HomeMy WebLinkAbout11B - FINAL TRANSIT ZONE ORDINANCE NO. NS-2803
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA AMENDING CHAPTER 41 OF THE SANTA
ANA MUNICIPAL CODE REGARDING TIME LIMITS FOR
SPECIFIC DEVELOPMENT PLAN, MODIFICATION OF THE
APPROVAL OF OVERLAY ZONE SITE PLANS,
NONCONFORMING USE, AND REPEALING THE C3 AND
C3-A ZONES (ZOA 2010-01)
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 changes to the zoning code are to facilitate the creation of the
Specific Development No. 84, The Transit Zoning Code. The changes
include the repeal the C3 and C3-A zones, and changes to the time limits
for specific development plans, modification of the approval process for
overlay zone site plans, and a nonconforming code clean up.
B. On May 27, 2010, the Planning Commission held a duly noticed public
hearing, and by a vote of 5:0 (Betancourt abstained, Yrarrazaval absent)
voted to recommend that the City Council:
1. Adopt a resolution certifying the Final Environmental Impact Report
No. 2006-02 prepared for the proposed Transit Zoning Code (SD
84A and 84B) and the proposed redevelopment of properties
owned by the Santa Ana Redevelopment Agency in the Station
District (collectively, the Proposed Project); adopting the Mitigation
Monitoring and Reporting Program, adopting the CEQA Facts,
Findings and a Statement of Overriding Considerations; and
approving the Proposed Project.
2. Adopt a resolution approving General Plan Amendment No. 2010-
01.
3. Adopt an ordinance approving amendments to various zoning
provisions of Santa Ana Municipal Code Chapter 41 (ZOA No.
2010-01).
4. Adopt an ordinance approving the creation of Specific Development
No. 84, approving the rezoning of properties from various zones to
Specific Development No. 84, repealing Specific Development No.
30, 37, 47 and 71, and amending the height exemption areas map
(AA No. 2005-09).
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5. Adopt a resolution approving Transit Zoning Code Architectural
Style Guidelines and Transit Zoning Code Street Network
Concepts.
C. The City Council of the City of Santa Ana held a duly noticed public hearing
on the above said actions for the Transit Zoning Code Specific Development
District (SD-84) on June 7, 2010, and at that time considered all testimony,
written and oral.
D. At the duly noticed public held on June 7, 2010, the City Council, by
resolution, certified the Final Environmental Impact Report (Final EIR) No.
2006-02 prepared for the proposed Transit Zoning Code (SD 84A and
84B) and the proposed redevelopment of properties owned by the Santa
Ana Redevelopment Agency in the Station District; was completed in
compliance with the California Environmental Quality Act (CEQA) (Public
Resources Code § 21000 et seq.), was presented to the City Council for
review and consideration, and reflects the City of Santa Ana's independent
judgment and analysis; adopted the CEQA Findings of Fact and Statement
of Overriding Considerations; and adopted the Mitigation Monitoring and
Reporting Program. At the June 7, 2010 meeting, the City Council also
adopted a resolution approving General Plan Amendment No. 2010-01; an
ordinance approving the creation of Specific Development No. 84, the
rezoning of properties from various zones to Specific Development No. 84,
repealing Specific Development No. 30, 37, 47 and 71, and amending the
height exemption areas map (AA No. 2005-09); and a resolution
approving Transit Zoning Code Architectural Style Guidelines and Transit
Zoning Code Street Network Concepts. This ordinance incorporates by
reference, as though fully set forth herein, the ordinance and resolutions
and said Final Environmental Impact Report, Mitigation Monitoring and
Reporting Program, CEQA Findings of Fact and Statement of Overriding
Considerations, and all of their respective facts, findings and conclusions
in support of this ordinance and the findings made herein.
Section 2. Section 41-12 is hereby amended to read as follows:
Sec. 41-12. Accessory structure or building.
An accessory structure or building is a detached building or structure, part
of building or structure that is incidental or subordinate to the main building,
structure or use on the same lot or parcel of land, without cooking facilities and is
used exclusively by the occupant of the main building.
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Section 3. Section 41-184 is hereby amended to read as follows:
Sec. 41-184. Districts established.
