HomeMy WebLinkAbout11A - NS-2710 AMEND CH 41
ORDINANCE NO. NS-2710
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA AMENDING CHAPTER 41 OF
THE SANTA ANA MUNICIPAL CODE REGARDING
SINGLE FAMILY DEVELOPMENT, VENDING
MACHINES, SECOND DWELLING UNITS,
DEFINITIONS, LAUNDROMATS AND TOWNHOUSE
STANDARDS (ZOA 2004-07)
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. The current code sections that regulate single family dwelling
development were adopted in 1986. These sections have basically
remained unchanged for the last 20 years, which has resulted in
regulations that are not in concert with the current housing trends. As a
result, many of the sections are obsolete and in need of updating.
B. The changes to the single-family residential development standards are
intended to address concerns about projects that are not characteristic of
or beneficial to the residential neighborhoods.
C. The changes to the definitions, second dwelling units, laundromat,
vending machines and townhouse regulations are intended to clarify and
update these regulations.
D. On March 27, 2006, the Planning Commission held a duly noticed public
hearing and by a vote of 6:0 (Rodriguez absent) voted to recommended
that the City Council approve and adopt the Negative Declaration for
Environmental Review No. 2004-231, and adopt an ordinance approving
Zoning Ordinance Amendment No. 2004-07, to amend sections of
Chapter 41 of the Santa Ana Municipal code pertaining to single family
development, vending machines, second dwelling units, definitions,
laundromats and townhouse standards.
E. On April 17, 2006 the City Council held a duly noticed public hearing
regarding the adoption of the Negative Declaration for Environmental
Review No. 2004-231, and adopt an ordinance approving Zoning
Ordinance Amendment No. 2004-07, to amend sections of Chapter 41 of
the Santa Ana Municipal code pertaining to single family development,
vending machines, second dwelling units, definitions, laundromats and
townhouse standards.
Section 2. The City Council has reviewed and considered the information
contained in the initial study and Negative Declaration No. 2004-231 prepared with
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respect to this Ordinance. The City Council has, as a result of its consideration and
the evidence presented at the hearings on this matter, determined that, as required
pursuant to the California Environmental Quality Act (HCEQAH) and the State CEQA
Guidelines, a Negative Declaration adequately addresses the expected
environmental impacts of this Ordinance. On the basis of this review, the City
Council finds that there is no evidence from which it can be fairly argued that the
project will have a significant adverse effect on the environment. The City Council
hereby certifies and approves the negative declaration and directs that the Notice of
Determination be prepared and filed with the County Clerk of the County of Orange
in the manner required by law.
Pursuant to Title XIV, California Code of Regulations (HCCRH) 9 735.5(c)(1), the City
Council has determined that, after considering the record as a whole, there is no
evidence that the proposed project will have the potential for any adverse effect on
wildlife resources or the ecological habitat upon which wildlife resources depend.
The proposed project exists in an urban environment characterized by paved
concrete, roadways, surrounding buildings and human activity. Therefore, pursuant
to Fish and Game Code 9 711.2 and Title XIV, CCR 9 735.5(a)(3), the payment of
Fish and Game Department filing fees is not required in conjunction with this
project.
Section 3. Section 41-51 is hereby amended to read as follows:
Sec. 41-51. Dwelling, one-family.
A residential building containing one or more habitable rooms with
only one (1) kitchen, designed for occupancy by one independent
household unit with common access to, and common use of all living,
kitchen and bathroom areas.
Section 4. Section 41-103.5 is hereby amended to read as follows:
Sec. 41-103.5. Long-term stay business hotel.
A long-term stay business hotel is a hotel/motel which is designed
and operated to primarily accommodate business travelers whose guest
stays vary in general from one (1) week to a month or more. Any
hotel/motel that contains a kitchen in guest rooms shall be considered a
long-term stay business hotel. No long-term stay business hotel may be
established in the city after July 1, 2001 except as permitted by a SP
(Specific Plan) or SD (Specific Development) district and then only as a
conditional use. Long-term stay business hotels shall not include
transient/residential hotels.
Section 5.
Section 41-105 is hereby amended to read as follows:
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Sec. 41-105. Lot coverage.
Lot coverage is the amount of lot area stated in terms of
percentage that is covered by all buildings or structures located thereon.
This shall be considered to include the building footprint and all building
projections, but shall exclude patio covers, awnings and eaves.
Section 6.
Section 41-131 is hereby amended to read as follows:
Sec. 41-131. Outdoor vending machine.
