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HomeMy WebLinkAbout75A - PH - CH 41 AMENDSREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 15, 2019 TITLE: PUBLIC HEARING — ADOPT A ZONING ORDINANCE AMENDMENT NO. 2018-04 TO AMEND SEVERAL SECTIONS OF CHAPTER 41 OF THE SANTA ANA MUNICIPAL CODE AND SECTIONS OF SPECIFIC DEVELOPMENT NO. 19 AND SPECIFIC DEVELOPMENT NO. 40 — CITY OF SANTA ANA, APPLICANT {STRATEGIC PLAN NO. 3,2; 5,3) 1'7:: RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s' Reading ❑ Ordinance on 2n° Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER It is recommended that the City Council adopt an ordinance approving Zoning Ordinance Amendment No. 2018-04. PLANNING COMMISSION ACTION At its regular meeting on December 10, 2018, the Planning Commission by a vote of 5:0 (Alderete absent) recommended that the City Council adopt an ordinance (Exhibit B) approving Zoning Ordinance Amendment (ZOA) No. 2018-04 amending several sections of Chapter 41 (Zoning) of the Santa Ana Municipal Code (SAMC) and sections of Specific Development No. 19 (SD-19)/French Park and Specific Development No. 40 (SD-40)/Heninger Park. The Planning Commission made no changes to the recommendation outlined in the attached staff report (Exhibit A). DESCRIPTION Staff is requesting approval of several amendments to Chapter 41 (Zoning) of the SAMC and sections of SD -19 and SD -40 to provide greater oversight and public input for certain developments, streamline certain processes, clarify and revise certain language and standards, and update code provisions to address current development, economic and housing trends. The proposed amendments are described and analyzed in Table 1: Summary of Amendments, below. 75A-1 Zoning Ordinance Amendment No. 2018-04 - Amend Various sections of Chapter 41 of the SAMC and sections of SD -19 and SD -40 January 15, 2019 Page 2 Table 1: Summary of Amendments �Eode�Sec6on(s") Sutjecf Issues antlf esofu'fions 41-150.5, 41-365, Schools: Requires Issue: Schools within the R1, R2, R3, R4 and RE 41-365.5, 41-412.5, approval of a conditional zoning districts currently require approval of a 41-424, 41-424.5, use permit (CUP) for conditional use permit by the Planning Commission. 41-521, 41-522, 41- schools within all zoning However, schools within the O, C1, C2, C4, C5 and 584, 41-584.5 and districts and sets CSM zoning districts do not require approval of a 41-638 development standards. conditional use permit and are allowed "by right" if the school complies with all development standards and parking ratios. Uses allowed "by right" are reviewed administratively by staff and do not require approval by the Planning Commission and/or City Council and in most cases minimal public input is involved. The City has recently received and processed applications for new schools in close proximity to sensitive land uses, raising concerns by Santa Ana residents. Schools can create impacts to the general vicinity, such as traffic and noise, if not properly evaluated. Because of this, staff is requesting that a CUP be required for schools in all zoning districts. This will allow for public input during the public hearing process and will allow for conditions to be placed on the school to mitigate or eliminate any potential effects on adjacent properties. Amendment Resolution: Creates consistency throughout all zoning districts and creates a process to allow for formal public input on new schools. In addition, the amendment creates a tool to require, when needed, additional analysis and studies to ensure schools will have no or minimal impacts on the surrounding land uses. 41-160, 41-246, Two -Family (R2) and Issue: The Two -Family Residence (R-2) and 41-247.5, 41-249, Townhouse Standards: Townhouse standards have not been updated since 41-250, 41-251, & Clarifies language and re- 1991 and do not reflect current housing trends. 41-273 through defines "townhouse" to be 41-289 consistent with Building Amendment Resolution: Creates additional Code terminology, opportunities for low to medium density housing and simplifies development helps address the City's Regional Housing Need standards, allows for the Allocation (RHNA) numbers. construction of 3 story townhouses subject to approval of a CUP and modifies off-street parking ratios. Er / .7/" ►-L Zoning Ordinance Amendment No. 2018-04 - Amend Various sections of Chapter 41 of the SAMC and sections of SD -19 and SD -40 January 15, 2019 Page 3 01900s) Subject tasues antl Resolutions 41-668 Development Project Issue: Service stations require special attention to Review: site design and traffic circulation to ensure minimal Requires new service- impacts to potentially sensitive neighboring land uses stations to go through the and streets. A comprehensive analysis by the city's development project Building Division, Planning Division, Police review process. Department, Public Works Agency and Orange County Fire Authority (OCFA) is warranted for this type of use. Amendment Resolution: Creates a formal review process for new service stations. SD 19 & SD40 French Park and Issue: Both SD -19 and SD -40 are considered Heninger Park Review historical districts that require projects to be reviewed Authority: Amends administratively and/or by the Historic Review language to clarify major Commission for major modifications. The language modification process and currently contained within these specific review authority. developments is unclear on which body of government is authorized to review major exterior modifications. In addition, both specific developments wording and format is different. Amendment Resolution: Creates a clear and uniform process for modifications of structures within these specific developments districts. At a special meeting on October 8, 2018, staff presented the proposed amendments to the EDIBIT Committee and, at that time, the committee recommended staff to proceed with the proposed amendments as proposed. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #3 - Economic Development, Objective #2 (create new opportunities for business/job growth and encourage private development through new General Plan and Zoning Ordinance policies), Goal #5 - Community Health, Livability, Engagement & Sustainability, Objective #3 (facilitate diverse housing opportunities and support efforts to preserve and improve the livability of Santa Ana neighborhoods). 75A-3 Zoning Ordinance Amendment No. 2018-04 - Amend Various sections of Chapter 41 of the SAMC and sections of SD -19 and SD -40 January 15, 2019 Page 4 FISCAL IMPACT There is no fiscal impact associated with this action. Minh Thai Executive Director Planning and Building Agency JG:fg SARFCA\2019\01-18-1920A No. 2018 -MMA No. 2018-04 RFCA.doc Exhibits: A. Planning Commission Staff Report B. Ordinance 75A-4 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: DECEMBER 10, 2018 TITLE: PUBLIC HEARING —ZONING ORDINANCE AMENDMENT NO. 2018-04 TO AMEND SEVERAL SECTIONS OF CHAPTER 41 OF THE SANTA ANA MUNICIPAL CODE AND SECTIONS OF SPECIFIC DEVELOPMENT NO. 19 AND SPECIFIC DEVELOPMENT NO. 40 — CITY OF SANTA ANA, APPLICANT (STRATEGIC PLAN NO. 3,2; 5,3) Prepared by Jerry C. Guevara Executive Director RECOMMENDED ACTION PLANNING COMMISSION SECRETARY APPROVED ❑ As Recommended ❑ As Amended ❑ Set Public Hearing For DENIED ❑ Applicant's Request ❑ Staff Recommendation CONTINUED TO Planning Manager Recommend that the City Council adopt an ordinance approving Zoning Ordinance Amendment (ZOA) No. 2018-04 to amend several sections of Chapter 41 (Zoning) of the Santa Ana Municipal Code (SAMC) and sections of Specific Development No. 19 (SD-19)/French Park and Specific Development No. 40 (SD -40)/ Heninger Park. Executive Summary The City of Santa Ana is requesting approval of several amendments to Chapter 41 (Zoning),of the Santa Ana Municipal Code (SAMC) to provide greater oversight and public input for certain developments, streamline certain processes, clarify and revise certain language and standards, and update outdated code provisions to address current development, economic and housing trends. Protect Background In 2017, the City began a series of zoning code revisions intended to streamline the development process and update outdated development standards. The latest amendments were approved by City Council in November 2017. The proposed amendments included in ZOA No. 2018-04 continue this effort. Prolect Description and Analysis Staff is proposing to amend several sections of Chapter 41 (Zoning) of the SAMC and sections of SD -19 and SD -40. These amendments are described and analyzed in Table 1: Summary of Amendments, below. 7 rEvh;h5 A Zoning Ordinance Amendment No. 2018-04 December 10, 2018 Page 2 Table 1: Summary of Amendments Code Section(s) Subject Issues and Resolutions 41-150.5,41-365, Schools: Requires Issue: Schools within the R1, R2, R3, R4 and RE 41-365.5, 41-412.5, approval of a conditional zoning districts currently require approval of a 41-424, 41-424.5, use permit (CUP) for conditional use permit by the Planning Commission. 