In order to carry out the purpose and provisions of this chapter, the city is
divided into the following districts:
Al General agricultural
RE Residential-estate
R1 Single-family residence
R2 Limited multiple-family residence
R3 Medium-density multiple-family residence
R4 Suburban apartment
P Professional
GC Government center
C1 Community commercial
C1-MD-Community commercial/Museum District
C2 General commercial
C4 Planned shopping center
C5 Arterial commercial
CR --Commercial residential
M1 Light industrial
M2 Heavy industrial
C-SM South Main Street commercial district
O Open space
TV Transit Village
DT Downtown
UC Urban Center
CDR Corridor
UN-2 Urban Neighborhood 2
UN-1 Urban Neighborhood 1
SP Specific plan
SD Specific development
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MO Military operations
OZ --Overlay zone
Section 4. Section 41-195.5 is hereby amended to read as follows:
Sec. 41-195.5. Temporary outdoor activities.
Notwithstanding any other provision of this chapter, the following activities
may be conducted in any C1, C1-MD, C2, C4, C5, M1, M2, CSM, GC, P, SD with
commercial use, or SP with commercial use district and are not required to be
carried on within an enclosed building, provided they are carried on in
accordance with the limitations hereinafter set forth, and provided a land use
certificate is first obtained in accordance with sections 41-675 through 41-677:
(a) Bazaars, fiestas and fund-raising events, provided the activities do
not occur on the same lot more frequently than six (6) days in any one-
year period, do not continue on the same lot for more than three (3)
successive days, do not begin earlier than 10:00 a.m. and do not continue
past 10:00 p.m. Monday through Saturday and do not begin earlier than
11:00 a.m. and do not continue past 9:00 p.m. on Sunday. Provided,
however, activities in the SD65 district and museum and science center
activities in the C1-MD district, may not occur more frequently than one (1)
time per month, do not continue on the same lot for more than three (3)
successive days and are not held more than twelve (12) times per year.
(b) Rummage sales, promotional events, sidewalk or parking lot sales,
and temporary sales booths, provided the activities do not occur on the
same lot more frequently than six (6) days in any one-year period and do
not continue on the same lot for more than two (2) successive days.
(c) Mobile library, medical and veterinary units, provided activities are not
conducted on the same lot for more than six (6) days in any one-year
period, do not begin earlier than 8:00 a.m., and do not continue past 5:00
p.m.
(d) Outdoor auctions, provided that activities are not conducted on the
same lot more frequently than four (4) days in any one-year period, do not
begin earlier than 8:00 a.m., and do not continue past 5:00 p.m.
(e) Seasonal activities for uses such as, but not limited to, fireworks
stands, pumpkin lots and Christmas tree lots, provided that pumpkin lots
do not set up more than thirty (30) days prior to Halloween and are
removed within one (1) day after Halloween, Christmas tree lots do not set
up more than thirty (30) days prior to Christmas and are removed within
one (1) day after Christmas and fireworks stands are in compliance with
Chapter 14, Article II of this Code.
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(f) Carnivals, circuses, radio or d.j. remotes and outdoor music concerts,
provided the following conditions are met:
(1) The activity is not conducted on the same lot for more than five
(5) successive days in any one-year period and may not occur
more than five (5) days in any one-year period.
(2) Hours of activities shall not begin earlier than 10:00 a.m. and
do not continue past 11:00 p.m. Monday through Saturday and do
not begin earlier than 11:00 a.m. and do not continue past 9:00
p.m. on Sunday.
(3) Off-street parking shall be provided in the manner prescribed
in Article XV of the Santa Ana Municipal Code.
(4) On-site circulation shall be maintained in a manner that will
assure efficient internal parking lot circulation. Also, lots shall
assure that vehicles need not exit on the street then re-enter the lot
to find another parking space.
(5) No equipment and/or rides may be located on the lot of such
activity for more than forty-eight (48) hours prior to opening day.
(6) All equipment and rides used for such activity must be
removed within twenty-four (24) hours of closing, day of activity.
