screen wall. (b) Private Open Space Incentive: For purposes of meeting the private open space requirement, the private open space incentive allows for encroach 4. There shall be no enlargement which would intrude into any required ment into required front or side setbacks for porches that project from the yard. main building facade up to 50 percent ofthe required setback, provided that the remaining setback area is not less than 5 feet. 5. There shall be no enlargement which would result in a new noncon- formity with the requirements ofthis Chapter. (c) Density Bonus Incentive: The state density bonus law, (California Government Code sections 65915 through 65918, as it may be amended 6. Off-street parking shall be provided in conformance with the require- from time to time) allows developers who guarantee that a portion of their ments ofthis Chapter. residential development will be available to low income, very low-income or senior households to construct additional units beyond that permitted by 7. Landscaping shall be improved to bring the site on which the strut- the general plan land use element. This Specific Development does not ture is located into closer compliance with the landscaping require- place a limit on the number of units allowed provided that the project com- ments of this Chapter, as deemed appropriate by the Executive plies with the specified limitations on height, setbacks, floor area, open Director of Planning and Building Agency, or their designee. space, massing and other zoning regulations. 8. Architectural massing, features and detailing, shall be modified to a. For purposes of this section, the maximum density allowed shall be bring the structure into closer compliance with the architectural based on the highest number ofthe density range shown on table BT-1. standards ofthis Chapter, as deemed appropriate by the Executive Director of Planning and Building Agency, or their designee. b. All requests for density bonus shall follow the procedures and regulations established by Article XVI.I. (4) Rehabilitation, enlargement or exterior structural alterations of buildings occupied by a single family and two-family dwellings is permitted subject to the following: TRANSIT ZONING CODE 1:4 SPECIFIC DEVELOPMENT 84 City of Santa Ana, California