41-521, 41-522, 41- schools within all zoning However, schools within the O, C1, C2, C4, C5 and 584, 41-584.5 and districts. Refer to "Exhibit CSM zoning districts do not require approval of a 41-638 2" for a comparison conditional use permit and are allowed "by right" if the analysis of other local school complies with all development standards and cities review process of parking ratios. Uses allowed "by right" are reviewed schools. administratively by staff and do not require approval by the Planning Commission and/or City Council and in most cases minimal public input is involved. The City has recently received and processed applications for new schools in close proximity to sensitive land uses, raising concern's by Santa Ana residents. Schools can create Impacts to the general vicinity, such as traffic and noise, if not properly evaluated. Because of this, staff is requesting that a CUP be required for schools in all zoning districts. This will allow for public input during the public hearing and will allow for conditions to be placed on the school to mitigate or eliminate any potential effects on adjacent properties. Amendment Resolution: Creates consistency throughout all zoning districts and creates a process to allow for formal public input on new schools. In addition, the amendment creates a tool to require, when needed, additional analysis and studies to ensure schools will have no or minimal impacts on the surrounding land uses. Review of Public, Charter and Private Schools: Public schools are governed by School Districts that have been established by the State of California. Because of this, public schools can exempt themselves from city planning and building regulations. However, when establishing a new public school within a city jurisdiction, the School District is required to consult with the local jurisdiction, but have the option of exempting themselves from local zoning and building codes. Charter schools, on the other hand, are required to comply with the local zoning and building regulations. However, if the charter school occupies a public school facility that has been exempted from local 75A-6 Zoning Ordinance Amendment No. 2018-04 December 10, 2018 Page 3 Code,SecNon(sJ Subject ., Issues and,.'Resolut/ons zoning and building ordinances, then such charter school is exempt from local regulations. Private schools are subject to city zoning and building re ulations. 41-160, 41-246, Two -Family (R2) and Issue: The Two -Family Residence (R-2) and 41-247.5, 41-249, Townhouse Standards: Townhouse standards have not been updated since 41-250, 41-251, & Clarifies language and re- 1991 and do not reflect current housing trends. 41-273 through defines "townhouse" to be 41-289 consistent with Building Amendment Resolution: Creates additional Code terminology, opportunities for low to medium density housing and simplifies development helps address the City's Regional Housing Need standards, allows for the Allocation (RHNA) numbers. constriction of 3 story townhouses subject to approval of a CUP and modifies off-street parking ratios. Refer to OExhibit 3" for an off-street parking comparison analysis of other cities parking ratios. 41-668 Development Project Issue: Service stations require special attention to Review: site design and traffic circulation to ensure minimal Requires new service- impacts to potentially sensitive neighboring land uses stations to go through the and streets. A comprehensive analysis by the city's development project Building Division, Planning Division, Police review process. Department, Public Works Agency and Orange County Fire Authority (OCFA) is warranted for this type of use. Amendment Resolution: Creates a formal review process for new service stations. SD 19 & SD40 French Park and Issue: Both SD -19 and SD -40 are considered Heninger Park Review historical districts that require projects to be reviewed Authority: Amends administratively and/or by the Historic Review language to clarify major Commission for major modifications. The language modification process and currently contained within these specific review authority. developments is unclear on which body of government is authorized to review major exterior modifications. In addition, both specific developments wording and format is different. Amendment Resolution: Creates a clear and uniform process for modifications of structures within these specific developments districts. 75A-7 Zoning Ordinance Amendment No. 2018-04 December 10, 2018 Page 4 Zoning and General Plan Sub -Committee On November 7, 2018, staff held a work study session with the Zoning and General Plan Sub - Committee to review the proposed amendments. The sub -committee recommended minor changes to the proposed amendments and suggested that specific requirements/findings be developed for schools. Table 2: CEQA, Strategic Plan Alignment and Public Notification & Community Outreach :CEQA CEQA Type Exempt per Section 15061 (b)(3) Reason(s) In accordance with the California Environmental Quality Act (CEQA) the Exempt or Analysis recommended action is exempt from CEQA per Section 15061(b) (3). This exemption applies to projects covered by the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, therefore, the activity is not subject to CEQA. Strategic Plan Alignment Goal(s) and Approval of this item supports the City's efforts to meet Goal No. 3 - Economic Policy(s) Development, Objective No. 2 (create new opportunities for businessfJob growth and encourage private development through new General Plan and Zoning Ordinance policies) and Goal No. 5 - Community Health, Livability, Engagement & Sustainability, Objective No. 3 (facilitate diverse housing opportunities and support efforts to reserve and improve the Iivabilit of Santa Ana neighborhoods). ' Public 'Notification &Community Outreach„ Required The proposed amendments are citywide, and the project site is not located within the Measures boundaries of one single neighborhood association. However, a notice was published in the Orange County Register. At the time of this printing, no correspondence, by phone, written, or electronic, has been received from any members of the public. Conclusion Based oA the analysis provided within this report, staff recommends that the Planning Commi�;i¢n recommend that the City Council approve Zoning Ordinance Amendment No. 2018- 04. / y No. 2018-0420A No. 2018-04 Chapter 41 Amendments.pe 10.22.18.4= Exhibits: 1. Proposed Draft Ordinance 2. Comparison Table of Schools Review Process 3. Comparison Table of Off -Street Parking Ratios 75A-8 ORDINANCE NO. NS -XX AN ORDINANCE OF THE ;CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SECTIONS 41-150.5, 41- 199.4, 41-365, 41-365.5, 41-412.5, 41-424, 41-424.5, 41- 521, 41-522, 41-584, and 41-584.5 (Schools), 41-160 AND DIVISION 6 OF ARTICLE III (TOWNHOUSE DEVELOPMENT STANDARDS), 41-246, 41-247.5, 41-249, 41-250 AND 41-251 (TWO-FAMILY RESIDENCE/R2), AND 41-668 (DEVELOPMENT PROJECT,PPCAN) OF THE SANTA ANA MUNICIPAL CODE,/ ,SND GENERAL PROVISIONS OF SPECIFIC DEVELa� M NT NO. 19 (SD- 19)/FRENCH PARK AND SPECIFgpE OPMENT NO. 40 (SD-40)/HENINGER PARK THE CITY COUNCIL OF THE FOLLOWS: Section 1. The City and declares as follows: OF City V ORDAIN AS Ana hereby finds, determines A. Various secfions,of Chapta�r�1 (ZbniniJ)of th�gnta Ana Municipal Code (SAMC)pt 7ve beef@@vised p nQQdi��y/o��er t e la t�several years to respond to changes�n dei apment, 0 pt ne�u rmitting procedures, and to comply vJit hange �o State nd�Federal laws. In a continuing effort to establish high ality Slopme t�s�tandards and to create a user-friendly enviro ent f r�sidents�ai��the usiness community within the City, the /Planning��iv,'sion\!'s�proposing`revisio�s to various sections of Chapter 41 (Zoning) of�h SAf�71C�apd to Specific Development 19 (SD-19)/French Park rld Specific DqviEklopmeri No. 40 (SD-40)/Heninger Park. B. Afte�'a\thorough �nalysis dYthe current code requirements in the City, staff identified several §e�tions of the code for amendments necessary to ensure clear, uhio�m, and Iggally consistent regulations. The proposed amendments will enable thea It to implement a regulatory framework that protects the health, safet,, n //welfare of the City and limits undue strain on home owners, business operators and developers. C. On December 10, 2018, the Planning Commission held a duly noticed public hearing and voted to recommend that the City Council adopt Zoning Ordinance Amendment No. 2018-04. D. The City Council, on January 15, 2019, held a duly noticed public hearing on this ordinance and has considered all testimony presented thereto. 75A-9 Section 2. The proposed ordinance has been reviewed with respect to applicability of the California Environmental Quality Act ("CEQA") and the State CEQA Guidelines (California Code of Regulations, Title 14, Section 15000 et seq.). The project is exempt from CEQA as it can be seen with certainty that there is no impact on the environment [Section 15061(b) (3)] and a Notice of Exemption will be filed upon adoption of this ordinance. Section 3. Section 41-150 (Reserved) of Chapter 41 of the SAMC is hereby amended to read as follow: Sec. 41-150.5. — Reserved Schools. Section 41-42.5. Section 4. Section 41-160 (Town amended to read as follow: Sec. 41-160. — Townhouse. of,,ChA.pter 41 the SAMC is hereby or more attached dwelling units; extends frbound tib to roof with a yard or public way on two or more sides; and \ \ \ ((c) has its own extori§r entrance. Section 5. SI tiofi. 1-199.4 (Schools) of Chapter 41 of the SAMC is hereby added to read as follow. Sec. 41-199.4. — Schools Notwithstanding any other provisions of this Chapter, schools, as defined by Sec. 41- 150.5, may be conducted in the R1. R2, R3, R4, RE, O, C1, C2, C4, C5 and CSM zoning districts, provided they are developed in accordance with the limitations hereinafter set forth, and provided a conditional use permit if first obtained in accordance with Sections 41-630 through 41-651 of this Chapter. Schools shall not be 75A-10 permitted in a specific development, specific plan, or other districts unless explicitly set forth as a permissible use. A conditional use permit shall be issued in accordance with Section 41-630 through 41- 651 only if the following requirements are met: (a) minimize traffic and noise impacts on adjacent properties. (b) (c) (d) (e) (1) of regulations) of Chapter 41 of the SAMC is Sec. 41-246. — Applicability of regulations. R-2 (Two -Family Res`e7e) districts are specifically subject to the regulations contained in this Division, except that one -family dwelling unit on a single lot is are subject to the design and development standards set forth in Division 3 of this Article, townhouses are subject to the design and development standards set forth in Division 6 of this Article, and nonresidential uses allowed under section 41-247.5 are subject to the design and development standards set forth in Division 12 of this Article. 