Outdoor vending machine shall mean a mechanical device located
on the outside of a building that provides a product or service to the public
for compensation, including but not limited to water dispensers, drink
dispensers, food dispensers or water vending machines. For purposes of
this chapter, news boxes, pay phones, automated teller machines and
youth amusement rides shall not be deemed to be outdoor vending
machines.
Section 7.
follows:
Section 41-131.5 is hereby added to the Code to read as
Sec. 41.131.5 Outdoor Water Vending Machine
Outdoor water vending machine shall mean a mechanical device
located within a building exterior storefront that solely dispenses water for
compensation. For purposes of this chapter, machines that vend
prepackaged bottled water shall not be considered outdoor water
dispensing machines.
Section 8.
follows:
Section 41-137.10 is hereby added to the Code to read as
Sec. 41-137.10. Porte cochere.
Porte cochere is a structure over the driveway, and attached to the
main residence for the temporary sheltering and unloading of passengers
by an entrance of the building.
Section 9.
Section 41-142 is hereby amended to read as follows:
Sec. 41-142. Recreational or entertainment uses.
Recreational or entertainment uses include any use of property for
the purpose of providing recreation or entertainment to the public for
compensation, including, but not limited to, carnivals, circuses,
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amusement parks, golf course, bowling alleys, billiard parlors, pool halls,
sports stadiums, dance halls, and game arcades; provided, however, that
the use of less than five (5) percent of the floor space of that part of a
building which is open to the public for mechanical or electronic games
shall not be considered a recreational or service use. The square footage
for each pool table shall be calculated at 192 square feet to accommodate
the area necessary for the players.
Section 10. Section 41-161.5 is hereby amended to read as follows:
Sec. 41-161.5. Transient/residential hotel.
A transient/residential hotel differs from a hotel/motel in that, while
guests at a hotel/motel have another, primary residence, the guests at a
transient/residential hotel utilize it as their primary residence (for purposes
of this section the term "primary residence" shall have the same definition
as under California Health & Safety Code section 50519(b)(1)). Any
hotel/motel that rents, lets or otherwise provides for compensation, twenty-
five (25) percent or more of the total number of rooms therein to any
person, firm, partnership, corporation, association, or other business entity
for occupancy which exceeds twenty-eight (28) consecutive days or
twenty-eight (28) days in any 60-day consecutive period shall be deemed
to be a transient/residential hotel. No transient/residential hotel may be
established in the city after June 7, 1999 unless:
(1) It was existing on June 7, 1999; and
(2) It is permitted by a SP (Specific Plan) or SD (Specific
Development) district and then only as a conditional use.
Section 11. Section 41-194 is hereby amended to read as follows:
Sec. 41-194. Second dwelling units--Standards.
Notwithstanding any other provision of this chapter, a second
dwelling unit may be constructed and maintained on a parcel in the R1,
R2, R3, R4, CR, A 1, or RE zoning districts, or on a parcel within any
Specific Plan or Specific Development zoning district in which residential
uses are permitted, on any parcel which is already improved with one (1)
single-family dwelling unit and no other second dwelling unit, either as an
attached or detached unit, or as a division of space within the existing unit,
provided the following ministerially applied standards are met:
(a) No second dwelling unit shall be permitted on any parcel which the
city has designated as deficient in public open space, as shown on
the map entitled "Areas of Open Space Deficiency" on file with the
clerk of the council.
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(b) The second dwelling unit shall be not less than three hundred (300)
square feet;
(c) The second dwelling unit shall be not more than seven hundred fifty
(750) square feet or thirty (30) percent of the size of the primary
dwelling unit on the parcel, whichever is less, provided, however,
that the second dwelling unit shall in all cases be permitted to be a
minimum of three hundred (300) square feet;
(d) The lot coverage for the parcel, as that term is defined in this
chapter, shall not exceed the percentage specified in the underlying
zoning district.
(e) The size and location of the second dwelling unit shall not cause
the parcel to be reduced below a total of one thousand two hundred
(1,200) square feet of usable, continuous, non-front yard open-
space, excluding driveways and parking areas. Any open space
with a minimum dimension of fifteen (15) feet by fifteen (15) feet
shall be deemed continuous.
(f) The front yard setback shall be not less than twenty (20) feet from
the street. The primary and secondary dwelling units shall comply
with the provisions of section 41-603 et seq. of this Code relating to
setbacks.
(g) Each side yard shall be a minimum of five (5) feet for the second
dwelling unit. On corner lots, the side yard on the street side shall
be a minimum of ten (10) feet.
(h) The rear yard shall be a minimum of ten (10) feet.
