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5/14/82
ORDINANCE NO. NS- 1634
AN ORDINANCE OF THE CITY OF SANTA ANA
ADDING SECTION 41-620 TO THE SANTA ANA
MUNICIPAL CODE, RELATING TO RELOCATION
PERMITS FOR RESIDENTIAL STRUCTURES
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES
ORDAIN AS FOLLOWS:
SECTION 1: Statement of Purpose and Intent.
The City Council of the City of Santa Ana finds
and declares:
1. As the price of housing continues to rise in
the Southern California area, more and more property owners
are moving or relocating older, existing houses, mobilehomes,
and other types of lower cost housing structures onto vacant
or underutilized lots or parcels in existing, established
residential neighborhoods.
2. The moving or relocation of such older,
existing houses, mobilehomes, and other types of lower cost
housing structures, if left unregulated or uncontrolled,
could adversely affect the visual and aesthetic character of
existing, established neighborhoods as well as adversely
affect the values of real properties lying adjacent to, or
in the immediate vicinity of, the affected lot or parcel.
3. The intent of this ordinance is to establish
a permit procedure to regulate the placement of older,
existing houses, mobilehomes, and other types of lower cost
housing on vacant or underutilized lots oM parcels in existing,
established neighborhoods.
4. This ordinance is enacted pursuant to Section
200 of the Charter of the City of Santa Aha, as well as the
express authority of Section 65852.3 of the Government Code
of the State and Section 19993 of the Health and Safety Code
of the State.
SECTION 2: Section 41-620 is added to the Santa Ana
Municipal Code to read as follows:
Sec. 41-620. Permits for relocated residential structures.
(a) As used in this section, the following terms shall
mean:
(1) "Department" shall mean the Department of
Planning and Development Services.
(2) "Factory built house" shall mean that term as
defined in Section 19971 of the Health and Safety Code of
the state.
(3) "Manufactured home" shall mean that term as
defined in Section 18007 of the Health and Safety Code of
the State.
(4) "Mobilehome" shall mean that term as defined
in Sections 18008 and 18817 of the Health and Safety Code of
the State; and such term shall include a "new mobilehome,"
ORDINANCE NO. NS- 1634
PAGE TWO
as defined in Health and Safety Code Section 18009, as well
as a "used mobilehome," as defined in Health and Safety Code
section 18014.
(5) "Person" shall mean any individual, individuals,
partnership, unincorporated association, corporation, or
other type of firm or entity.
(6) "Relocated residential building" shall mean
any existing building or structure used for residential
purposes, wherever located, which is proposed to be moved or
relocated to a lot or parcel in the city, which lot or
parcel is situated within the R1, R2, R3, R3H, RE or P
Districts.
(7) "Residential structure" shall mean and
include any factory-built house, manufactured home, mobile-
home, or relocated residential building as defined hereinabove.
(b) No person shall move or relocate any residential
structure onto any lot or parcel situated within the Ri, R2,
R3, R3H, RE or P Districts, unless such person has first
obtained a permit from the zoning administrator in accordance
with the provisions of this section.
(c) Applications for a permit shall be in writing and
filed with the department upon forms provided by the depart-
ment and shall include the following information:
(1) Name of street and official house number, the
name of the tract or block number and zone-use legend, the
lot or parcel number and its dimensions, including where the
residential structure is proposed to be placed on the lot or
parcel.
(2) A description of the structural characteristics
of the building.
(3) A plot plan, indicating the dimensions of all
existing and proposed building locations, yards, and setbacks.
(4) The estimated value of the residential structure.
(5) A floor plan, indicating the minimum floor
space area of each room within the residential structure,
excluding porches, breezeways and garages.
(6) A list of the names and addresses of all
property owners within three hundred (300) feet of the
exterior boundaries of the lot or parcel involved, as shown
on the latest available tax roll.
(7) Such other and further information as the
zoning administrator determines is needed to assist him in
deciding whether to issue the permit.
(8) Each application shall be signed by the
record owner or owners of the affected lot or parcel, or the
duly authorized agent in writing for such owner or owners.
(d) Each application for a permit shall be accompanied
by a filing fee in an amount to be established by resolution
of the city council.
(e) Upon the filing of an application for a permit,
the zoning administrator shall set the application for a
ORDINANCE NO. NS-1634
PAGE THREE
hearing before him which is to be held not less than twenty-
one (21) days after the date of filing.
(f) The zoning administrator shall give or cause to be
given notice of the date, time and place of such hearing by
mailing a notice to the person filing the application at
least five (5) days prior to the date of such hearing. In
addition, the zoning administrator may give such notice to
any other interested person or persons as he deems appropriate.
(g) Upon the date set for a hearing, the zoning
administrator may on that date continue the matter, so long
as such continuance is for a reasonable period of time. Any
continuance for a period in excess of thirty (30) days from
the original date of the hearing shall require the concurrence
of the applicant. If a date for a continued hearing is
thereupon announced by the zoning administrator in open
hearing, no further notice thereof need be given by the
zoning administrator to the applicant.
(h) If he finds that each of the following requirements
have been met, the zoning administrator shall approve the
application and grant the permit:
(1) The residential structure proposed to be
moved or relocated is comparable in value, size (square
footage of liveable floor space, excluding porches, breezeways
and garages), structural quality, type of construction,
design, appearance, and overall physical upkeep and condition,
to residences located in the area adjacent to, or in the
immediate vicinity of, the lot or parcel on which the resi-
dential structure is proposed to be moved or relocated.
