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Harbor Mixed Use Transt Corridor Plan
<br />Nonconforming Buildings, structures and Uses
<br />A nonconforming building, structure or use shall comply with all of Article VI of
<br />the SAMC, except as modified below:
<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 Specific Plan
<br />shall not cause the structure to be non - conforming.
<br />2. Sections 41 -681.1 through 41-681.4 of the SAMC shall not apply to this
<br />Specific Plan.
<br />3. Rehabilitation, enlargement or exterior structural alterations of any
<br />nonconforming structure or structure occupied by a nonconforming use,
<br />except for structures occupied by single family and two-family dwellings,
<br />may be rehabilitated as follows:
<br />a. Rehabilitation limited to structural or non-structural alterations without
<br />any building expansion is permitted if:
<br />i. All signage on the structure and the site on which it is locatetl shall
<br />be brought into conformity with the signage requirements of this
<br />Specific Plan.
<br />it. All outdoor storage shall be screened by a solid screen wall not to
<br />exceed eight feet in height. Outdoor storage shall not exceed the
<br />height of the screen wall.
<br />iii. There shall be no increase in the number of dwelling units unless
<br />the site on which the structure is located complies with the off -
<br />street parking and open space requirements of this Specific Plan.
<br />iv. Architectural massing, features and detailing shall be modified to
<br />bring the structure into closer compliance with the architectural
<br />standards of this Specific Plan, as deemed appropriate by the
<br />Executive Director of the Planning and Building Agency, or their
<br />designee.
<br />b. Rehabilitation may include expansion when the total fiber area of
<br />all expansions occurring in any five -year period does not exceed ten
<br />percent of the floor area as it existed a[ the beginning of the five years,
<br />provided that the following conditions are met:
<br />I . All signage on the structure and the site on which it is located shall
<br />be brought into conformity with the requirements of this Specific
<br />Plan.
<br />ii. There shall be no loading or unloading of vehicles between the
<br />hours of 10 pm and 7 am.
<br />iii. All outdoor storage shall be screened by a solid screen wall not to
<br />exceed eight feel in height. Outdoor storage shall not exceed the
<br />height of the screen wall.
<br />iv. There shall be no enlargement which would intrude into any
<br />required yard.
<br />v. There shall be no enlargement which would result in a new,
<br />nonconformity with the requirements of this Specific Plan.
<br />vi. Off- street parking shall be provided in conformance with the
<br />requirements of this Specific Plan.
<br />vii. Landscaping shall be improved to bring the site on which the
<br />structure is located into closer compliance with the landscaping
<br />requirements of this Specific Plan, as deemed appropriate by
<br />the Executive Director of Planning and Building Agency, or their
<br />designee.
<br />viii.Architectural massing, features and detailing, shall be modified to
<br />bring the structure into closer compliance with the architectural
<br />standards of this Specific Plan, as deemed appropriate by the
<br />Executive Director of Planning and Building Agency, or their
<br />designee.
<br />4. Rehabilitation, enlargement or exterior structural almostions of buildings
<br />occupied by a single family and two- family dwellings is permitted subject
<br />to the following:
<br />a. Structural alterations and additions may be made where the total floor
<br />area of all such expansions occurring in a five -year period does not
<br />exceed forty percent of the floor space of the building as it existed at
<br />the beginning of said tme, provided the number of dwelling units is
<br />not increased, and no new non conformances with the requirements of
<br />this code are created.
<br />b. Structural alterations and additions which exceed forty percent of the
<br />total floor area as it existed at the beginning of a five -year period; or
<br />remodeling which involves the demolition of more than fifty percent of
<br />the building shall be permitted; provided that the following conditions
<br />are met:
<br />I. Off- street parking shall be provided in conformance with the
<br />requirements of this Specific Plan.
<br />ii. No new nonconformities with the requirements of this Specific Plan
<br />are created.
<br />c. Where rehabilitation of a building involves more than fifty percent of a
<br />building wall which encroaches into a front or side yard setback and is
<br />demolished or is structurally altered, the remainder of the building wall
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<br />y at 11 s
<br />shall be demolished. Any subsequent building wall shall conform to all
<br />provisions of this Specific Plan.
