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HomeMy WebLinkAboutNS-1700REL:ar 8/26/83 ORDINANCE NO. NS- 1700 AN ORDINANCE OF THE CITY OF SANTA ANA ADDING SECTIONS 41-668 THROUGH 41-674 TO THE SANTA ANA MUNICIPAL CODE, REPEALING SECTIONS 41-293, 41-295, 41-344, 41-430, 41-441, 41-554, AND 41-555, AND AMENDING SECTIONS 41-413 AND 41-590, TO ESTABLISH A UNIFORM DEVELOPMENT PLAN APPROVAL PROCESS APPLICABLE THROUGHOUT THE CITY. BE SANTA ANA AS IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FOLLOWS: SECTION 1: That the title of Article V of Chapter 41 of the Santa Aha Municipal Code is hereby amended to read as follows: Article V. Conditional Use Permits, Variances, Minor Exceptions, Amendments, and Development Project Plan Approvals. SECTION 2: That the Santa Ana Municipal Code is hereby amended by adding a division, to be numbered 3, con- sistinG of sections numbered 41-668 through 4'1-674, which said division reads as follows: DIVISION 3. DEVELOPMENT PROJECT PLAN APPROVAL. Sec. 41-668. Definitions (a) "Development pr'ojeCt" As ~sed in this d~vision, the term "develop- ment project" includes the following: (1) The new construction of any building or buildings, other than accessory .buildings. (2) Exterior alterations or additions to any existing building or buildings, if the cost of the work to be done exceeds $20,000. ORDINANCE NO. NS-1700 PAGE TWO (b) "Discretionary approval" As used in this division, the term "discre- tionary approval" means a conditional use permit, variance, minor exception, tentative m~p approval, change in use district designation,'or similar-entitlement for develop- ment, the granting of which involves the exercise of dis- cretion, other than the plan approval process set forth in this division. Sec. 41-669. Plan approval (a) No building permit shall be issued for any development project unless cOnsistent with plans that have been approved for such development project in accordance with this division, except as otherwise provided in a dis- cretionary approval. (b) In the event that a development project requires a discretionary approval in order to proceed, no application for such discretionary approval may be filed unless plans have been submitted for review and approved or disapproved for such development project in accordance with this division. Sec. 41-670. Standards for approval. Plans for a development project shall be approved if the development pro3ect, as proposed in the plans, satis- fies the following standards: (1) The development project is consistent with the general plan and with any applicable specific plan adopted pursuant to California Government Code sections 65450 et seq. (2) The development project is consistent with development design and architectual standards adopted by resolution of the City Council. (3) The development project provides for adequate vehicular and pedestrian access and circulation and vehicular parking. adequate access equipment. 4) The development project provides for for city emergency and service vehicles and ORDINANCE NO. NS-1700 PAGE THREE (5) The development project provides for adequate~utility services. (6) The development project complies with all applicable standards and regulations set forth in this Chapter, including but not limited to landscaping require- ments, trash area enclosures, and screening requirements fQr loading and parking areas. Sec. 41-671. Filing of application for plan approval. (a) Ail applications for plan approval for development project skall be filed with the director of planning and development services. The director of planning and development services shall, by written departmental regulations, establish procedures, forms and requirements for the filing of such applications, as appropriate to deter- mine whether the development pro3ect will comply with the standards set forth in section 41-670. (b) The city council may by resolution estab- lish a fee to compensate the city for the administrative cost of the plan review process established by this division, including the appeal process set forth in section 41-674. Sec. 41-672. Hearing. (a) Except as provided in subsection (c) of this section, whenever approval of plans for a development project will constitute a substantial or significant de- privation of property rights of other landowners, the director of planning and development services shall set the matter for public hearing and provide notice of the time and place of the hearing to all persons, including businesses, corporations, or other public or private entities, shown on the last equalized assessment roll, as owning real property within 300 feet of the property which is the subject of the application. The notice shall be given by direct mailing to the owners at least five (5) days prior to the date of the hearing. (b) Whenever a public hearing is required pur- suant to subsection (a) of this section, the applicant may be required to provide the director of planning and develop- ment services with a list of the names and addresses of the property owners entitled to notice under said subsection (a). ORDINANCE NO. NS-l?00 PAGE FOUR (c) If the development project requires a dis- cretionary