75A-11 Section 7. Section 41-247.5 (Uses subject to a conditional use permit in the R2 district) of Chapter 41 of the SAMC is hereby amended to read as follow: Sec. 41-247.5. — Uses subject to a conditional use permit in the R2 district. (a) Any use which may be permitted in the R1 district subject to the issuance of a conditional use permit pursuant to Section 41-232.5 may likewise be permitted in the R2 district subject to a conditional 'use permit. (b) Care homes, as defined by Section previously were permitted pursuant tc permit and subsequently lost the per of this Chapter. l , top of the structure. Section 8. Section 412�4� (Side yards in the R2 district) aW Chapter 41 of the SAMC is hereby Sec. 41-249. — There shall be a Sec. 41-250. — There shall be a €ash sid f;� th� ion corner (10) feetfer �i\baildiag set forth in ArtldII7VI nonconforming solely fob the standard set by this least three (3) feet wide. the of hot, less 41 (20) .5 of this Chapter, which dly, issued conditional use pursuant to the provisions R2 district), Section 41-250 yards in the R2 district) of from the street. If there aro -d sig* be of not less than five (5) feet fGF each bUildiag the side)yard on the street side shall be not less than ten the street. The restrictions on nonconforming buildings his Chapter shall not apply to buildings which are aason that they do not have interior side yards meeting i, provided the interior side yards of such building are at Sec. 41-251. — Rear yards in the R2 district. There shall be a rear yard of not less than fifteen (15) feet fain eaGh dwelliRg unit fro- Such rear yard may be reduced to not less than ten (10) feet in width, provided that the development site it -has at least one thousand two hundred (1,200) square feet of open space area, exclusive of front and side yard areas. 75A-12 Section 9. Division 6 (Townhouse Standards) of Article III of Chapter 41 of the SAMC is hereby amended to read as follow: DIVISION 6. - TOWNHOUSE DEVELOPMENT STANDARDS Sec. 41-273. - Applicability of division. i Townhouse developments are specifically subject to the regulations contained in this division. Sec. 41-274. - Minimum development site size. The minimum development site size shall be contiguous land, with a minimum street frontage of Sec. 41-275. — Minimum lot area per The minimum lot area shall be three Sec. 41-277. - Building (a) No primary structure in height, as measu the top of-the_structi (b) Sec ,1127 No more than fifty (50) Sec. 41-279. `kf�r pt yard. Sec. 41-280. - Side (12,000) square feet of feet. (27) feet or two (2) stories t grade of the structure to fifteen (15) feet or one (1) story in shall be covered by structures. have afront yard -e€ not be less than twenty (20) feet. €ash sSide yard of a towRhouse shall be not be less than ten (10) feet. Side yards which front on a local street shall be a minimum of ten (10) feet. Side yards that front on an arterial street shall be a minimum of fifteen (15) feet. Sec. 41-281. - Rear yard. EanhtewRhews Rear yard shall have a FeaF yaFd ^f not be less than fifteen (15) feet. 75A-13 Sec. 41-282. — Off-street parking. (a) Off-street parking shall be provided comply per Table 41-282. asF^'�:s I Table 41-282 Townhouse Development Parking Standards # of Bedrooms # of Required Off -Street Parkin 2 bedrooms 2.0 garage space's per unit 1 3 or more bedrooms 2.0 garage spaces per unit and 1.0 (covered or uncovered ace per unit, plus 0.5 spaces a/r ch bedroom over 3 bedrooms' # of Guest Parking 1. 0.5 spaces per unit 1. Required garage space maybe tandem spa s 2. if the parking ratio is n t a hole number, then e�r of required parkingshall be ext higher whole nu bar Sec. 41-283. — Open space. c..r A tnyin.hn-Use a,,..,,i,..... eRt beth p !rivate and common open space shall be provided within the project. Minimum open space requirements for Wwataease deve;ep. encs are as follows: (1) Private open space: 75A-14 (a) Shall a singgle pPrivate open space shall be no less than two hundred fifty (250) square feet per unit, with a minimum dimension Of tea (40 six 6 feet in each direction. j (sb) Private open space -Sshall be accessible from the unit's kitchen, dining area, den, family room, master bedroom and/or living room. (2) Common open space: (a)���"o„�-�-a s7 , e eComi less than two hundred minimum of fifteen (15�) (b) be counted to satisfy Sec. 41-284. — Fences. (a) A fence plan for any for revievGnd appro\ (1) each di shall be equivalent to no re feet per unit, with a may shall not -oject shall be submitted or his/her designee. The dimension the location, size and (2) Th �'pan �ball provide elevations demonstrating the architectural commppli, y'ht�he proposed fences with the proposed project. II include installation specifications ensuring long term proposed fencing. (Ol Sec. 41-285. — Building separation. The building separation between primary structures shall be not less than twenty (20 fifteen 15 feet. 75A-15 Sec. 41-286. — Access. (b) A front door must face the street or a common area. I (c) No exterior stairwells shall be 'Permitted en units abutting street ^^exited yards. Sec. 41-287. — Storage space. For each tew heuse unit, there shall be a sepa t , en" o ed area reserved for the occupants of s4ch4unit. u?. located inside the garage of theun t or elsewherq TSuch least two hundred fifty (250) cubic feet in 'z! and shN�I have four (4) feet by eight (8) feet. '? Sec. 41-288. — Landscaping. All yards shall be landscaped with >;e exce=do of aDDro d by the Planning Mana r o is/her d si nee�. a6b t wnh s the following mini "Ing stan �1 (a) Fro (2) All lockable storage space storage space may be y'thin the development �rarge space shall be at Almum dimensions of development shall meet e -gallon size shrubs and ten (10) one -gallon size erbace .u; perennials/shrubs as a foundation planting. (4) Tu s`or cceptable dry climate ground cover: a. Turf shall be drought tolerant variety and planted as sod or hydroseed. b. Ground cover shall be well -rooted cuttings from flats and planted as appropriate spacing for that particular plant material. (5) Root barriers shall be required on all trees. 75A-16 (b) Side yard: Comer lots shall have one (1) 15 -gallon size tree for every thirty (30) linear feet of property abutting a street plus six (6) five -gallon size shrubs as a foundation planting. Root barriers shall be required on all trees planted along the street -oriented yards. (c) Project perimeter walls: (1) Flowering vines shall be secured to a decorative masonry wall or wood fence material. (2) The vines shall be five-gallonand be planted at 20 -foot intervals. They shall be sec�red'to`th\\om ith eye hooks and wire. (3) Espaliered shrubs, ut trees, or othe�taI treesmay be substituted for the flowerinct vines. /1 (d) Irrigation system: (1) All planting �ygt_ermmA oll'yaLa used in b All irrig dual or (e) Screehln�y /; ire s\us edesignb ith an automatic irrigation p -up sT klei yp iCr atiq system shall be provided Drip, ' �bb,�O V of eer Iqw gallonage systems may be areas nd r) rrow stn s� dry cl dry climate type plant materials is ms may require special fittings to shall be equipped with a controller capable of n programming. (1) All meters shall be appropriately screened from public view with trellis work and vines, a hedge type shrub or be incorporated into the residential structure. (2) Any enclosed structure for utilities must not encroach into the required setback. (f) Maintenance: All plant material shall be maintained per section 41-609 of this Code. 75A-17 (g) [Gemptianee—wit# a#i Landscaping shall be installed and maintained in compliance with Article XVI of this Chapter (Water Efficient Landsca a Standards , Sec. 41-289. - Reserved. Section 10. Section 41-365 (Uses permitted in the C1 district) and Section 411- 365.5 (Uses subject to a conditional use permit in the C1 district) of Chapter 41 of the SAMC is hereby amended to read as follow: Sec. 41-365. – Uses permitted in the C1 district. The following uses are permitted in the C1 (a) Retail and service uses. (b) Professional, administrative (c) Automobile (d) Automobile sales, (e) (fl san G) (k) and boat sales. (1) Golf courses, both regulation and miniature, and driving ranges. (m) Public utility structures, including electric distribution and transmission substations. (n) Restaurants, cafes, and eating establishments, other than those specified in section 41-365.5. (o) Seheels and sStudios operated for commercial or public purposes. 75A-18 (p) Childcare facilities. (q) Service stations. 1 (r) Automobile servicing. (s) Cyber cafes, subject to compliance with the requirements of section 41- 198.200. (t) Tattoo and/or body art establishments,µ , utj ct to the development and operational standards set forth in sect', n 4 199.3. Sec. 41-365.5. — Uses subject to a conditi} use perm 1 the C1 district. The following uses may be permitted i Jihe C1 district subje' the issuance of a conditional use permit: (a) Clubs. (b) Outdoor and indoor a 'o or ent Pi ment uses other than those set forth in section 41- (c) Hotel ding hos s _ca ho— ratemity houses and sorority hous� (d) Tthri-f#, shop§ pcha � a - loan, wn shops. (e Eatin li�sh'1'Ment ��hrough window service. '`, (f) Eating estab� �oen at any time between the hours of 12:00 a.m. nfr:,. 