(i) There shall be a minimum of fifteen (15) feet separation between
the primary dwelling unit and a detached second dwelling unit and
a minimum of five (5) feet between a detached second dwelling unit
and an accessory building.
G) There shall be provided (1) parking space provided per bedroom of
the second dwelling unit with a minimum on one (1) parking space
per second dwelling unit. Said parking space(s) shall not be located
in the front setback except in a legal driveway, but may be located
in the side or rear setbacks. Any driveway on the parcel shall lead
to the garage and shall constitute no more than fifty (50) percent of
the frontage of the parcel. No additional curb cuts may be installed
for the second dwelling unit.
(k) The height of a detached second dwelling unit shall not exceed
fifteen (15) feet. The height of an attached second dwelling unit
shall not exceed the height limit applied to a primary dwelling unit in
the underlying zoning district.
(I) The color, material and texture of the roof, exterior walls and
fenestration of a second dwelling unit shall be architecturally
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compatible with the primary dwelling unit. The roof pitch of a
second dwelling unit shall match the roof pitch of the primary
dwelling unit.
(m) An attached second dwelling unit shall have no exterior stairs.
(n) No attached second dwelling unit shall have an outside door on the
primary elevation of the primary dwelling unit or visible from a
street.
(0) The second dwelling unit shall not be a trailer coach, recreational
vehicle or mobile home, as those terms are defined in state law.
(p) If the second dwelling unit is to be constructed on a parcel identified
on the federal, state or local list of significant historic resources, the
second dwelling unit shall not be placed or constructed so as to
result in a modification of the existing historic resource on the
parcel, unless alterations to the existing primary dwelling unit
conform to the United States Secretary of Interior's official
Standards for Treatment of Historic Properties.
(q) The owner or owners of the parcel shall file with the planning
manager a recorded covenant, in a form approved by the city
attorney affirming and consenting that either the primary dwelling
unit or the second dwelling unit shall be owner-occupied.
(r) The second dwelling unit shall conform to the applicable design
standards contained in the urban design element of the city's
general plan.
(s) No second dwelling unit may be constructed on a parcel which is
already nonconforming to the provisions of this chapter or on which
the second dwelling unit would create a non-conformity to this
chapter.
(t) The planning manager shall prepare written procedures for the
implementation of this section, which may include standards and
forms for plans and drawings.
Section 12. Section 41-198.300 is hereby amended to read as follows:
Sec. 41-198.300. Outdoor vending machines.
(a) Notwithstanding any other provisions of this chapter, outdoor
vending machines may be operated only in the C1, C2, C4, C5,
CR, North Harbor Specific Plan (SP-1), and Bristol Street Specific
Plan (SP-2) zones provided they are carried on in accordance with
the limitations hereinafter set forth and provided a ministerial land
use certificate is first obtained in accordance with sections 41-675
through 41-677 of this Code. Outdoor vending machines located in
public parks or any other public property shall not be subject to this
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section.
(b) No outdoor vending machine may be installed, maintained,
repaired, or operated in the city without first being issued a valid
land use certificate. A land use certificate shall be issued by the
planning manager only if the following standards and conditions are
met:
(1) The outdoor vending machine may not be located such that
the outdoor vending machine, or a user of the outdoor
vending machine, is within:
a. A public right-of-way;
b. A required landscape area;
c. A driveway;
d. An area used by vehicles for circulation; or
e. Five (5) feet of any business entrance or exit.
(2) All outdoor vending machines must be ancillary to an
approved primary use and may not be located on an
unimproved lot.
(3) When an outdoor vending machine is situated within the
primary ingress to and egress from the lot, a minimum
walkway width of six (6) feet shall be required in front of the
outdoor vending machine, when the outdoor vending
machine. The building official shall determine whether the
ingress to and egress from the lot is primary to the lot. In all
other situations, a minimum walkway width of four (4) feet is
required in front of the outdoor vending machine.
(4) All outdoor vending machines shall only be located on a
building elevation that contains a primary entrance.
(5) All outdoor vending machines must be positioned against a
building wall and not located in front of windows. This
subsection shall not apply to outdoor water vending
machines.
(6) Outdoor water vending machines may be located within the
glass or wall storefront provided visibility to the cashier is not
obstructed, with no greater than 25 percent of window area
to be covered by signage and/or an outdoor water vending
machine.
(7) An outdoor vending machine shall not block exit doors.
(8) Outdoor vending machine sign panels shall be limited to the
products sold within the outdoor vending machine. No
additional signs or advertising can be attached to or placed
on top or side of any outdoor vending machine.