approval in order to proceed, and if the applica- tion for such discretionary approval requires a public hear- ing by the planning commission or the city council, then no hearing need be held on the development plan separate and apart from the hearing on the application for the discretion- ary approval; provided, however, in such event: (1) the notice of hearing on the application for the discretionary approval shall meet the requirements of subsection (a) of this section; (2) any approval of the development project plans by the director of planning and development services shall be subject to the condition that such plans be subse- quently approved by the planning commission or city council following the hearing; (3) the hearing shall extend to and include all-issues relevant to development project plan approval under this division; and (4) the planning commission or city council~ shall approve, conditionally approve, or disapprove the plans for the developmgnt project following the hearing. Sec. 41-673. Decision on development project plans. (a) After receipt of a complete application for development project plan approval, the director of planning and development services shall approve, conditionally approve, or disapprove the plans. Conditions of approval shall be limited to those which reasonably relate to the purpose of assuring compliance with the standards set forth in section 41-670, and with requirements, if any, for subsequent dis- cretionary approvals. (b) In addition to rendering a decision on the plans, the director of planning and development services shall provide direction to the applicant on the following matters: (1) The conformance of the project with the general plan, any applicable specific plan, and any design and architectual guideline~ adopted by the city council. (2) The application to the development pro- ject or regulations, procedures, and fees established by or pursuant to this Code. ORDINANCE NO. NS- 1700 PAGE FIVE (3) Subsequent discretionary approvals re- quired for the project, if any. (4) Departments and agencies of the city which will be involved in the determination of requirements for the development project. Sec. 41-674. Appeal. (a) Any person aggrieved by a determination of the director of planning and development services pursuant to section 41-673 may appeal such determination to the planning commission, which may then approve, conditionally approve, or disapprove the plan subject to the same stand- ards and limitations as apply to the director of planning and development services under this division. The decision of the planning commission shall be final. (b) Any decision on a development plan approved pursuant to section 41-672 (c) may be appealed according to the same procedures established for appeal of a decision on the application for a discretionary approval which is re- quired for the development project. SECTION 3: That sections 41-293, 41-295, 41-344, 41-430, 41-441, 41-554, and 41-555 of the Santa Ana Munici- pal Code are hereby repealed. SECTION 4: That section 41-413 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 41-413. Operational standards. (a) Any activities permitted in this district shall be conducted wholly within an enclosed building except the pump islands of service stations, parking facilities, sidewalk cafes, news and flower stands. (b) There shall be no manufacturing, process- ing, compounding, assembling or treatment of any material or product other than that which is clearly and traditionally incidental to a particular retail enterprise, and where such goods are sold on the premises. (c) A concrete block wall not less than five (5) feet nor more than six (6) feet in height shall be erected along any lot line contiguous to any residentially zoned property excepting said wall shall not exceed the height limitations as prescribed in section 41-610 of this chapter. ORDINANCE NO. NS-1700 PAGE SIX said fence requirement may be waived by the planning commission when it shall be found that the abutting residential zoned property is in a period of transition to commercial, professional or industrial usage or because of other extenuating circumstances where said fence would not promote the public ~health, welfare or safety. SECTION 5: That section 41-590 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 41-590. Conditional use permit required. Any development, use or division of property within a PRD modified district classification, even though such development, use or division of said property may conform to the base zone to which the PRD modified district may be suffixed, requires the filing and approval of a conditional use permit. SECTION 6: If any section, subsection, sen- tence, clause, phrase or portion of this ordinance is 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. SECTION 7: 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 ORDINANCE NO. NS- 1700 PAGE SEVEN 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 21st ATTEST: day of November , 1983. R. W. ~XEMBOURGER, MA~)R APPROVED AS TO FORM: COUNCILMEMBERS: Luxembourger Aye Griset -~ Acosta ~ye Bricken Aye Johnson Aye McGuigan Aye Young Aye CITY ATTORNEY