(2) That moving or relocation of the residential
structure will not be detrimental, decrease or diminish the
value of real properties located adjacent to, or in the
immediate vicinity of, the lot or parcel on which the
residential structure is proposed to be moved or relocated.
(3) That the move or relocation of the residential
structure will comply with the regulations and conditions
specified in the zoning district in which the affected lot
or parcel is situated.
(4) That approval of the permit will not adversely
affect the general plan of the city, or any specific plan of
the city applicable to the lot or parcel on which the resi-
dential structure is proposed to be moved or relocated.
(i) If the zoning administrator does not find that all
of the requirements set forth in Subsection (h) have been
met, he shall deny the application for the permit.
(j) In granting a permit, the zoning administrator may
impose such conditions, including requiring modifications to
the design and appearance of the residential structure, as
are necessary to assure compatibility with existing housing
in the area adjacent to, or in the immediate vicinity of,
the affected lot or parcel; or as may be desirable to
protect the public health and welfare of the citizens of the
city.
(k) In granting or approving an application for a
permit, the zoning administrator shall make a written finding
which shall specify all facts relied upon in rendering his
decision and in attaching conditions and safeguards. A copy
ORDINANCE NO. NS-1634
PAGE FOUR
of the decision, together with the written finding of fact,
shall be filed with the planning commission, with the department,
and mailed to the applicant.
(1) Within fifteen (15) days from the date of the
zoning administrator's decision, the applicant, if the
zoning administrator's decision is adverse to the applicant,
or any other interested person, may appeal such decision to
the planning commission. Such appeal shall be in writing,
shall state the reason or reasons why the decision of the
zoning administrator is incorrect, and shall be filed with
the director of the department upon forms provided by the
department. Such appeal shall be accompanied by payment of
a fee in an amount to be established by resolution of the
city council.
(m) Upon receipt of an appeal, the director shall
present such appeal to the planning commission at its next
regular meeting. At such meeting, the planning commission
shall set the appeal for public hearing within thirty (30)
days from the date of such regular meeting. Not later than
ten (10) days prior to the date of said public hearing, the
planning commission shall give written notice of the date,
time and place of its hearing to all property owners within
three hundred (300) feet of the exterior boundaries of the
lot or parcel involved, as shown on the latest available tax
roll.
(n) At its public hearing, the planning commission may
either affirm, reverse, change or modify the decision of the
zoning administrator. The planning commission may continue
its public hearing in the same manner as permitted for the
zoning administrator pursuant to Subsection (g) of this
section. In rendering its decision, the planning commission
shall be governed by the criteria set forth in Subsection
(h) (1)-(4) of this section. If the planning commission
reverses the decision of the zoning administrator, approves
the application and grants the permit, the planning commission
may impose conditions to such approval in the same manner as
granted to the zoning administrator pursuant to Subsection
(j) of this section. The decision of the planning commission
shall be final with no further right of appeal. The decision
of the planning commission shall be filed with the clerk of
the council, with the department, and mailed to the applicant.
(o) The zoning administrator may, after twenty (20)
days notice by mail to the applicant and/or record owner or
owners of the affected lot or parcel, and after a duly
noticed public hearing in accordance with the provisions of
Subsection (m) of this section, revoke a permit, on any one
or more of the following grounds:
(i) That the permit was obtained by fraud or
misrepresentation.
(ii) That the permit has been exercised by the
person granted the permit, or his representatives, successors,
or assigns, contrary to the terms or conditions of approval,
or in violation of any statute, ordinance, law, or regulation
not excused by the permit.
(iii) That the permit is being or has been so
exercised as to be detrimental to the public health, welfare,
or safety or so as to constitute a nuisance.
(p) The person whose permit has been revoked by the
zoning administrator may appeal the decision of the zoning
ORDINANCE NO. NS- 1634
PAGE FIVE
administrator in writing to the planning commission within
ten (10) days after such decision by the zoning administrator.
The planning commission shall hear said appeal within thirty
(30) days after the date such appeal is filed. Public
notice of the planning commission's hearing on such appeal
shall be given in accordance with the provisions of Sub-
section (m) of this section. The planning commission, after
hearing, may affirm, reverse, change or modify the decision
of the zoning administrator. A copy of the decision of the
planning commission shall be filed with the clerk of the
council, with the department, and mailed to the applicant.
The decision of the planning commission shall be final with
no further right of appeal.
(q) The requirements of this section shall be in
addition to, and not a substitute for, the provisions and
requirements set forth in Article VIII (Sections 8-1760 to
8-1804) of Chapter 8 of this Code, pertaining to house
moving.
SECTION 3: If any section, subsection, sentence,
clause, phrase or portion of this ordinance is for any
reason held to be invalid or unconstitutional by the de-
cision 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.
SECTION 4: Neither the adoption of this ordinance nor
the repeal hereby of any ordinance shall in any manner
affect the prosecution for violation of ordinances, which
violations were committed prior to the effective date hereof,
nor be construed as affecting any of the provisions of such
ordinance relating to the collection of any such license or
penalty or the penal provision applicable to any violation
thereof, nor to affect the validity of any bond or cash
deposit.in lieu thereof, required to be posted, filed or
deposited pursuant to any ordinance and all rights and
obligations thereunder appertaining shall continue in full
force and effect.
ADOPTED this 7th day of 0une , 1982.
ATTEST:
COUNCILMEMBERS:
Bricken
Luxembourger AYe
Acosta Aye
Serrato
Griset Abstain
Markel ~¥e
McGuigan ~¥e
APPROVED AS TO FORM:
"7'
EDWARD J. COOPER,
City Attorney