(9) Exterior conduit, piping or wiring must not be visible when
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standing directly in front of the outdoor vending machine.
(10) No visible security cages are permitted on the outside of an
outdoor vending machine.
(11) Outdoor vending machines shall not exceed eighty (80)
inches in height and thirty-six (36) inches in depth and forty-
two inches (42) in width.
(12) Outdoor water vending machines shall not exceed thirty five
(35) inches in height, one (1) inch in depth, as measured
from the exterior glass or wall storefront, and twenty nine
(29) inches in width.
(13) All outdoor vending machines shall be maintained in a clean
and attractive condition.
(14) Any graffiti on an outdoor vending machine shall be removed
within twenty-four (24) hours.
(15) Number of outdoor vending machines.
a. No more than five (5) outdoor vending machines shall
be permitted per development site or integrated
development site; of which only one may be an
outdoor water vending machine.
b The number of outdoor vending machines permittable
on a development site shall be as follows:
Square footage of Number of outdoor vending
development site machines
15,000 or less 1
15,001--30,000 2
30,001--45,000 3
45,001--60,000 4
60,001 or greater 5
c. For integrated development sites with multiple
underlying lots, at least one outdoor vending machine,
but not to exceed three (3) outdoor vending
machines, may be allowed per lot. Multiple outdoor
vending machines shall be subject to the following
ratio:
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Square footage of a lot within Number of outdoor
an integrated development vending machines
15,000 or less 1
15,001--30,000 2
30,001 or greater 3
(16) Upon removal or relocation of an outdoor vending machine,
the building and site area where the outdoor vending
machine was located shall be repaired to its original
condition within thirty (30) days from the date of removal.
Section 13. Section 41-199 is hereby amended to read as follows:
Sec. 41.199. Laundromats.
Laundromats may be permitted in the C1, C2, C3, C4 and C5
districts subject to the issuance of a conditional use permit. Laundromats
are not permitted in any other use district. Laundromats shall comply with
the following development and performance standards:
(a) Storefront windows must be of full length type. The vertical plane of
the glazing should extend from the top of the floor or bulkhead to
the top of the finished ceiling height. Bulkheads, if provided, shall
be a maximum of one (1) foot in height above the finished floor
level. The horizontal plane should extend completely across the
storefront except where shear panels are required by the building
code.
(b) Glazing material must be approved by the planning division and the
police department for color and tint. Tint must not exceed ten (10)
percent. Reflective glass will not be permitted.
(c) Interior lighting must be approved by the police department. The
minimum level shall be one (1) footcandle as per Santa Ana
Municipal Code.
(d) All service counters, seating areas, service sinks and coin-operated
dispenser machines must not create an obstructed view of the
entire interior assembly space. No displays, posters or other
obstructive material shall be installed on or near the storefront
windows.
(e) No public telephones shall be located within the laundromat.
(f) No electronic video games, billiard games or other gaming devices
shall be allowed within the laundromat. No laundromat use may be
initiated within three hundred (300) feet of any individual tenant
space having more than five (5) percent of its floor area used for
electronic video games or other gaming devices.
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(g) Public restrooms shall be locked at all times and available only
through the request of the attendant on duty.
(h) Service corridors shall be locked during all normal business hours.
Storage/access doors shall be one and three-quarter (1 3/4) inches
thick and secured with an approved dead bolt and nonremovable
hinge pins.
(i) Rear exits are prohibited unless required by either the building code
or the fire code. When required, rear exit doors shall be kept in a
locked closed position and shall have panic hardware.
0) Hours of operation shall be restricted to 7:00 a.m. to 10:00 p.m.
(k) A sign prohibiting loitering on the premises in accordance with
section 10-96 of this Code shall be kept posted on the premises at
all times.
(I) The exterior parking area must be illuminated to a minimum of one
(1) footcandle for sixty (60) feet horizontally in all directions from
the laundromat tenant space.
(m) One uniformed employee shall be present during the hours of
operation.
Section 14. Section 41-232 is hereby amended to read as follows:
Sec. 41-232. Uses permitted in the R1 district.
The following uses are permitted in the R1 district:
(a) One (1) one-family dwelling with six (6) or fewer bedrooms.
(b) Private greenhouses and horticultural collections for domestic
noncommercial use, flower and vegetable gardens, fruit trees and
any agricultural crop.
(c) One (1) temporary real estate office devoted to the sale of real
estate in the tract in which it is located, which use shall be for a
period of time not to exceed one (1) year.