5.00 a and lo`Eated within one hundred fifty (150) feet of red tial) z�n' d or usedproperty, measured from property line to l Q Y Q_ P P Y (g) Laundromilit�-Ksubject to the development and performance standards set forth in section 41-199. (h) Retail markets having less than twenty thousand (20,000) square feet of floor area which are open at any time between the hours of 12:00 midnight and 5:00 a.m. (i) Check cashing facilities, as defined by Section 41-42.7. 75A-19 (j) Banquet facilities, subject to development and operational standards set forth in section 41-199.1. (k) Banquet facilities as an ancillary use, subject to development and operational standards set forth in section 41-199.1. (1) Adult day care facilities. (m) Superstores. (n) Tattoo and/or body art establishments 'of 12:00 a.m. and 7:00 a.m., subject i standards set forth in section 41-199, (o) Section 11. Section 41-412.5 C4 district) of Chapter 41 of the SAMC Sec. 41-412.5. — Uses subject The following uses may be perm conditional use oermitE' (a) houses. Wany time between the hours development and operational permit in the read as it in the C4 district. to the issuance of a houses and sorority stores, and home improvement drive-through window service. (d) Epi iestablis nients open at any time between the hours of 12:00 a.m. and ` : 0 a. nd located within one hundred fifty (150) feet of re ,Iden 'allyzoned or used property, measured from property line to property 1111@40C i , (e) Laundromats, subject to the development and performance standards set forth in section 41-199. (f) Retail markets having less than twenty thousand (20,000) square feet of floor area which are open at any time between the hours of 12:00 midnight and 5:00 a.m. (g) Check cashing facilities, as defined by section 41-42.7 of this Code. 75A-20 (h) Banquet facilities, subject to development and operational standards set forth in section 41-199.1. 1 I (i) Banquet facilities as an ancillary use, subject to development and operational standards set forth in section 41-199.1. Q) Adult day care facilities. (k) Superstores. ,, (1) Tattoo and/or body art establishments • e at any time between the hours .�, of 12:00 a.m. and 7:00 a.m., subteto't e evelopment and operational standards set forth in section 41- (m) ' Schools, as defined by Sec An, Wf-150.5. Section 12. Section 41-424 (Uses p tted ith C5 distnt)� nd Section 41- 424.5 (Uses subject to a conditional use perm` i e� < district) of l�pter 41 of the SAMC is hereby amended to rea kas low: Sec. 41-424. — Uses permitted in{ ` is -Oct. The following uses a ,er'� in the C • distr ct' (a) Admit tive an rofessio al dffices. Automo�le6.parki dots, but`�xclbding the sale or storage of automobiles, trucks, trail b D �ao,� tractors, whether new or used. (d) h ches, chapels, mortuaries, and theaters. (e) Gove ` ent bGil ngs. (f) Restaurants a d cafes, other than those specified in section 41-424.5. (g) Ssbeels aad 6Studios operated for commercial or public purposes. (h) Child care facilities. (i) The printing, publishing, and circulation of a newspaper, including plant and office. 75A-21 Q) Two-family dwellings not exceeding one (1) unit per three thousand (3,000) square feet of lot area, provided such units front on a secondary or local street. i (k) Cyber cafes subject to compliance with the requirements of section 41- 198.200. I I (1) Gymnasiums and health clubs. Sec. 41-424.5. — Uses subject to a conditional use The following uses may be permitted in the conditional use permit: (a) Hotels, motels, lodging hs `sr care hom sorority houses. (b) Dwelling units structure when uses. (c) Hospital — (d) Publ�I ilii ty s substat' �Eati'nn sesta 'I (f) Service t t n: (g) r wash est :C kx. � (h) La ies. (1) Indoors ap'r in the C5 district. to the issuance of a houses, and ;d ali wIT e"'' 'round floor commercial k; floor is ev ted exclusively to nonresidential and transmission or walk-up window service. they are wholly enclosed. bulk merchandise stores, and home improvement Q) Eating establishments open at any time between the hours of 12:00 a.m. and 5:00 a.m. and located within one hundred fifty (150) feet of residentially zoned or used property, measured from property line to property line. (k) Laundromats, subject to the development and performance standards set forth in section 41-199. 75A-22 (1) Retail markets having less than twenty thousand (20,000) square feet of floor area which are open at any time between the hours of 12:00 midnight and 5:00 a.m. (m) Banquet facilities, subject to development and operational standards set forth in section 41-199.1. (n) Banquet facilities as an ancillary use, subject to development and operational standards set forth in section 41-199.1. (o) Adult day care facilities. (p) Superstores. (q) Section 13. Section 41-521 Uses\dettfted i e C SM ils ict and Section 41-522 (Uses subject to a conditional usem e SM distnc o Chapter 41 of the SAMC is hereby amended aSkTOlIOW: Sec. 41-521. — Uses permitted The following uses (a) (0) (e) M offices. clubs, and martial arts studios. including electric distribution and transmission (g) Restaurants, cafes, coffeehouses, and eating establishments, other than those provided in section 41-522, excluding the establishment of drive through service facilities. (h) S6beels and sStudios operated for commercial or public purposes. (i) Child care facilities. 75A-23 0) Art galleries, museums and exhibit halls. (k) Plant nurseries. I I (1) Theaters. (m) Furniture stores. i (n) Youth amusement rides ancillary to grocery, general merchandise and department retail store uses. Sec. 41-522. — Uses subject to a conditional I The following uses may be permitted in the -S conditional use permit: (a) Clubs, lodges and fraternal or (b) Outdoor and indoQ_reatio clubs, other than the s h in (c) Hotels, moiejs, lodginr4ses, Pm the C -SM district. district su 'e t to the issuance of a 1-521. uses'ihcluding night houses and sorority (d) Thriftish resale =tires, an i u shops an collectable stores, excluding pawn 12, nd atigri hous s ojie`vn`a 5riy time between the hours of 12:00 and Ibated within one hundred fifty (150) feet of used property, measured from property line to line. (f) Lai omats (g) Ancilla F tdo 'r dining facilities located in the front yard area. (h) Banquet facilities, subject to development and operational standards set forth in section 41-199.1. (i) Banquet facilities as an ancillary use, subject to development and operational standards set forth in section 41-199.1. 0) Automobile repair and automobile servicing. 75A-24 (k) Retail markets having less than twenty thousand (20,000) square feet of floor area which are open at any time between the hours of 12:00 midnight and 5:00 a.m. (1) Churches and accessory church buildings. (m) Schools, as defined by Section 41-150.5. I Section 14. Section 41-584 (Uses permitted in the O district) and Section 41- 584.5 (Uses subject to a conditional use permit in the O i, rict) of Chapter 41 of SAMC is hereby amended to read as follow: Sec. 41-584. — Uses permitted in the O The following uses are permitted in the O (a) Open-air recreational and b trails, and buildings and uses (b) Government buildi g, facilities, quasi-publIN uses accessory theret Sec. 41-584.5. — U st 'e; to a The following uses �� be p r ii conditional use permit. , )t Coteau ity gartlsol b>)�, Produce r� enho s� (c) `I `o , pretive ct' s (d) Schof as defim d b bike or bridle and a-faGil;t esi public utility flood -control structures, and the O district. O district subject to the issuance of a organizations. and nurseries with no retail sales. Section 15. Secti5n 41-668 (Definitions) of Chapter 41 of SAMC is hereby amended to read as follow: Sec. 41-668. — Definitions. (a) Development Project. As used in this division, the term "development project" includes any of the following projects: (1) The new construction of any building or buildings, and additions to any existing building or buildings, if new floor space of two 75A-25 (2) (3) thousand five hundred (2,500) square feet or more is constructed or added; but excluding the following: Single family homes; b., Room additions to duplexes; C. j Tenant improvements not involving a change of use; d. Facade improvements; e. Equipment covers or struucctur`sto a cover equipment. Tenant improvements invo4in /a i.tensification or change in occupancy classification. (34) Any project that requl s a dis�ctionary a, val, excluding conditional (set permits Ker of eatin tablishments between the\hour Qf 12:00 a`r�. Ed 5:00 a.m. and conditional use permits for th \sS e © Icoholic b@ve�ages. (b) Discretio ary a proval. useii.in'this di0i�ibri, the term "discretionary appro I" mean con jtti nal� pe it, ir�riance, minor exception, tent tive map�app oval, ch rfg�in se�dstrict designation, or similar entitle en�for de e�opment h granting of which involves the exercise of discretion ,91 er)ban-the planroval process set forth in this division. :ion 1'6-,,�Section 8s(Gener-a PfoNsidns) of Specific Development No. 19 Chapter 41�othe d/SMC is here y,amended to read as follow: Section All new constrLct7onn, excluOn'g interior modifications, and including the restoration, rehabilitation, alteration, go6ersion and/or addition of any structure involving modification to the e bio of a structure within the area as defined as Historic French Park District (SD -19) shall proceed through the following established review process. This includes review of structures destroyed by natural occurrences, pursuant to SAMC Sec. 41-682. Final appF.yal shall be . Rted by the oi...,.,•.,.. Commission GUIDELINES AND STANDARDS. The architectural design guidelines used by City staff and the French Park Architectural Review Committee (Committee) and adopted by resolution by the City Council, is entitled "Historic French: Its Architectural Legacy and Design Guidelines" French Park Guidelines). All projects must adopt one of the historical architectural 75A-26 styles of the district which is identified in the Guidelines. All accessory structures shall comply with these architectural design guidelines. 