(7) Noise sources associated with construction, dismantling of
equipment, deliveries and rides, shall be permitted provided said
activities do not take place between the hours of 8:00 p.m. and 7:00
a.m. on weekdays, Saturday or Sunday.
(8) A 30-foot setback clear of, but not limited to, equipment,
booths, stages and rides shall be maintained at all times along any
property line abutting residential uses.
(9) The activity is subject to cancellation or additional conditions if
conducted in a manner detrimental to the health, safety, or welfare
of the community as determined by authorized City of Santa Ana
representatives including police, fire, public works, or downtown
development.
(g) Activities approved with alcohol sale and/or consumption shall obtain
the appropriate license from the State Department of Alcoholic Beverage
Control ("ABC") and will be subject to the following:
(1) All cooking: equipment (grills, barbecues, etc.) must be turned
off one-half (1/2) hour before the activity closure each evening.
(2) The sale, service and consumption of alcohol shall occur only
within afenced-in area. This area shall be designated with
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appropriate signage identifying it as such and shall be approved by
the police department.
(3) The applicant shall ensure that security personnel are on duty
at all times and monitoring the fenced-in area designated for the
sale, service and consumption of alcohol. Security personnel shall
prevent people from carrying alcoholic beverages outside the
designated area noted in 41-195.5(g)(2).
(4) Advertising which indicates the availability of alcoholic
beverages shall be posted at the point of beverage dispensing only.
(5) Alcoholic beverages shall be served in distinctive cups, which
are different from those used for non-alcoholic beverages.
(6) No more than two (2) cups containing alcoholic beverages may
be sold to a customer at a time. All alcoholic beverages shall be
sold in paper or plastic cups and not in their original glass or metal
containers.
(7) The server is prohibited from selling alcoholic beverages to an
obviously intoxicated person.
(8) The server is prohibited from consuming alcoholic beverages.
(9) The sale, service and consumption of alcoholic beverages
shall cease one (1) hour prior the end of the activity.
(h) All temporary outdoor activities shall be subject to the following:
(1) The applicant must provide a minimum number of state
licensed, uniformed security guards for each day of the activity.
This minimum number is to be determined by the chief of police or
his authorized representative during the application process. These
guards shall be present from the opening of the activity until closing
and all persons have vacated the grounds. Under special
circumstances city police officers may be required in addition to the
security guards. The applicant will bear the cost of the police
officers.
(2) Security guards must carry a cellular phone.
(3) All personnel serving as security guards must wear attire such
as a jacket, shirt, vest, etc., that clearly identifies them as security.
(4) All security personnel shall have equipment enabling two-way
communication with other security personnel.
(5) The applicant shall be required to pay for any additional police
services that may result from the activity.
(6) Noise levels generated by the activity must remain under
specified S.A.M.C. levels.
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(7) The sale of tickets must cease thirty (30) minutes prior to the
closure of the activity daily.
Section 5. Section 41-198.200 is hereby amended to read as follows:
Sec. 41-198.200. Cyber cafes.
Notwithstanding any other provisions of this chapter, cyber cafes may be
conducted in any C1, C2, C4, and C5 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. Cyber cafes shall not be permitted in a special districts or a
specific plan unless explicitly set forth as a permissible use.
Section 6. Section 41-199 is hereby amended to read as follows:
Sec. 41-199. Laundromats.
Laundromats may be permitted in the C1, C2, 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) Minors (under eighteen (18) years of age) shall not be permitted to
enter or remain in a cyber cafe during the following periods unless
accompanied by a parent or legal guardian:
(1) Between 8:00 a.m. and 3:00 p.m., or after 10:00 p.m. on
Monday through Friday of each week;
(2) Saturday and Sunday after 10:00 p.m.
(3) The above weekday daytime hours of restriction shall not apply
to vacation days or school holidays as established by any public
school district or private school, kindergarten through twelfth grade,
operating within the city.
(4) Notice of these hours of restriction for minors shall be posted
at the entrance in lettering of at least two (2) inches in size.
(b) The cyber cafe shall not be open to customers, patrons or any
member of the public between the hours of 12:00 a.m. to 7:00 a.m.