(d) Accessory buildings and structures, except as otherwise provided
in section 41-232.5.
(e) Child care facilities providing care to not more than fourteen (14)
children, provided that if the number of children exceeds eight (8), a
land use certificate must be first obtained pursuant to Division 4 of
Article V of this chapter.
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(f) Adult day care facilities providing care to not more than six (6)
adults.
Section 15. Section 41-232.5 is hereby amended to read as follows:
Sec. 41-232.5. Uses subject to a conditional use permit in the R1
district.
The following uses may be permitted in the R1 district subject to the
issuance of a conditional use permit:
(a) Churches and accessory church buildings.
(b) Public schools, colleges and universities which may include
on the campus: Dormitories, libraries, museums, university
union buildings and art galleries, which are owned and
operated by the university.
(c) Private schools and colleges except said private schools and
colleges shall not include trade schools or business colleges.
(d) Public buildings and public utility buildings and structures,
including electric distribution and transmission substations.
(e) Golf courses, excluding miniature golf courses, pitch and
putt courses and driving ranges.
(f) Child care facilities caring for more than fourteen (14)
children.
(g) Neighborhood and community service centers.
(h) Garages for more than four (4) vehicles.
(i) Accessory buildings more than fifteen (15) feet in height or
more than one (1) story.
U) Adult day care facilities ancillary to a church or school
providing care to more than six (6) adults.
(k) One (1) one-family dwelling with seven (7) or more
bedrooms.
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Section 16. Section 41-234 is hereby amended to read as follows:
Sec. 41-234. Front yard.
The front yard shall be equal to the prevailing front yard setback of
the block as described in Section 41-603(b), but not less than twenty (20)
feet.
Section 17. Section 41-235 is hereby amended to read as follows:
Sec. 41-235. Side yards in the R1 district.
(a) Each side yard shall be not less than five (5) feet for each building.
(b) On corner lots, the side yard on the street side shall be not less
than ten (10) feet for each building.
(c) The restrictions on nonconforming buildings setforth in Article VI of
this chapter shall not apply to buildings which are nonconforming
solely for the reason that they do not have side yards satisfying the
setback requirement set forth in subsection (a) and provided the
side yards of such building are at least three (3) feet wide.
Section 18. Section 41-236 is hereby amended to read as follows:
Sec. 41-236. Rear yards in the R1 district.
There shall be a rear yard setback of not less than twenty (20) feet.
This section shall not apply to legal second dwelling units.
Section 19. Section 41-238 is hereby amended to read as follows:
Sec. 41-238. Lot coverage in the R1 district.
No more than thirty-five (35) percent of a lot in the R 1 district shall
be covered by structures.
Section 20. Section 41-239 is hereby amended to read as follows:
Sec. 41-239. Development standards in the R1 district.
Lots in the R1 district shall comply with the following standards:
(a) Front and street oriented side yards shall be landscaped with the
exception of approved driveways and sidewalks.
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(b) Side yards shall be completely landscaped, except a walkway or
driveway may encroach into required side yard.
(c) Driveways shall lead to a garage and not exceed the width of such
garage or fifty (50) per cent of the lot width at the street, whichever
is less. There shall be no parking of vehicles in the front yard
except in such driveways.
(d) Garages facing the street shall occupy no more than fifty (50)
percent of the lot width.
(e) Porte cocheres shall be architecturally integrated with the structure
and may encroach up to the side property line located on a
driveway that leads to the garage. A two-car garage must be
provided prior to approval of a porte cochere.
(1) A porte cochere shall not exceed twenty-five (25) feet in
length.
(2) Porte cocheres shall comply with the setbacks established
for the building it is attached to, except that the side yard
setback may be reduced to three (3) feet. On corner lots the
side yard setback on the street side shall be no less than 10
feet.
(f) Accessory buildings shall not exceed thirty-five (35) per cent of the
required rear yard area.
(g) An accessory building shall be not less than five (5) feet from a
main building.
(h) Maximum square footage of accessory building shall not exceed
fifty (50) per cent of the main structure square footage. Required
detached garages may exceed fifty (50) percent of the main
structure square footage, but shall not exceed 440 square feet for a
2-car garage, 640 square feet for a required 3-car garage and 840
square feet for a required 4-car garage.
Section 21. Section 41-276 is hereby repealed in its entirety.
Section 22. Section 41-603 is hereby amended to read as follows:
Sec. 41-603. Area--Generally.