2. NEIGHBORHOOD REVIEW. The French Park Architectural Review Committee is a volunteer group comprised of French Park neighborhood residents and/or property owners shah who are authorized to review proposals for new construction restoration, rehabilitation, alteration, conversion and/or additions to an existing structure within the boundaries of SD -19 A Neighborhood Review Application shall be submitted to the Committee for comments. Neighborhood Review Applic4tion'for is-ia cI'ance with the French Park Guidelines and is-is-�orr Mance with the Sectary of the Interior's Standards for Rehabilitation and Guidelines for f2e6bilitatin Historic Buildings. 71,,0 r,.d shall + Z .+ s the Q4 4— al Feyieyi Presess. If there is nonan active Com ittee, by request of`th French Park Neighborhood Associatioh-Chai ers%n Citv staff shall provide the sole Neighborhood Review evaluation. 3. EXCEP 11 ON--S-.-,ell pr oj c e ept hose a wiring any discretionary ac r( ire xe eTptafrom t e D ,lopm n�RJoject Plan approval process as se o??tth in Se tj ns 41-6�8 through 674 of the SAMC. 4. �Hj ORIC\R' �Ol1RCES**COM ��ISSION APPROVAL. Final approval of ,�maior, exierior�mgdifica brys�sftalLbe granted by the Historic Resource _,French Fpr Architectural Review Committee comments are te-be ��e shall be included into staffs evaluation and recd i\en�d iin�to the Historic Resource Commission. The decision of the Historic Resource Commission regarding approval of the major exterior modifications shall be final unless an appeal is filed as set forth in Section 30-8 of Chapter 30 of the SAMC. 75A-27 Section 17. Section General Provisions (General Provisions) of Specific Development No. 40 (SD -40) of Chapter 41 of the SAMC is hereby amended to read as follow: GENERAL PROVISIONS All new construction, excluding interior modifications and including the restoration rehabilitation, alteration, conversion and/or addition of any structure involving modification to the exterior of a structure within the area as defined as Heninger Park District (SD -40) must Proceed through the following established review process This includes review of structures destroyed by natural occurrences pursuant to SAMC Sec 41-682. 75A-28 A. GUIDELINES AND STANDARDS. The architectural design guidelines used by City staff and the Heninger Park Architectural Review Committee Guidelines). All projects must adopt one of the historical architectural styles of the district, which is identified in the Guidelines. All accessory structures shall comply with these architectural design guidelines. B. NEIGHBORHOOD REVIEW. The Heninger Park Architectural Review Commission regarding approval of the major exterior modifications shall be final unless an appeal is filed as set forth in Section 30-8 of Chapter 30 of the SAMC. 75A-29 Section 18. If any section, subsection, sentence, clause, phrase or portion of this ordinance 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 or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, orl portions be declared invalid or unconstitutional. ADOPTED this APPROVED AS TO FORM: Sonia R. Carvalho City Attorney /_\'/*3 NOES: ABSTAIN: Councilmembers NOT PRESENT: Councilmembers 75A-30 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 ons , and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the ( City of Santa 75A-31 This page left blank intentionally. 75A-32 COMPARISON TABLE OF SCHOOL REVIEW PROCESS Public: Permitted by right (No Conditional Use Permit r School sites are chosen in advance and in accordance district master plan. Private: A Conditional Use Permit is required school 75A-33 Charter: Not specified — Garden Grove !rA Conditional Use Permit is required for both public and private �!! � schools I Costa Mesa ! A Conditional Use Permit is required for both public and private schools Tustin '' A Conditional Use Permit is required for both public and private v schools L--- - -- ---- Fountain Valley A Conditional Use Permit is required for both public and private schools 75A-33 COMPARISON TABLE OF OFF-STREET PARKING RATIOS - -, Costa Mesa Studio = 1.5 /unit --�o- /un__—___._� F0. i5 it � 1 bedroom = 2 / unit it ,i 2 bedrooms = 2.5 / unit 3 or more bedrooms = 3.5 / unit i Irvine Studio = 1 / unit 0.7 / unit 1 bedroom = 1.5 / unit 2 or more bedrooms = 2 / unit Anaheim Studio = 1.25 / unit 0.25 /unit 1 bedroom = 2 / unit ;1 2 bedrooms = 2.25 / unit 3 or more bedrooms = 3 / unit + 0.5 space per each II bedroom over 3 bedrooms Orange Studio = 1.2 / unit - - - - _- - - 0.2 / unit --- _. 1 to 2 bedrooms = 1.7 / unit 3 bedrooms = 2.4 / unit Los Angeles Studio - 2 bedrooms = 1 / unit 5 / each 30 3 bedrooms = 1.5 / unit units 3 or more bedrooms = 2 / unit Long Beach Studio = 1 / unit 0.25 / unit 1 bedroom = 1.5 / unit 2 or more bedrooms = 2 / unit Pasadena 1 space per unit if less than 650 SF !i 2 spaces per unit if more than 650 SF 75A-34 1-1 / each 10 units LS 1.15.19 ORDINANCE NO. NS-XXXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SECTIONS 41-150.5, 41- 199.4, 41-365, 41-365.5, 41-412.5, 41-424, 41-424.5, 41- 521, 41-522, 41-584, and 41-584.5 (SCHOOLS), 41-160 AND DIVISION 6 OF ARTICLE III (TOWNHOUSE DEVELOPMENT STANDARDS), 41-246, 41-247.5, 41-249, 41-250 AND 41-251 (TWO-FAMILY RESIDENCE/R2), AND 41-668 (DEVELOPMENT PROJECT PLAN) OF THE SANTA ANA MUNICIPAL CODE, AND GENERAL PROVISIONS OF SPECIFIC DEVELOPMENT NO. 19 (SD- 19)/FRENCH PARK AND SPECIFIC DEVELOPMENT NO. 40 (SD-40)/HENINGER PARK 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. Various sections of Chapter 41 (Zoning) of the Santa Ana Municipal Code (SAMC) have been revised periodically over the last several years to respond to changes in development, to adopt new permitting procedures, and to comply with changes to State and Federal laws. In a continuing effort to establish high-quality development standards and to create a user-friendly environment for residents and the business community within the City, the Planning Division is proposing revisions to various sections of Chapter 41 (Zoning) of the SAMC and to Specific Development 19 (SD-19)/French Park and Specific Development No. 40 (SD-40)/Heninger Park. B. After a thorough analysis of the current code requirements in the City, staff identified several sections of the code for amendments necessary to ensure clear, uniform, and legally consistent regulations. The proposed amendments will enable the City to implement a regulatory framework that protects the health, safety and welfare of the City and limits undue strain on home owners, business operators and developers. C. On December 10, 2018, the Planning Commission held a duly noticed public hearing and voted to recommend that the City Council adopt Zoning Ordinance Amendment No. 2018-04. D. The City Council, on January 15, 2019, held a duly noticed public hearing on this ordinance and has considered all testimony presented thereto. EXHIBIT B 75A-35 'Section 2. The proposed ordinance has been reviewed with respect to applicability of the California Environmental Quality Act ("CEQA") and the State CEQA Guidelines (California Code of Regulations, Title 14, Section 15000 et seq.). The project is exempt from CEQA as it can be seen with certainty that there is no impact on the environment [Section 15061(b) (3)] and a Notice of Exemption will be filed upon adoption of this ordinance. Section 3. Section 41-150 (Reserved) of Chapter 41 of the SAMC is hereby amended to read as follows: Sec. 41-150.5. —Reserved Schools. Section 4. Section 41-160 (Townhouse) of Chapter 41 the SAMC is hereby amended to read as follows: Sec. 41-160. — Townhouse. A townhouse is a single-family dwelling unit that: (a) is constructed in a group of three (3) or more attached dwelling units: (b) extends from foundation to roof with a yard or public way on two or more sides: and (g) has its own exterior entrance. Section 5. Section 41-199.4 (Schools) of Chapter 41 of the SAMC is hereby added to read as follows: Sec. 41-199.4. — Schools Notwithstanding any other provisions of this Chapter, schools, as defined by Sec. 41- 150.5, may be conducted in the R1, R2, R3, R4, RE, O, C1, C2, C4, C5 and CSM zoning districts, provided they are developed In accordance with the limitations hereinafter set forth, and provided a conditional use permit is first obtained in accordance with sections 41-630 through 41-651 of this Chapter. Schools shall not be 75A-36 permitted in a specific development specific plan or other districts unless explicitly set forth as a permissible use. A conditional use permit shall be issued in accordance with section 41-630 through 41- 651 only if the following requirements are met: (a) The orientation of buildings and the positioning of other elements on site. such as entries, fences, parking lots, and driveways are designed to minimize traffic and noise impacts on adjacent properties. (b) Outdoor activity areas are not located within the required front or side yard area and are designed to minimize noise impacts on adjacent uses. (c) Safe pedestrian paths are provided from all parking areas to the primary entrance(s) of all buildings used primarily by students and faculty/staff. (d) Student pick up/drop off areas do not interfere with on-site and off-site vehicular and pedestrian circulation. (e) The applicant has provided the following studies to the Planning Division and any other documents as requested by the Planning Manager that have been deemed appropriate: (1) Traffic Impact Analysis and Traffic Management Plan, (2) School Management and Operation Plan, and (3) Noise Study. Section 6. Section 41-246 (Applicability of regulations) of Chapter 41 of the SAMC is hereby amended to read as follows: Sec. 41-246. — Applicability of regulations. R-2 (Two -Family Residence) districts are specifically subject to the regulations contained in this Division, except that one -family dwelling unit on a single lot is are subject to the design and development standards set forth in Division 3 of this Article, townhouse developments are subject to the design and development standards set forth in Division 6 of this Article, and non-residential uses allowed under section 41- 247.5 are subject to the design and development standards set forth in Division 12 of this Article. 