<br />J. An exist ng two -car garage with a minimum dimension of eighteen feet
<br />by eighteen feet exterior dimension shall be considered cordorning.
<br />e. Remodel shall mean to reconstruct, or to make over in structure or
<br />style, but shall exclude re -roof, window replacement, exterior finish
<br />replacement and repair or similar modifications.
<br />Interpretation
<br />In case of uncertainty or ambiguity to the meaning or intent of any provision of
<br />this Specific Plan, the Executive Director of the Planning and Building Agency
<br />(Executive Director) or their designee has the authority to interpret the intent
<br />of the provision. The Director may, at their discretion, refer interpretations to
<br />the Planning Commission for consideration and action. Such a referral shall
<br />be accompanied by a written analysis of issues related to the interpretation.
<br />All land uses not listed in Table 3 -2 shall be prohibited, except that the
<br />Executive Director has the authority to interpret, in cases of uncertainty,
<br />the intent of this Specific Plan as to whether an unlisted land use shall be
<br />designated as permitted, not permitted, or requiring a conditional use permit,
<br />land use cergficate, and/or site plan review.
<br />All interpretations made by the Director or Zoning Administrator may be
<br />appealed to the Planning Commission and City Council in accordance with the
<br />appeal procedures in Section 41 -645 of the SAMC.
<br />Severability
<br />If any section, subsection, sentence, clause, or phrase of this Specific Plan, or
<br />future amendments or additions hereto, is for any reason held to be invalid or
<br />unconstitutional by the decision of any court, such decision shall not affect the
<br />validity of the remaining portions of the plan.
<br />Environmental Assessment
<br />An environmemal impact report (EIR) has been prepared as a companion
<br />document to this Specific Plan and will provide California Environmental
<br />Quality Act (CEQA) review for approval of the Harbor Corridor Plan. The EIR
<br />serves primarily as a source of environmental information for the City of Santa
<br />Ana as lead agency for the project. The EIR describes the potential impacts
<br />that could result from the adoption of the Harbor Corridor Plan.
<br />The EIR has been prepared as a program EIR as defined by Section 15168 of
<br />the CEQA Guidelines. As defined by secdon 15161 of the CEQA Guidelines,
<br />subsequent projects that are within the scope of the EIR will not require further
<br />environmental documentation nor focused environmental analysis, unless
<br />determined by the Executive Director of the City of Santa Ana to have the
<br />potential for environmental impacts not addressed in the EIR.
<br />Definitions
<br />The following section defines words and phrases for use and interpretation in
<br />this Specific Plan, unless from the context a different meaning is intended or
<br />unless a different meaning is specifically defined and more particularly directed
<br />to the use of such words or phrases.
<br />The words used in the present tense include the future tense, and words in
<br />the singular number include the plural number. If any of the definitions in this
<br />section conflict with definitions in Chapter 41 of the SAMC, these definitions
<br />shall control for the purposes of this Specific Plan.
<br />Accessory structure: An accessory structure or building is a detached
<br />building or structure, or part of a building or structure, which is incidental or
<br />subordinate to the main building, structure or use on the same lot or parcel
<br />of land, without cooking facilities (e.g., storage shed, garage, gazebo), and is
<br />used exclusively by the occupant of the main building.
<br />Adult business: A business as defined in Section 41- 1701.6 of the SAMC
<br />Alley: An alley is any public or private thoroughfare for the use of pedestrians
<br />or vehicles, not less than ten (10) feet nor more than thirty (30) feet in width,
<br />and is intended for service and only a secondary means of access to abutting
<br />properties.
<br />Arcade: soe'Frontage Types'
<br />Artisan /craft product manufacturing: The manufacturing of products
<br />primarily by hand by persons trained in an artistic skill, including ceramics,
<br />pottery, glass blowing, or sculptures.
<br />Bank, financial institution: An establishment for the custody, loan, exchange
<br />or issue of money, for theextension of credit, and for facilitalingthe transmission
<br />of funds. Excludes check crashers as defined by California Civil Code section
<br />1789.31.
<br />Bike- or bicycle - friendly: The practice of addressing the needs of bicyclists
<br />through urban design and streetscepe principles co that bicyclists are not
<br />7 -2 City of Santa Ana
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