(a) Any lot shown upon an official subdivision map duly approved by
the city council and recorded in the office of the county recorder, or
any lot for which a recorded contract of sale was in full force and
effect prior to June 3, 1954, and the deed is so recorded in the
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office of the county recorder, may be used as a legal building site,
subject to the conditions, limitations, and restrictions governing the
district in which it is located.
(b) The following exception to yard requirements shall be applied with
respect to all buildings, structures, and uses permitted in the A 1,
RE, R1, R2, R3, and P districts; where forty (40) per cent or more
of the lots along any block, excluding reverse corner lots and key
lots, are developed with buildings, the required front yard for any
new building or alteration to an existing building shall be not less
than the arithmetical average of the front yards of said buildings. In
computing said average front yard, main buildings situated entirely
on the rear one-half (1/2) of any lot along said block shall not be
included. Notwithstanding this subsection, no front yard shall be
less than twenty (20) feet from a front property line.
(c) In any commercial district, the front and side yards required for
dwellings, apartments, hotels and boardinghouses may be waived
when such uses are erected above the ground floor of a building
when said ground floor has no required front and side yard.
Section 23. Section 41-604 is hereby amended to read as follows:
Sec. 41-604. Same--Through lots.
(a) At each end of a through lot there shall be a front yard of a depth
required by this chapter for the district in which the respective street
frontage is located; provided, however, that there may be an
accessory building in one of such front yards in accordance with
subsection (c) following.
(b) Where a through lot has depth of one hundred fifty (150) feet or
more, said lot may be assumed to be two (2) lots with the rear line
of each approximately equidistant from the front lot lines; provided,
however, that each portion shall then be treated as a separate lot
insofar as the provisions of this chapter apply, and provided that
such lots were recorded and held under separate ownership prior to
December 31, 1939.
(c) Where a through lot has depth of less than one hundred fifty (150)
feet, an accessory building not exceeding one (1) story or fourteen
(14) feet in height may be located in one of the required front yards
if such building is at least five (5) feet from any side lot line and a
distance of at least ten (10) per cent of the lot depth from the street
line abutting the front yard in which such building is to be located;
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provided, however, that such accessory building shall not project
beyond the front yard line established by procedures set forth in
this chapter, but such accessory building need not be located more
than twenty (20) feet from the street line.
Section 24. Section 41-605 is hereby amended to read as follows:
Sec. 41-605. Same--Patios and architectural features.
(a) Cornices, eaves, chimneys, and similar architectural features may
extend into the required yards of the A 1, RE, and R1 districts as
follows: A distance not to exceed forty-eight (48) inches into any
required front, rear, and/or side yard of the street side of a corner
lot; and a distance not to exceed eighteen (18) inches into any
other required side yard. The aforesaid architectural features may
extend into the required yards of the R2 and R3 districts as follows:
A distance not to exceed forty-eight (48) inches into any required
front, rear, and/or side yard of the street side of a corner lot; and a
distance not to exceed six (6) inches into any other required side
yard.
(b) A wholly or partly enclosed covered patio attached to a residence
shall maintain the same yards as required for the main building,
except as setforth in subsection (c) of this section. A patio with a
roof having open-frame or eggcrate construction shall be
considered a covered patio.
(c) A landing place may extend into any yard to a distance of six (6)
feet across one-half (1/2) of the width or depth of the lot; provided
that such landing place shall have its floor no higher than the
entrance floor of the building. Stairs leading from the ground to said
landing place may project beyond said six (6) feet. Further, an open
railing no higher than three (3) feet may be placed around said
landing place. A covered patio may encroach up to ten (10) feet
into the required rear yard. Nothing herein shall prohibit the
extension of an unenclosed, nonroofed, open patio into any and all
required side and rear yards.
(d) Any cornice, eave, chimney, or similar architectural feature, patio
cover or canopy may extend into any other required open space
provided for in this chapter, other than required yards, a distance
not to exceed two (2) feet; provided, however, nothing herein shall
prohibit the full extension of an uncovered patio into said required
open space.
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Section 25. Section 41-606 is hereby amended to read as follows:
Sec. 41-606. Same--Accessory buildings in A1, RE, R1, R2 and R3
districts.
(a) On an interior lot an accessory building up to fifteen (15) feet in
height shall have a side and rear yard of not less than three (3)
feet, and an accessory building over fifteen (15) feet in height shall
have a side yard of not less than five (5) feet and a rear yard of not
less than ten (10) feet, except if the lot rears and/or sides upon an
alley, said accessory building, if a garage, shall maintain a distance
of not less than twelve (12) feet from the center line of the alley.