75A-37 Section 7. Section 41-247.5 (Uses subject to a conditional use permit in the R2 district) of Chapter 41 of the SAMC is hereby amended to read as follows: Sec. 41-247.5. — Uses subject to a conditional use permit in the R2 district. (a) Any use which may be permitted in the R1 district subject to the issuance of a conditional use permit pursuant to section 41-232.5 may likewise be permitted in the R2 district subject to a conditional use permit. (b) Care homes, as defined by section 41-41.5 of this Chapter, which previously were permitted pursuant to a validly issued conditional use permit and subsequently lost the permitted use pursuant to the provisions of this Chapter. (c) Townhouse of thirty-five (35) feet or three (3) stories in height, whichever is less, as measured from the lowest adiacent grade of the structure to the too of the structure. Section 8. Section 41-249 (Front yards in the R2 district), Section 41-250 (Side yards in the R2 district) and Section 41-251 (Rear yards in the R2 district) of Chapter 41 of the SAMC are hereby amended to read as follows: Sec. 41-249. — Front yards in the R2 district. There shall be a front yard of not less than twenty (20) feet from the street. 1f *., ire are Sec. 41-250. — Side yards in the R2 district. There shall be a €asks side yard shall be of not less than five (5) feet feF each building fmm the street. On corner lots, the side yard on the street side shall be not less than ten (10) feet fey each building from the street. The restrictions on nonconforming buildings set forth in Article VI of this Chapter shall not apply to buildings which are nonconforming solely for the reason that they do not have interior side yards meeting the standard set by this section, provided the interior side yards of such building are at least three (3) feet wide. Sec. 41-251. — Rear yards in the R2 district. There shall be a rear yard of not less than fifteen (15) feet . Such rear yard may be reduced to not less than ten (10) feet in width, provided that the development site it -has at least one thousand two hundred (1,200) square feet of open space area, exclusive of front and side yard areas. 4 75A-38 Section 9. Division 6 (Townhouse Standards) of Article III of Chapter 41 of the SAMC is hereby amended to read as follows: DIVISION 6. — TOWNHOUSE DEVELOPMENT STANDARDS Sec. 41-273. — Applicability of division. Townhouse developments are specifically subject to the regulations contained in this division. Sec. 41-274. — Minimum development site size. The minimum development site size shall be twelve thousand (12,000) square feet of contiguous land, with a minimum street frontage of one hundred (100) feet. Sec. 41-275. — Minimum lot area per unit. The minimum lot area shall be three thousand (3,000) square feet per unit. Sec. 41-277. — Building height. (a) No primary structure shall exceed twenty-seven (27) feet or two (2) stories in height, as measured from the lowest adjacent grade of the structure to the top of the structure, unless a conditional use permit is approved by the Planning Commission to allow thirty-five (35) feet or three (3) stories in height. (b) Accessory structures shall not exceed fifteen (15) feet or one (1) story in height. Sec. 41-278. — Lot coverage. No more than fifty (50) per cent of the lot shall be covered by structures. Sec. 41-279. — Front yard. EaGh townhouse Front yard shall have a UaRi-yard Gf not be less than twenty (20) feet. Sec. 41-280. — Side yard. t=aoh sSide yard of townhouse shall be not be less than ten (10) feet. Side yards which front on a local street shall be a minimum of ten (10) feet. Side yards that front on an arterial street shall be a minimum of fifteen (15) feet. Sec. 41-281. — Rear yard. €ash townhouse Rear yard shall have a-reaF yard Gf not be less than fifteen (15) feet. 75A-39 Sec. 41-282. — Off-street parking. (a) Off-street parking shall be previded comply per Table 41-282. as#eAews Table 41-282 Townhouse Development Parking Standards # of Bedrooms # of Required Off -Street Parkin 2 bedrooms 2.0 garage spaces per unit 3 or more bedrooms 2.0 garage spaces per unit and 1.0 (covered or uncovered) space per unit. plus 0.5 spaces per each bedroom over 3 bedrooms. # of Guest Parking 1. 0.5 spaces per unit 1. Required garage spaces may be tandem spaces 2. If the aarkOq ratio is not a whole number, the number of required parking shall be the next hi her whole number. (b) Site Access and Circulation. (1) Primary streets. (2) Garages shall be accessed from internal private driveways or alleys. (3) Sec. 41-283. — Open space. eveleprnent. beth pPrivate and common open space shall be provided within the project. Minimum open space requirements W tewn;ws developments are as follows: (1) Private open space: 75A-40 M (a) Shall be a single private open space shall be no less than two hundred fifty (250) square feet per unit, with a minimum dimension of ten (10) gj&M feet in each direction. (sb) Private open space Sshall be accessible from the unit's kitchen, dining area, den, family room, master bedroom and/or living room. (2) Common open space: (a) CL.a"� a single sCommon open space shall be equivalent to no less than two hundred fifty (250) square feet per unit, with a minimum of fifteen (15) feet in each direction. (b) is On addition to yaFd aFeas. Front, ^1- ani yards may shall not be counted to satisfy this requirement. Sec. 41-284. - Fences. (a) A fence plan for any townhouse development project shall be submitted for review and approval to the Planning Manager or his/her designee. The fence plan shall include, but is not limited to, the following: (1) The plan shall delineate and dimension the location, size and materials of all fences. (2) The plan shall provide elevations demonstrating the architectural compatibility of the proposed fences with the proposed project. (3) The plan shall include installation specifications ensuring long term quality of the proposed fencing. Sec. 41-285. - Building separation. The building separation between primary structures shall be not less than twenty (20 fifteen 15 feet. 75A-41 Sec. 41-286. — Access. (ab) A front door must face the street or a common area. (bs) No exterior stairwells shall be permitted on Units abutting street 9�iented yards. Sec. 41-287. — Storage space. For each townhouse unit, there shall be a separate, enclosed, lockable storage space area reserved for the occupants of such townhouse unit. Such storage space may be located inside the garage of the townhouse unit or elsewhere within the development - Such storage space shall be at least two hundred fifty (250) cubic feet in size and shall have minimum dimensions of four (4) feet by eight (8) feet. Sec. 41-288. — Landscaping. All yards shall be landscaped with the exception of approved driveways and walkways by the Planning Manager or his/her designee. Each townhouse develooment shall meet the following minimum landscaping standards: (a) Front yard., (1) One (1) 24 -inch box canopy tree. (2) All trees shall be double -staked. (3) Six (6) five -gallon size shrubs and ten (10) one -gallon size herbaceous perennials/shrubs as a foundation planting. (4) Turf or acceptable dry climate ground cover. a. Turf shall be drought tolerant variety and planted as sod or hydroseed. b. Ground cover shall be well -rooted cuttings from flats and planted as appropriate spacing for that particular plant material. (5) Root barriers shall be required on all trees. 