(c) "No loitering" signs shall be posted at the front and rear of the
business. In addition, a waiting area with not less than eight (8) seats shall
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be provided for customers waiting to use a computer. No outside waiting
or seating area is permitted.
(d) No person shall be permitted to consume alcohol on the premises.
(e) Employees shall be at least twenty-one (21) years of age. There shall
be a minimum of one (1) employee managing the cyber cafe during all
working hours. If the business has more than thirty (30) computers, the
business is required to add one additional employee for every additional
thirty (30) computers, or portion thereof, and for every thirty (30)
computers thereafter, or any portion thereof. During each employee's
working hours, the employee shall wear a badge identifying the business
and the employee's full name.
(f) Occupancy shall not exceed that required under the uniform building
code and uniform fire code, and the maximum occupancy load shall be
posted at the main entrance.
(g) The establishment shall maintain and operate acamera/video
surveillance system with recording capability during all business hours.
The system shall cover the entire interior of the premises and all
entrances to and exits from the establishment. The camera/video
surveillance system shall be capable of delineating on playback of the
system the activity and physical features of persons or areas within the
premises.
(1) Tapes/disks shall be kept a minimum of seventy-two (72)
hours.
(2) The business owner shall permit the city to inspect the
tapes/disks during business hours. The system shall be maintained
in good working order, including the running of the tape/disks.
(3) A sign shall be posted inside and at the entrance to the
establishment indicating that the premises are under camera/video
surveillance.
(h) The business owner shall submit and receive approval of a fire exit
plan from the city's fire department. The plan shall address all existing
requirements of the uniform building code and uniform fire code. This
includes, but is not limited to, providing an exiting plan showing equipment
location, aisle locations and dimensioned widths, and having approved
exit doors and panic hardware.
(i) Any adult entertainment business is prohibited unless specifically
approved pursuant to the requirements of Chapter 41, Article XVII of this
code.
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Q) Window areas shall not be covered or made opaque in any way. All
windows and entrances must be unobstructed at all times so as to allow
an unimpaired line of sight by a police officer.
(k) The business operator, at his/her expense shall provide a California
licensed uniform security guard on the premises Monday through Friday
between 4:00 p.m. and closing, and Saturday through Sunday between
12:00 p.m. and closing.
(1) The chief of police is authorized to require a specific
owner/operator to provide a security guard(s) on the premises at
other hours of the day in the event that there are significant calls for
service relating to assaults, gang related activity, weapons
offenses, disturbances, and juvenile related crime, including
truancy, or other good cause.
(2) Any decision of the chief of police may be appealed to the city
council. Any appeal shall be made within ten (10) calendar days
following the date of the decision by the chief of police. Further,
such appeal period shall end at 5:00 p.m. on the tenth calendar day
following such date of the written decision by the chief of police. If
such tenth calendar day ends on a Saturday, Sunday or holiday,
the ten-day period shall end at 5:00 p.m. on the next regular
business day.
(3) All appeals shall be in writing and on forms provided by the
planning department and shall specify wherein there was any error
of decision or requirement by the chief of police. Furthermore, a
copy of such appeal shall be filed with the planning department and
the clerk of the council.
(4) Upon receipt of such appeal, the planning department shall set
the matter for hearing by the city council.
(5) The city council may, after public hearing, affirm, reverse,
change, or modify the original decision and may make any
additional determination it shall consider appropriate within the
limitations imposed by this chapter. Such decision shall be filed with
the clerk of the council, and the planning department; one (1) copy
thereof shall be sent to the applicant.
(I) Lighting levels on the premises within sixty (60) feet of the use and in
all required parking areas shall be maintained at a minimum 1 footcandle
of light. Interior lighting shall be at maintained at a minimum of thirty (30)
footcandles of light.
(m) No exterior pay phones shall be permitted.
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(n) No pool tables or other amusement devices not directly related to
Internet computer devices shall be permitted.
(o) No gaming tournaments for cash prizes shall be permitted.
Section 7. Section 41-199.1 is hereby amended to read as follows:
Sec. 41-199.1. Banquet facilities.