(b) On a corner lot an accessory building may be built not less than ten
(10) feet to the lot line on the street side of the lot, and shall
maintain the same rear and side setback requirements based on
the height of the accessory building as set forth in subsection (a).
(c) On a reversed corner lot an accessory building located in a
required rear yard shall not extend beyond the required front yard
line of the lot to the rear.
(d) When any rear lot line or portion thereof is a side lot line of a key
lot, an accessory building shall be not less than five (5) feet from
said line.
(e) There shall be a minimum twenty-foot drive clearance between any
property line abutting a street and the entrance of a garage.
Section 26. Section 41-608 is hereby amended to read as follows:
Sec. 41-608. Same--Modifications in yard regulations.
The following modifications in yard regulations may be undertaken:
(a) Since the general yard provisions of this chapter have to be
applied to numerous types of conditions and shapes of
parcels occasioned by varying street layouts and
subdivisions of property, it is not advisable to attempt to
define herein those cases which warrant exceptions and
modifications to the general yard requirements of this
chapter, therefore, authority is hereby given the zoning
administrator, as a part of his administrative function, to
determine in writing the application of the specific
requirements of this chapter in harmony with their purpose
and intent so that the spirit of the chapter shall be observed,
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public peace, health, safety, and welfare secured, and
substantial justice done under the following circumstances:
(1) Where the application of yard regulations cannot be
determined or may be interpreted in more than one
way as to cause confusion in the administration of
such regulations or general yard provisions with
respect to irregularly shaped lots such as those
resulting from some angular or curved streets,
particularly triangular or irregular shaped lots with
more than four (4) lot lines, or reverse corner lots
developed in such a manner where the front yard is
unclear such regulations or provisions may be
modified or interpreted by the zoning administrator in
writing as to an individual lot or to all lots of similar
type involving a common problem and the building
shall be governed by such interpretation. No fence or
accessory building, the location of which is
determined in whole or in part by yards, shall be
erected or established upon any lot which is so
irregularly or oddly shaped as to cause confusion
relative to interpretation of such regulations until the
yard provisions of this chapter shall have been
determined as set forth above.
Section 27. Section 41-622 is hereby amended to read as follows:
Sec. 41-622. Mechanical equipment or appurtenances: Regulations.
(a) All mechanical equipment or appurtenances located on the roof or
on the exterior of a building shall be screened.
(b) Every application for a building permit for the development of
property shall be submitted to the planning department and shall be
accompanied by detailed architectural drawings and plot plans, all
to a workable scale, showing the elevation and location of the
proposed screening structures or facilities, existing buildings and
proposed addition, and any other pertinent information considered
appropriate by the applicant or planning director pursuant to this
section.
(c) Such plans for the screening shall be submitted to the planning
department for approval, conditional approval, or denial. No
building permit shall be issued until plans are approved or
conditionally approved by the planning department. The decision of
the planning department may be appealed to the planning
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commission and then to the city council.
(d) In order to more clearly define the screening requirement, there
shall be on file in the office of the planning department illustrations
entitled "Guides to Screening of Mechanical Equipment or
Appurtenances." Said illustrations shall be approved by resolution
by the planning commission and city council.
(e) No building permit shall be issued for the erection, construction,
enlargement, or structural alteration of any building or structure in
the City of Santa Ana which work exceeds fifty (50) percent of the
gross floor area of any existing structures on the property unless
the applicant conforms with this section for the entire existing
buildings on the legal parcel.
(f) All screening of mechanical equipment or appurtenances on a
building shall meet with the approval of the building department.
(g) In all instances where no screening is required, the applicant shall
indicate on his plans that this section does not apply to his
proposed structure or building.
Section 28. Section 41-681.4 is hereby amended to read as follows:
Sec. 41-681.4. Rehabilitation of single-family and two-family
dwellings.
(a) Rehabilitation of a nonconforming building whose primary use is a
single-family dwelling or a two-family dwelling is permitted:
(1) in a residential district or an Specific Development where
residential is permitted; or
(2) in a P district where the continuance of the use is not barred
by Section 41-683 and the building complies with the
minimum yard requirements applicable to buildings located
in the R2 district.
(b) Structural alterations and additions may be made where the total
floor area of all such expansions occurring in a five year period
does not exceed forty (40%) percent of the floor space of the
building as it existed at the beginning of said time, provided:
(1) the number of bedrooms is not increased;
(2) the number of dwelling units is not increased; and
(3) no new nonconformances with the requirements of this
chapter are created.