75A-42 (b) Side yard. Comer lots shall have one (1) 15 -gallon size tree for every thirty (30) linear feet of property abutting a street plus six (6) five -gallon size shrubs as a foundation planting. Root barriers shall be required on all trees planted along the street -oriented yards. (c) Project perimeter walls: (1) Flowering vines shall be secured to a decorative masonry wall or wood fence material. (2) The vines shall be five -gallon size and be planted at 20 -foot intervals. They shall be secured to the walls with eye hooks and wire. (3) Espaliered shrubs, fruit trees, or other ornamental trees may be substituted for the flowering vines. (d) Irrigation system: (1) All planting areas must be designed with an automatic irrigation system. A pop-up sprinkler type irrigation system shall be provided for all yards. Drip, bubbler, or other low gallonage systems may be used in buffer areas and narrow strips. (2) The use of "xedphytic" or dry climate type plant materials is encouraged. Irrigation systems may require special fittings to properly water dry climate plantings. (3) All irrigation systems shall be equipped with a controller capable of dual or multiple station programming. (e) Screening: (1) All meters shall be appropriately screened from public view with trellis work and vines, a hedge type shrub or be incorporated into the residential structure. (2) Any enclosed structure for utilities must not encroach into the required setback. (f) Maintenance: All plant material shall be maintained per section 41-609 of this Code. 9 75A-43 (g) Landscaping shall be installed and maintained in compliance with Article XVI of this Chapter (Water Efficient Landscape Standards), Sec. 41-289. - Reserved. Section 10. Section 41-365 (Uses permitted in the C1 district) and Section 41- 365.5 (Uses subject to a conditional use permit in the C1 district) of Chapter 41 of the SAMC is hereby amended to read as follows: Sec. 41-365. — Uses permitted in the C1 district. The following uses are permitted in the C1 district: (a) Retail and service uses. (b) Professional, administrative and business offices. (c) Automobile parking lots and parking structures. (d) Automobile sales, but excluding truck, trailer, tractor and boat sales. (e) Churches and accessory church buildings. (f) Mortuaries. (g) Theaters. (h) Hospitals, clinics, and sanitariums. (i) Animal hospitals and veterinaries. (j) Plant nurseries. (k) Gymnasiums. (1) Golf courses, both regulation and miniature, and driving ranges. (m) Public utility structures, including electric distribution and transmission substations. (n) • Restaurants, cafes, and eating establishments, other than those specified in section 41-365.5. (o) Seheets and sStudios operated for commercial or public purposes. FG] 75A-44 (p) Childcare facilities. (q) Service stations. (r) Automobile servicing. (s) Cyber cafes, subject to compliance with the requirements of section 41- 198.200. (t) Tattoo and/or body art establishments, subject to the development and operational standards set forth in section 41-199.3. Sec. 41-365.5. — Uses subject to a conditional use permit in the C1 district. The following uses may be permitted in the C1 district subject to the issuance of a conditional use permit: (a) Clubs. (b) Outdoor and indoor recreational or entertainment uses other than those set forth in section 41-365. (c) Hotels, motels, lodging houses, care homes, fraternity houses and sorority houses. (d) Thrift shops, purchase and loan, pawn shops. (e) Eating establishments with drive-through window service. (f) Eating establishments open at any time between the hours of 12:00 a.m. and 5:00 a.m. and located within one hundred fifty (150) feet of residentially zoned or used property, measured from property line to property line. (g) Laundromats, subject to the development and performance standards set forth in section 41-199. (h) Retail markets having less than twenty thousand (20,000) square feet of floor area which are open at any time between the hours of 12:00 midnight and 5:00 a.m. (i) Check cashing facilities, as defined by Section 41-42.7. (j) Banquet facilities, subject to development and operational standards set forth in section 41-199.1. 11 75A-45 (k) Banquet facilities as an ancillary use, subject to development and operational standards set forth in section 41-199.1. (1) Adult day care facilities. (m) Superstores. (n) Tattoo and/or body art establishments open at any time between the hours of 12:00 a.m. and 7:00 a.m., subject to the development and operational standards set forth in section 41-199.3. (o) Schools, as defined in section. 41-150.5. Section 11. Section 41-412.5 (Uses subject to a conditional use permit in the C4 district) of Chapter 41 of the SAMC is hereby amended to read as follows: Sec. 41-412.5. — Uses subject to a conditional use permit in the C4 district. The following uses may be permitted in the C4 district subject to the issuance of a conditional use permit: (a) Hotels, motels, lodging houses, care homes, fraternity houses and sorority houses. (b) Indoor swap meets, bulk merchandise stores, and home improvement warehouse stores. (c) Eating establishments with drive-through window service. (d) Eating establishments open at any time between the hours of 12:00 a.m. and 5:00 a.m. and located within one hundred fifty (150) feet of residentially zoned or used property, measured from property line to property line. (e) Laundromats, subject to the development and performance standards set forth in section 41-199. (f) Retail markets having less than twenty thousand (20,000) square feet of floor area which are open at any time between the hours of 12:00 midnight and 5:00 a.m. (g) Check cashing facilities, as defined by section 41-42.7 of this Code. iz 75A-46 (h) Banquet facilities, subject to development and operational standards set forth in section 41-199.1. (i) Banquet facilities as an ancillary use, subject to development and operational standards set forth in section 41-199.1. (j) Adult day care facilities. (k) Superstores. (1) Tattoo and/or body art establishments open at any time between the hours of 12:00 a.m. and 7:00 a.m., subject to the development and operational standards set forth in section 41-199.3. (m) Schools, as defined in section 41-150.5. Section 12. Section 41-424 (Uses permitted in the C5 district) and Section 41- 424.5 (Uses subject to a conditional use permit in the C5 district) of Chapter 41 of the SAMC are hereby amended to read as follows: Sec. 41-424. — Uses permitted in the C5 district. The following uses are permitted in the C5 district: (a) Administrative and professional offices. (b) Retail and service uses. (c) Automobile parking lots, but excluding the sale or storage of automobiles, trucks, trailers, boats, or tractors, whether new or used. (d) Churches, chapels, mortuaries, and theaters. (e) Government buildings. (f) Restaurants and cafes, other than those specified in section 41-424.5. (g) SGheels and sStudios operated for commercial or public purposes. (h) Child care facilities. (1) The printing, publishing, and circulation of a newspaper, including plant and office. 13 75A-47 Q) Two-family dwellings not exceeding one (1) unit per three thousand (3,000) square feet of lot area, provided such units front on a secondary or local street. (k) Cyber cafes subject to compliance with the requirements of section 41- 198.200. (1) Gymnasiums and health clubs. Sec. 41.424.5. — Uses subject to a conditional use permit in the C5 district The following uses may be permitted In the C5 district subject to the issuance of a conditional use permit: (a) Hotels, motels, lodging houses, care homes, fraternity houses, and sorority houses. (b) Dwelling units when erected above the ground floor of a commercial structure when the ground floor is devoted exclusively to nonresidential uses. (c) Hospitals. (d) Public utility structures, including electric distribution and transmission substations. (e) Eating establishments with drive-through or walk-up window service. (f) Service stations and automobile servicing. (g) Car wash establishments, provided they are wholly enclosed. (h) Laundries. (i) Indoor swap meets, bulk merchandise stores, and home improvement warehouse stores. Q) Eating establishments open at any time between the hours of 12:00 a.m. and 5:00 a.m. and located within one hundred fifty (150) feet of residentially zoned or used property, measured from property line to property line. (k) Laundromats, subject to the development and performance standards set forth in section 41-199. 14 75A-48 (1) Retail markets having less than twenty thousand (20,000) square feet of floor area which are open at any time between the hours of 12:00 midnight and 5:00 a.m. (m) Banquet facilities, subject to development and operational standards set forth in section 41-199.1. (n) Banquet facilities as an ancillary use, subject to development and operational standards set forth in section 41-199.1. (o) Adult day care facilities. (p) Superstores. (q) Schools, as defined in section 41-150.5. Section 13. Section 41-521 (Uses permitted in the C -SM district) and Section 41-522 (Uses subject to a conditional use permit in the C -SM district) of Chapter 41 of the SAMC are hereby amended as follows: Sec. 41-521. — Uses permitted in the C -SM district. The following uses are permitted in the C -SM district: (a) Retail and service uses. (b) Professional, administrative, and business offices. (c) Public parking lots and parking structures. (d) Animal hospitals and veterinarians. (e) Gymnasiums, health clubs, and martial arts studios. (f) Public utility structures, including electric distribution and transmission substations. (g) Restaurants, cafes, coffeehouses, and eating establishments, other than those provided in section 41-522, excluding the establishment of drive through service facilities. (h) SGheelsapd eStudios operated for commercial or public purposes. (i) Child care facilities. 75A-49 is (j) Art galleries, museums and exhibit halls. (k) Plant nurseries. (1) Theaters. (m) Furniture stores. (n) Youth amusement rides ancillary to grocery, general merchandise and department retail store uses. Sec. 41-522. — Uses subject to a conditional use permit in the C -SM district. The following uses may be permitted in the C -SM district subject to the issuance of a conditional use permit: (a) Clubs, lodges and fraternal organizations. (b) Outdoor and indoor recreational or entertainment uses including night clubs, other than those set forth in section 41-521. (c) Hotels, motels, lodging houses, care homes, fraternity houses and sorority houses. (d) Thrift and resale stores, antique shops and collectable stores, excluding . pawnshops and auction, houses. (e) Eating establishments open at any time between the hours of 12:00 midnight and 5:00 a.m, and located within one hundred fifty (150) feet of residentially zoned or used property, measured from property line to property line. (f) Laundromats. (g) Ancillary outdoor dining facilities located in the front yard area. (h) Banquet facilities, subject to development and operational standards set forth in section 41-199.1. (i) Banquet facilities as an ancillary use, subject to development and operational standards set forth in section 41-199.1. (j) Automobile repair and automobile servicing. 