HomeMy WebLinkAboutNS-1961 - Amending Sections of the Santa Ana Municipal Code Adding Sections and Repealing Section to Revise the Zoning Regulations Pertaining to Non-Conforming Uses and BuildingsREL:mb(13)
4/28/88
Rev. 5/10/88
ORDINANCE NO. NS-1961
AN ORDINANCE OF THE CITY OF SANTA ANA
AMENDING SECTIONS 41-127, 41-681, AND
41-685 OF THE SANTA ANA MUNICIPAL CODE,
ADDING SECTIONS 41-27, 41-142.5, 41-681.1,
41-681.2, 41-681.3, 41-681.4, AND 41-685.5
AND REPEALING SECTION 41-688, TO REVISE
THE ZONING REGULATIONS PERTAINING TO NON-
CONFORMING USES AND BUILDINGS
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN
AS FOLLOWS:
SECTION 1: That the Santa Ana Municipal Code is hereby
amended by adding a section, to be numbered 41-27, which
said section reads as follows:
Sec. 41-27. Bedroom.
A bedroom is any room or segment of a dwelling unit
separated from other portions of such dwelling unit by
walls or other partitions, which is designed or used as
sleeping quarters, provided that in determining the
number of bedrooms in a dwelling unit all such rooms or
segments having an area in excess of 80 square feet
(exclusive of one living room, one dining room and al~
rooms clearly designed as kitchens, bathrooms, closets
and hallways) shall be deemed bedrooms regardless of
any description or use for purposes other than sleeping
quarters, such as dens, family rooms or guest rooms.
SECTION 2: That section 41-127 of the Santa Ana Municipal
Code is hereby amended to read as follows:
Sec. 41-127. Nonconforming building.
A nonconforming building is a building to which
either of the following circumstances apply:
(1) The building was constructed prior to July 20,
1960 and thereafter the building, or any of its appurt-
ances, or the site on which it is located became non-
conforming ~o any provision of this chapter due to the
enactment or amendment of such provision or due to the
acquisition by a public agency of real property through
eminent domain or through a voluntary conveyance in lieu
thereof.
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ORDINANCE NO. NS-1961
PAGE TWO
(2) The building and its appurtenances and the site
on which it is located existed at one time in conformance
with all applicable provisions of this chapter, and there-
after the building, or any of its appurtenances, or the
site on which it is located became nonconforming to any
provision of this chapter due to the enactment or amend-
ment of such provision or due to the acquisition by a
public agency of real property through eminent domain
or through a voluntary conveyance in lieu thereof.
SECTION 3: That the Santa Ana Municipal Code is hereby
amended by adding a section to be numbered 41-142.5, which
said section reads as follows:
Sec. 41-142.5. Rehabilitation.
Rehabilitation is the restoration or modification
of an existing building which alters the aesthetic quality
of the building, excluding normal maintenance.
SECTION 4: That section 41-681 of the Santa Ana Municipal
Code is hereby amended to read as follows:
Sec. 41-681.
General prohibition against enlargement
or structural alteration of nonconforming
buildings.
No nonconforming building or building occupied by a
nonconforming use shall be enlarged nor shall the exterior
walls of such a building be structurally altered in any
manner unless such building and the site on which it is
located will thereafter conform to all applicable pro-
visions of this chapter, except as otherwise provided in
sections 41-681.1 through 41-681.4.
SECTION 5: That the Santa Ana Municipal Code is hereby
amended by adding a section, {o be numbered 41-681.1, which
said section reads as follows:
Sec. 41-681.1. Rehabilitation of nonresidential buildings
on sites of less than 15,000 square feet.
Rehabilitation of any nonconforming building which
is used for any nonresidential purpose and which is located
on a site having less than 15,000 square feet of gross
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ORDINANCE NO. NS-1961
PAGE THREE
area is subject to the following exceptions from section
41-681.'
(1) Rehabilitation which is limited to structural
alterations without any building expansion is permitted if
all signage on the building and the site on which it is
located is brought into conformity with the requirements
of this chapter, except that, in the case of such altera-
tions being undertaken by a tenant on a site having more
than one tenant, such alterations are permitted if all
signage on the area leased by such tenant is brought into
conformity with the requirements of this Chapter.
(2) Rehabilitation which includes expansion of
the building is permitted when the total floor area
of all such expansions occurring in any five-year period
does not exceed 10 percent of the floor space of the build-
ing as it existed at the beginning of such time period,
provided that the following conditions are satisfied:
(a) Ail signage on the building and the site on
which it is located shall be brought into conformity
with the requirements of this chapter.
(b) Off-street parking shall be provided in conformance
with the requirements of this chapter. With regard to
sites having more than one business occupant, only the
occupant undertaking the building expansion is required
to achieve conformity with the applicable off-street
parking requirements of this chapter.
(c) Landscaping shall be improved to bring the site
on which the building is located into closer compliance
with the landscaping requirements of this chapter, as
deemed appropriate by the planning director.
(3) Rehabilitation which includes expansion of the
building is permitted when the total floor area of all
such expansions occuring in any five year period exceeds
10 percent but does not exceed 25 percent of the floor
space of the building as it existed at the beginning of
such time period, if the building and the site on which
it is located is brought into conformity with all of the
requirements of this chapter except those pertaining to
building setbacks (minimum yards), minimum lot size, and
minimum street frontage. With regard to sites having
u~DINANCE NO. NS-1961
PAGE FOUR
more than one business occupant, only the occupant under-
taking the building expansion is required to achieve
conformity with the applicable off-street parking require-
ments of this chapter.
