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HomeMy WebLinkAboutNS-2787 - Amending Chapter 41 of Santa Ana Municipal Code to Require New and Rehabilitation to Development Projects...ORDINANCE NO. NS-2787 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 41 OF THE SANTA ANA MUNICIPAL CODE TO REQUIRE NEW AND REHABILITATION TO DEVELOPMENT PROJECTS, OTHER THAN SINGLE FAMILY HOMES, TO PROVIDE FOR TEMPORARY, ON-SITE BICYCLE PARKING THE CITY COUNCIL OF THE CITY OF SANTA ANA ORDAINS AS FOLLOWS: SECTION 1: The City Council hereby finds, determines and declares as follows: A. The City's Zoning Code, set forth in Chapter 41 of the Sana Ana Municipal Code (the "Code") does not currently impose requirements on development projects to install temporary bicycle parking spaces for customers, visitors and guests. B. The Planning and Building Agency is proposing to amend the Code to: (1) create a definition fora "bicycle parking space," and (2) identify the number of bicycle parking spaces to be required for new or substantially rehabilitated residential and non-residential development in Santa Ana. Residential projects of four (4) units or less would be exempted. C. In addition, staff has proposed that an additional chapter be added to the Citywide Design Guidelines to address the aesthetic nature and location of bicycle support facilities, such as bicycle parking spaces, and the form of bicycle parking facilities. D. Finally, the proposed Code amendment would allow reduction of one (1) vehicular parking space or reduction of required landscaping if the necessary bicycle parking pursuant to the Design Guidelines could not be accommodated due to site constraints or esthetic considerations. E. The Planning Commission has, following a duly noticed public hearing, on May 11, 2009, recommended approval of this Ordinance. F. The City Council has held a duly noticed public hearing on this Ordinance, and has considered all testimony presented thereto. G. In accordance with the California Environmental Quality Act, this Ordinance is subject to a General Rule Exemption per Section 15303 as the project includes the addition of appurtenances to development sites. An exemption for Environmental Review No. 2009-26 will be filed for this project. H. All provisions of the Santa Ana Municipal Code which are repeated herein Ordinance No. NS-2787 Page 1 of 6 are repeated solely in order to comply with the provisions of section 418 of the Charter of the City of Santa Ana. Any such restatement of existing provisions of the Code is not intended, nor shall it be interpreted, as constituting a new action or decision of the City Council, but rather such provisions are repeated for tracking purposes only in conformance with the Charter. SECTION 3. Section 41-137.1 is added to Chapter 41 of the Santa Ana Municipal Code to read in full as follows: Sec. 41-137.1 Parking space, bicycle A bicycle parking space is a space within a public or private property, exclusive of street right-of-way, driveways, ramps, walkways, required landscape areas or work space for the temporary parking or storage of one (1) bicycle. A bicycle parking space is primarily for visitors and guests, and shall include a permanently affixed post or rack for attaching a bicycle. SECTION 4. Section 41-1307.1 is added to Chapter 41 of the Santa Ana Municipal Code to read in full as follows: Section 41-1307.1 Bicycle parking spaces All development projects (as defined by Section 41-668) shall provide short term bicycle parking on-site as follows: a. Retail and service commercial development shall provide bicycle parking at a rate of five (5) percent of the required automobile parking, but not less than four (4) bicycle spaces. b. Office, industrial and manufacturing development of greater than 15,000 gross square feet shall provide a minimum of two (2) bicycle parking spaces. c. Multifamily residences of five or more units shall provide a minimum of four (4) bicycle spaces. d. Key activity locations and public gathering uses including but not limited to theaters, recreation facilities, libraries, churches/temples, and schools shall provide a minimum of four (4) bicycle parking spaces or eight (8) bicycle parking spaces if more than 50 parking spaces are required. e. If a use conducted in a relates to the application discretion of the planning building or on a site is not clearly defined as it of this requirement, determination shall be at the manager as to the appropriate bicycle parking Ordinance No. NS-2787 Page 2 of 6 requirement as listed in subsections a through d above. Such determination may be appealed to the planning commission and city council. Any development project located within the Central Business (C3) or Central Business- Artist's Village (C3-A) shall be exempt from this section. g. To the extent practicable, the design, site planning, compatibility and lot design for on-site, short term bicycle parking shall be consistent with the City's Bicycle Support Facilities Guidelines. In those situations where said Guidelines cannot be applied due to site constraints or aesthetic considerations, in order to promote the objectives of said Guidelines and the health, safety and general welfare of the City, the Planning Director or designee may in writing authorize use of a portion of the required landscape setback, or the conversion of one required vehicular parking space for on- site, short term bicycle parking. SECTION 5. Section 41-681.1 of the Santa Ana Municipal Code is hereby amended to require provision of temporary bicycle parking such that it reads as follows (new language in bold): Sec. 41-681.1. Rehabilitation of nonresidential buildings--Sites of less than fifteen thousand square feet. Rehabilitation of any nonconforming building which is used for any nonresidential purpose and which is located on a site having less than fifteen thousand (15,000) square feet or 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 alterations being undertaken by a tenant on a site having more than one (1) 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 ten (10) per cent of the floor space of the building as it existed at the beginning of such time period, provided that the following conditions are satisfied: a. All signage on the building and the site on which it is located shall be brought into conformity with the requirements of this chapter. Ordinance No. NS-2787 Page 3 of 6 b. Off-street parking shall be provided in conformance with the requirements of this chapter. With regard to sites having more than one (1) 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. d. Bicycle parking shall be improved to bring the site on which the building is located into closer compliance with the bicycle parking 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 occurring in any five-year period exceeds ten (10) per cent but does not exceed twenty-five (25) per cent 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 more than one (1) business occupant, only the occupant undertaking the building expansion is required to achieve conformity with the applicable off-street parking requirements of this chapter. SECTION 6. Section 41-681.2 of the Santa Ana Municipal Code is hereby amended to require provision of temporary bicycle parking such that it reads as follows (new language in bold): Sec. 41-681.2. Same--Sites of fifteen thousand square feet or more. Rehabilitation of any nonconforming building which is used for any nonresidential purpose and which is located on a site having fifteen thousand (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 alterations being undertaken by a tenant on a site having more than one (1) 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. Ordinance No. NS-2787 Page 4 of 6 (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 ten (10) per cent of the floor space of the building as it existed at the beginning of such time period, provided that the following conditions are satisfied: a. All 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 (1) 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. d. Bicycle parking shall be improved to bring the site on which the building is located into closer compliance with the bicycle parking requirements of this chapter, as deemed appropriate by the planning director. SECTION 7: 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. ADOPTED this 8th day of June, 2009. / -. Z ~ /. ° ~ . ig~fel A. Puli o ayor Ordinance No. NS-2787 Page 5 of 6 APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney ;, -, Beny~min' aufman Chief Assistant City Attorney AYES: Councilmembers: Alvarez Benavides Bustamante, Martinez, Pulido Sarmiento Tinaiero (7) NOES: Councilmembers: None (0) ABSTAIN: 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 that the attached Ordinance No. NS-2787 to be the original ordinance adopted by the City Council of the City of Santa Ana on June 8, 2009 and that said ordinance was published in accordance with the Charter of the City of Santa Ana. ~--- ~ ' Date: ~v / J a Clerk of the Council City of Santa Ana Ordinance No. NS-2787 Page 6 of 6