Banquet facilities may be permitted in the P, C1, C1-MD, C-SM, C2, C4,
C5, CR zoning districts and in any specific plan or specific development zoning
district wherever restaurants and eating establishments are permitted, as a
primary and ancillary use, subject to the issuance of a conditional use permit.
Banquet facilities may be permitted in the M1 and M2 zoning districts as an
ancillary use to restaurants and eating establishments, subject to the issuance of
a conditional use permit. Banquet facilities shall comply with the following
development and operational standards:
(a) All banquet facilities require a kitchen facility, including but not limited
to, an oven, stove, refrigeration, freezer, exhaust hood, grease receptor,
cutting and preparation areas, dishwashing area or machine, employee
sink and mop, and appropriate counter/service facilities.
(b) All banquet facilities require sanitation facilities in compliance with the
California Building Code building standards.
(c) Whenever there is entertainment with or without alcohol, the banquet
facility shall provide a uniformed state licensed security guard, as
approved by the chief of police, at the rate of one (1) guard/one hundred
(100) attendees, with a minimum of one (1) security guard, or other
security measures as approved by the chief of police. The guards shall be
present until all attendees have left the premises.
(d) All banquet facilities shall provide exterior lighting in compliance with
police department requirements.
As used herein, a banquet facility is a facility available for rental and used
for the purpose of meetings, parties, ceremonious gatherings, dining or
entertainment. For the purposes of this definition, the term rental shall mean to
obtain the possession and use of a facility, or a portion of a facility, on a short
term, hourly or daily basis where occupancy is closed to the general public in
exchange for monetary or other form of compensation.
Section 8. Article III. Division 14 is hereby repealed in its entirety.
Section 9. Article III. Division 14.5 is hereby repealed in its entirety.
Section 10. Section 41-593.8 is hereby amended to read as follows:
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Sec. 41-593.8 Specific development plan approval time limits and
extensions.
The specific development plan shall not be deemed valid until all of the
conditions as approved by the zoning administrator, planning commission, or city
council have been complied with and released by the planning manager. The
specific development plan approved in accordance with the procedures and
considerations as provided in this division shall automatically become void after
one (1) year from the effective date of such approval when the owner fails to
institute an action to erect, build, alter, move or maintain the use of the property
as specified in the terms and conditions of the specific development plan.
However, at the initial hearing of the zoning administrator, planning commission
or city council may provide, by appropriate conditional approval, for extensions of
time beyond the two-year period. Furthermore, the city council by may, by
resolutions, extend the date on which a specific development plan becomes void
for a period or periods not exceeding three (3) years in total beyond the date it
would otherwise become void.
Section 11. Section 41-595.2 is hereby amended to read as follows:
Sec. 41-595.2. Uses permitted and development standards "OZ" suffix.
When the "OZ" symbol is applied as a suffix in combination with the
district symbol, the overlay zone regulations are intended to apply only to
those proposed uses which are permitted or conditionally permitted in the
overlay zone to which the suffix is combined. In any case where the
development project does not choose to adhere to the overlay zone, the
standards and regulations of the underlying zoning district shall apply.
Section 12. Section 41-595.5 is hereby amended to read as follows:
Sec. 41-595.5. Approval of overlay zone site plans.
No permit for a building or structure shall be issued for any property
subject to the provisions of this division until the following requirements
have been met:
(a) If the property is within a zoning district classification combined with
an OZ suffix and the applicant wants to apply the overlay zone, the
applicant must obtain for said property an overlay zone site plan
review permitting use of the property in accordance with an overlay
zone plan.
(1) Said site plan review permit shall be approved, conditionally
approved, or denied by the Planning Commission in accordance
with the provisions of article V of this chapter applicable to a
conditional use permit.
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(2) After the City Council has completed the review of the written
finding of fact of the planning commission pursuant to section 41-
642, the property shall be subject to the standards and regulations
of the overlay zone and any overlay zone site plan review
conditions of approval.
(3) All development shall be in compliance with all conditions of
approval prior to issuance of a utility release by the executive
director of the planning and building agency.
(4) Upon the issuance of the utility release or the Certificate of
Occupancy, whichever comes first, the Executive Director of
Planning and Building shall amend the sectional district map to
reflect the overlay zone as the sole zone on the property.