16 75A-50 (k) Retail markets having less than twenty thousand (20,000) square feet of floor area which are open at any time between the hours of 12:00 midnight and 5:00 a.m. (1) Churches and accessory church buildings. (m) Schools, as defined in section 41-150.5. Section 14. Section 41-584 (Uses permitted in the O district) and Section 41- 584.5 (Uses subject to a conditional use permit in the 0 district) of Chapter 41 of SAMC are hereby amended to read as follows: Sec. 41-584. — Uses permitted in the O district. The following uses are permitted in the O district: (a) Open-air recreational and entertainment uses, including bike or bridle trails, and buildings and uses accessory thereto. (b) Government buildings, SGhool buildings and fadlities. public utility facilities, quasi -public and service facilities, flood -control structures, and uses accessory thereto. Sec. 41-584.5. — Uses subject to a conditional use permit in the O district. The following uses may be permitted in the O district subject to the issuance of a conditional use permit: (a) Community gardens operated by a non-profit organizations. (b) Production greenhouses and nurseries with no retail sales. (c) Interpretive centers. (d) Schools, as defined in section 41-150.5. Section 15. Section 41-668 (Definitions) of Chapter 41 of SAMC is hereby amended to read as follows: Sec. 41-668. — Definitions. (a) Development Project. As used in this division, the term "development project' includes any of the following projects: (1) The new construction of any building or buildings, and additions to any existing building or buildings, if new floor space of two v 75A-51 thousand five hundred (2,500) square feet or more is constructed or added; but excluding the following: Single family homes; b. Room additions to duplexes; C. Tenant improvements not involving a change of use; d. Facade improvements; e. Equipment covers or structures to cover equipment. (2) Tenant improvements involving an intensification or change in occupancy classification. (3) New service stations (34) Any project that requires a discretionary approval, excluding conditional use permits for operation of eating establishments between the hours of 12:00 a.m. and 5:00 a.m. and conditional use permits for the sale of alcoholic beverages. (b) Discretionary approval. As used in this division, the term "discretionary approval" means a conditional use permit, variance, minor exception, tentative map approval, change in use district designation, or similar entitlement for development, the granting of which involves the exercise of discretion, other than the plan approval process set forth in this division. Section 16. Section 8 (General Provisions) of Specific Development No. 19 (SD -19) of Chapter 41 of the SAMC is hereby amended to read as follows: Section 8 General Provisions All new construction, excluding interior modifications, and including the restoration, rehabilitation, alteration, conversion and/or addition of any structure involving modification to the exterior of a structure within the area as defined as Historic French Park District (SD -19) must shall proceed through the followinq established review process. This includes review of structures destroyed by natural occurrences, pursuant GUIDELINES AND STANDARDS. The architectural design guidelines used by City staff and the French Park Architectural Review Committee (Committee) and adopted by resolution by the City Council, is entitled "Historic French: Its Architectural Legacy and Design Guidelines' (French Park Guidelines). All projects must adopt one of the historical architectural 18 75A-52 styles of the district which is identified in the Guidelines. All accessory structures shall comply with these architectural design guidelines. 2. NEIGHBORHOOD REVIEW. The French Park Architectural Review Committee is a volunteer group comprised of French Park neighborhood residents and/or property owners shall who are authorized to review proposals for new construction, restoration, rehabilitation, alteration, conversion and/or additions to an existing structure within the boundaries of SD -19. A Neighborhood Review Application shall be submitted to the Planning Division for all minor and major modifications for evaluation by staff and shall be forward to the French Park Architectural Review Committee for comments. make fiRdi gs that the pFoposed no addqtqon to an existing stFuGture. Staff and the Committee will review the Neighborhood Review Application for is4n compliance with the French Park Guidelines and Is -in -compliance with the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings. The findings shag of the Gity's fbitmal reyle presess. If there is not an active Committee, by request of the French Park Neighborhood Association Chairperson. City staff shall provide the sole Neighborhood Review evaluation. 3. EXCEPTIONS. All projects, except those requiring any discretionary action, are exempt from the Development Project Plan approval process as set forth in Sections 41-668 through 674 of the SAMC. 4. HISTORIC RESOURCES COMMISSION APPROVAL. Final approval of major exterior modifications shall be reviewed and determined by the Historic Resources Commission. Final approval of minor exterior modifications as outlined per Resolution No. 2006-001 and adopted by the Historic Resources Commission on January 5. 2006 shall be granted administratively by staff. The French Park Architectural Review Committee comments aFe to be FAade a paFt of the Git• s shall be included into staffs evaluation and recommendation to the Historic Resources Commission. The decision of the Historic Resources Planning Commission regarding approval of the major exterior modifications shall be final unless an appeal is filed as set forth in Section 30-8 of Chapter 30 of the SAMC. 19 75A-53 Section 17. Section General Provisions (General Provisions) of Specific Development No. 40 (SD -40) of Chapter 41 of the SAMC is hereby amended to read as follows: GENERAL PROVISIONS All new construction, excluding interior modifications, and including the restoration, includes review of structures destroyed by natural occurrences, pursuant to SAMC section 41-682. 20 75A-54 ._ .. IN Vir All new construction, excluding interior modifications, and including the restoration, includes review of structures destroyed by natural occurrences, pursuant to SAMC section 41-682. 20 75A-54 A. GUIDELINES AND STANDARDS. The architectural design guidelines used by City staff and the Heninger Park Architectural Review Committee (Committee) and adopted by resolution by the City Council, is entitled "Heninger Park Architectural Design Guidelines" (Heninger Park Guidelines). All projects must adopt one of the historical architectural styles of the district which is identified in the Guidelines. All accessory structures shall comply with these architectural design guidelines. B. NEIGHBORHOOD REVIEW. The Heninger Park Architectural Review Committee is a volunteer group comprised of Heninger Park neighborhood residents and/or property owners who are authorized to review proposals for new construction, restoration, rehabilitation, alteration, conversion and/or additions to an existing structure within the boundaries of SD -40. A Neighborhood Review Application shall be submitted to the Planning Division for all minor and major modifications for evaluation by staff and shall be forward to the Heninger Park Architectural Review Committee for comments. Staff and the Committee will review the Neighborhood Review Application for compliance with the Heninger Park Guidelines and compliance with the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings. If there is not an active Committee, by request of the Heninger Park Neighborhood Association Chairperson, City staff shall provide the sole Neighborhood Review evaluation. C. EXCEPTIONS. All projects, except those requiring any discretionary action, are exempt from the Development Proiect Plan approval process as set forth in sections 41-668 through 674 of the SAMC. D. HISTORIC RESOURCES COMMISSION APPROVAL. Final approval of maior exterior modifications shall be reviewed and determined by the Historic Resources Commission. Final approval of minor exterior modifications as outlined per Resolution No. 2006-001 and adopted by the Historic Resources Commission on January 5. 2006 shall be granted administratively by staff. The Heninger Park Architectural Review Committee comments shall be included into staffs evaluation and recommendation to the Historic Resources Commission. The decision of the Historic Resources Commission regarding approval of the major exterior modifications shall be final unless an appeal is filed as set forth in section 30-8 of Chapter 30 of the SAMC. 01 75A-55 Section 18. If any section, subsection, sentence, clause, phrase or portion of this ordinance 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 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 2019. APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By: s� -L- Lisa Storck Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers Miguel A. Pulido Mayor 75A-56 22 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-XXXX to be the original ordinance adopted by the City Council of the City of Santa Ana on 2019, 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 75A-57 23 75A-58