(c) Structural alterations and additions which exceed forty (40%)
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percent of the total floor area as it existed at the beginning of a five
year period; include the creation of new bedrooms; or remodeling
which involves the demolition of more than fifty (50%) percent of
the building shall be permitted; provided:
(i) the number of dwelling units is not increased;
(H) the parking is brought into conformance with code
provisions;
(Hi) no new nonconformities with the requirements of this chapter
are created; and
(iv) a minimum of one thousand two hundred (1,200) square feet
of usable, continuous, non-front yard open-space, excluding
driveways and parking areas is provided. Any open space
with a minimum dimension of fifteen (15) feet by fifteen (15)
feet shall be deemed continuous open space.
(d) Where rehabilitation of a building involves more than fifty (50%)
percent of a building wall which encroaches into a front or side yard
setback is demolished or is structurally altered, the remainder of the
building wall shall be demolished. Any subsequent building wall
shall conform to all provisions of this chapter.
(e) For the purpose of this section, an existing two car garage with a
minimum dimension of eighteen (18) feet by eighteen (18) feet
exterior dimension shall be considered conforming.
(f) For the purpose of this section, remodel shall mean to reconstruct,
or to make over in structure or style, but shall exclude re-roof,
window replacement, exterior finish replacement and repair or
similar modifications.
Section 29. Section 41-1303 is hereby amended to read as follows:
Sec. 41-1303. Dimension of parking area and access.
(a) Parking stalls shall not be less than eight (8) feet six (6) inches
wide and eighteen (18) feet long, except as noted in section 41-
1320(c) & (d). Where double-striping is required,the width of stalls
shall be measured from lines midway between each pair of stripes.
Structural, mechanical, utility or similar appurtenances are only
permitted adjacent to required stall areas if the required width of the
stall is increased at least six (6) inches and if the appurtenance is
not located so as to interfere with safe and free parking movement
or car door opening or of visibility. No appurtenance shall be
permitted in the area in front of a parked car unless located in its
entirety at least four (4) feet above surface level. Parking lot lights
and tree wells, however, may encroach no greater than eighteen
(18) inches into a front corner of a parking stall.
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(b) Aisles to and from parking stalls shall not be less than:
(1) Thirteen (13) feet wide for one-way aisles with thirty-degree
parking.
(2) Fifteen (15) feet wide for one-way aisles with forty-five-
degree parking.
(3) Eighteen (18) feet wide for one-way aisles with sixty-degree
parking.
(4) Twenty-three (23) feet wide for ninety-degree parking.
(c) Circulation within a parking area must be such that:
(1) A car entering the parking area need not enter a street to
reach another aisle except on a street with a standard
industrial street cross section.
(2) A car need not enter a street backwards. This provision shall
not apply to off-street parking required in sections 41-1320
and 41-1321, or prohibit the backing of motor vehicles into a
street which has a standard industrial street cross-section
regardless of the use on the lot abutting said industrial
street.
(3) All parking stalls and garages shall be accessible and
usable.
Section 30. Section 41-1320 is hereby amended to read as follows:
Sec. 41-1320. Single-family dwellings.
(a) The minimum off-street parking requirements for single-family
dwellings are as follows:
(1) four (4) off-street parking spaces for up to five (5) bedrooms;
(2) five (5) off-street parking spaces for up to six (6) bedrooms;
(3) six (6) off-street parking spaces for up to seven (7)
bedrooms;
(4) seven (7) off-street parking spaces for up to eight (8)
bedrooms;
(5) eight (8) off-street parking spaces for nine (9) or more
bedrooms.
(b) Of the spaces required by subsection (a), no less than one-half
(1/2) of the off-street parking spaces shall be in an enclosed
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garage. The remaining spaces may be tandem spaces in a
driveway.
(c) Each parking stall in a one-car garage shall not be less than 12 feet
wide and twenty (20) feet long.
(d) Each parking stall in a two-car garage or larger shall not be less
than ten (10) feet wide and twenty (20) feet long.
Section 31. 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 anyone or more sections, subsections, sentences, clauses,
phrases, or portions be declared invalid or unconstitutional.
Section 32. The city clerk shall certify to the adoption of this ordinance
and cause the same to be published in the manner prescribed by law.
ADOPTED this
day of May, 2006.
Miguel A. Pulido
Mayor
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
By:
Kylee O. Otto
Assistant City Attorney
AYES:
Council members
Ordinance No. NS-XXXX
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NOES: Council members
ABSTAIN: Councilmembers
NOT PRESENT: Council members
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the
attached Ordinance No. NS-2710 to be the original ordinance adopted by the
City Council of the City of Santa Ana on ' 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
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