HomeMy WebLinkAboutNS-2710 - Amending Chapter 41 of the Santa Ana Municipal Code Regarding Single Family Development, Vending Machines, Second Dwelling Units...
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 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 ("CEQA") 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
Ordinance No. NS-2710
Page 1 of 19
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 ("CCR") S 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 S 711.2 and
Title XIV, CCR S 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 SO (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:
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.
..",
Ordinance No. NS-2710
Page 2 of 19
'-
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. Section 41-131.5 is hereby added to the Code to read as follows:
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. Section 41-137.10 is hereby added to the Code to read as follows:
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, 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
Ordinance No. NS-2710
Page 3 of 19
(28) consecutive days or twenty-eight (28) days in any 60-day consecutive period
shall be deemed to be a transientlresidential hotel. No transientlresidential 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 SO (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, A1,
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.
(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.
Ordinance No. NS-2710
Page 4 of 19
""
""
""
""""
(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 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.
""""
""""
Ordinance No. NS-2710
Page 5 of 19
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 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.
Ordinance No. NS-2710
Page 6 of 19
....J
....J
....J
"'"
(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 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 development site Number of outdoor vending 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:
'"""
Ordinance No. NS-2710
Page 7 of 19
Square footage of a lot within an integrated Number of outdoor vending machines
development
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 C 1, 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 ..J
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.
(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.
Ordinance No. NS-2710
Page 8 of 19
.....,
'-'
(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.
G) 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.
(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.
Ordinance No. NS-2710
Page 9 of 19
(c)
Private schools and colleges except said private schools and colleges
shall not include trade schools or business colleges.
...J
(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.
(j) 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.
Section 16. Section 41-234 is hereby amended to read as follows:
Sec. 41-234. Front yard.
...J
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 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 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.
(d)
Section 18. Section 41-236 is hereby amended to read as follows:
...J
Ordinance No. NS-2710
Page 10 of 19
~
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 R1 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.
(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
~
Ordinance No. NS-2710
Page 11 of 19
4-car garage.
Section 21. Section 41-276 is hereby repealed in its entirety.
....J
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 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 A1, 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.
....J
(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
....,
Ordinance No. NS-2710
Page 12 of 19
'-
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; 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 A1, 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 set
forth in subsection (c) of this section. A patio with a roof having open-
frame or egg crate 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.
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
Ordinance No. NS-2710
Page 13 of 19
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 ....J
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.
....J
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, 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
Ordinance No. NS-2710
Page 14 of 19
'-'
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.
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 commission and then to the city council.
(c)
'-'
(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.
'-'
Ordinance No. NS-2710
Page 15 of 19
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%) 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: .."J
(i) the number of dwelling units is not increased;
(ii) the parking is brought into conformance with code provisions;
(iii) 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:
.."J
Ordinance No. NS-2710
Page 16 of 19
'-
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.
(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
Ordinance No. NS-2710
Page 17 of 19
(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 garage. The remaining 'will
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 1st day of Mav. 2006.
.~
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
. Kt/f 1;/;:;" ._-
By. .. ,t, t
Kylee 0/ Otto
Assistallt City Attorney
..J
Ordinance No. NS-2710
Page 18 of 19
'-'
'-'
""'
AYES:
NOES:
ABSTAIN:
Councilmembers: Alvarez, Bist, Bustamante, Christy. Garcia. Pulido.
Solorio (7)
Councilmembers: None (0)
Councilmembers: None (0)
NOT PRESENT: Councilmembers: None (0)
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 Mav 1. 2006, and that said ordinance was published
in accordance with the Charter of the City of Santa Ana.
,
Date: 6-;:; '} - tJ~
Patricia E. Healy
Clerk of the Council
-'
Ordinance No. NS-2710
Page 19 of 19
J!Q!lJX3
.
.
.
o
i
.
~
f
J
I~
I
I
I
:;t>
-.
g; ()
(f) ;:+
8,'<
00
J' 16-t-.
]~i\) ~ g>
~,~ ill ::J
o ..-4-
CD OJ
o
~)>
Q. ::J
~ OJ
o
'<