SECTION 6: That the Santa Ana Municipal Code is hereby amended
by adding a section, to be numbered 41-681.2, which said section
reads as follows:
Sec. 41-681.2. Rehabilitation of nonresidential buildings
on sites of 15,000 square feet or more.
Rehabilitation of any nonconforming building which is
used for any nonresidential purpose and which is located on
a site having 15,000 square feet or more of gross area is
subject to the following exceptions from section 41-681:
(1) Rehabilitation which is limited to structural
alterations without any building expansion is permitted if
all signage on the building and the site on which it is
located is brought into conformity with the requirements
of this chapter, except that, in the Case of such altera-
tions being undertaken by a tenant on a site having more
than one tenant, such alterations are permitted if all
signage on the area leased by such tenant is brought into
conformity with the requirements of this Chapter.
(2) Rehabilitation which includes expansion of the
building is permitted when the total floor area of all
such expansions occurring in any five year period does
not exceed 10 percent of the floor space of the building
as it existed at the beginning of such time period, pro-
vided that the following conditions are satisfied:
(a) Ail signage on the building and the site on
which it is located shall be brought into conformity
with the requirements of this chapter.
(b) Off-street parking shall be provided in
conformance with the requirements of this chapter.
With regard to sites having more than one business
occupant, only the occupant undertakig the building
expansion is required to achieve conformity with the
applicable off-street parking requirements of this
chapter.
(c) Landscaping shall be improved to bring the
site on which the building is located into closer
compliance with the landscaping requirements of this
chapter, as deemed appropriate by the planning director.
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ORDINANCE NO. NS-1961
PAGE FIVE
SECTION 7: That the Santa Ana Municipal Code is
by adding a section, to be numbered 41-681.3, which
reads as follows:
hereby amended
said section
Sec. 41-681.3. Rehabilitation of multiple-family dwellings.
Rehabilitation of a nonconforming building which is a
multiple-family dwelling, including structural alteration
and/or enlargement, is permitted subject to the following
limitations:
(1) There shall be no enlargement which would intrude
into any required yard.
(2) There shall be no enlargement which would result
in a new nonconformity with the requirements of this chapter.
(3) There shall be.no increase in the number or size
of bedrooms unless the site on which the building is located
will be in conformance with the off-street parking require-
ments of this chapter.
SECTION 8: That the Santa Ana Municipal Code is hereby amended
by adding a section, to be numbered 41-681.4, which said section
reads as follows:
Sec. 41-681.4. Rehabilitation of single-family and two-family
dwellings.
Rehabilitation of a nonconforming building which is a
single-family dwelling or a two-family dwelling is permitted
in the following circumstances:
(1) Structural alterations and additions may be made
to such a building if it is located in a residential district,
provided the number of dwelling units is not increased and
that no new nonconformances with the requirements of this
chapter are created.
(2) Such buildings in the CM and P districts may
be enlarged or structurally altered provided the number
Of dwelling units is not increased. Any such building may
be replaced by a new building of the same type provided
that the number of dwelling units is not increased, that
the continuance of the use is not barred by section 41-683,
and that the new building complies with the minimum yard
requirement applicable to buildings located in the R2
district.
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ORDINANCE NO. NS-1961
PAGE SIX
SECTION 9: That section 41-685 of the Santa Ana Municipal
Code is hereby amended to read as follows:
Sec. 41-685. Change of a nonconforming use.
(a) Except as provided in subsections (b) and
(c) of this section, and subject to the provisions
of section 41-685.5, a nonconforming use may be
changed to another nonconforming use if and only if
the new use is unconditionally permitted in the dis-
trict in which said use is situated and the new use
complies with the off-street parking requirements of
this chapter.
(b) The conversion of a residence in any com-
mercial or industrial district to a use permitted in
that district shall conform in every respect to all
requirements and conditions set forth for such new
use by this chapter.
(c) A commercial use in the M-1 or M-2 district
which is a nonconforming use by reason of the absence
of a conditional use permit may be changed to another
commercial use without the necessity of obtaining a
conditional use permit.
SECTION 10: That the Santa Ana Municipal Code is hereby amended
by adding a section, to be numbered 41-685.5, which said section
reads as follows:
Sec. 41-685.5. Intensification of use.
(a) A nonconforming use shall not be changed to
another nonconforming use and a use in a nonconforming
building shall not be changed to another use if an
intensification of use would result.
(b) As used herein, "intensification of use" means
a change of use of land or buildings where more off-
street parking spaces are required for the new use than
were required for the previous use, and/or where the
new use would have greater adverse environmental effects
than the previous use.
(e) The determination of whether a change of use
would result in an intensification of use shall be
made by the planning director. Any person aggrieved
by a determination of the planning director that the
new use would have greater adverse environmental
effects than the previous use shall be entitled to
411
ORDINANCE NO. NS-1961
PAGE SEVEN
have such issue submitted to the planning commission
for final determination. Otherwise, the decision of
the planning director shall be final.
SECTION 11: That section 41-688 of the Santa Ana Municipal
Code is hereby repealed.
SECTION 12: If any section, subsection, sentence, 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 13: 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 6th day of June
, 1988.
ATTEST:
anice C. Guy /
~Clerk of the Counci~--~
Mayor
COUNCILMEMBERS:
Young
McGuigan Aye APPROVED AS TO FORM:
Ac os t a
Griset Aye
Hart Aye
M ay Aye e r
Pulido Aye City Attorney