(b) If the property is within an OZ district, the overlay zone plan must
be adopted by ordinance of the city. Such ordinance, in addition to
adopting the overlay zone site plan, shall specify the uses permitted
on such property, together with any restrictions or conditions
pertaining to such uses.
(c) If an overlay zone site plan of the type specified in subparagraph
(2) of section 41-595.3(a) as consisting of standards and
regulations is approved, the applicant must thereafter prepare plans
and drawings as specified in paragraph (1) of said section in
conformity with such overlay zone plan and obtain approval thereof
by resolution of the planning commission after review and
recommendations by the planning manager. No building permit or
utility release shall be issued except for development in accordance
with such approved plans and drawings.
Section 13. Section 41-610.5 is hereby amended to read as follows:
Sec. 41-610.5. Wall and fence requirements in the industrial and
commercial zones.
(a) In the industrial and commercial zones walls and fences shall n
of
exceedt
en (10) feet in height, and shall not exceed four (4) feet in height where
the wall or fence extends into the required front yard or any required landscaped
area.
(b) On any lot in a C1, C2, C4, or C5 district, a concrete block wall not
less than five (5) feet in height shall be erected along any property line
contiguous to any residentially zoned property, except that such wall shall not
exceed the height limitations prescribed in subsection (a) of this section. This
requirement may be waived by the planning commission upon a finding that the
abutting property is in a period of transition to nonresidential use, or that, due to
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special circumstances, the wall would not promote the public health, safety, or
welfare.
(c) Barbed wire is not permitted as part of a wall or fence except as
follows:
(1) In the M1, M2 and LM districts: barbed wire is permitted subject
only to the restrictions set forth hereinafter.
(2) In the C1, C2, C4 and CM districts: barbed wire is permitted only in
a rear year or side yard which is not viewable from a public street
and is subject to the restrictions set forth hereinafter.
(3) Barbed wire may not be used above the height limitations set forth
in subsection (a) of this section.
(4) Barbed wire may not be used as part of any wall or fence which is
adjacent to property used for residential purposes or to property
which is used as a school, church, park, or youth center.
Section 14. Section 41-622 is hereby amended to read as follows:
Sec. 41-622. Mechanical equipment or appurtenances: Regulations.
All mechanical equipment or appurtenances located on the roof or on the
exterior of a building shall be screened.
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.
Section 15. Section 41-629 is hereby amended to read as follows:
Sec. 41-629. Zoning administrator; administrative functions.
The zoning administrator may, as a part of his administrative function,
authorize:
(1) The temporary use of trailers for office space which are utilized in
conjunction with any permitted use in the P, , C1, C2, , C4 and C5
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districts for a period of time not exceeding two (2) years from the
date of approval; provided said determination shall be in writing and
show that the temporary office use is in harmony with the purpose
and intent of this chapter.
(2) The construction of open buildings in the C1, C2, and C5 districts;
provided said determination shall be in writing and show that the
open buildings are not detrimental to the surrounding area and the
open portions of the structures are not visible from adjacent
properties or public streets.
However, the planning director may determine that a variance is necessary when
a proposed temporary office trailer or an open building is so located as to be of
importance to the adjoining property owners or to be in conflict with the orderly
development of the area.
Section 16. Section 41-685 is hereby amended to read as follows:
Sec. 41-685. Change of a nonconforming use.
(a) The conversion of a residence in any commercial or industrial district to a
use permitted in that district shall conform in every respect to all requirements
and conditions set forth for such new use by this chapter.
(b) Except as specified in section 41-685.5, a commercial use in the M1 or M2
district which is a nonconforming use by reason of the absence of a conditional
use permit may be changed to another commercial use without the necessity of
obtaining a conditional use permit.
Section 17. Article XI Division 7 is hereby repealed in its entirety.
Section 18. Section 41-1307.1 is hereby amended to read as follows:
Sec. 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.
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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 building or on a site is not clearly defined as it
relates to the application of this requirement, determination shah be at the
discretion of the planning manager as to the appropriate bicycle parking
requirement as listed in subsections a through d above. Such
determination may be appealed to the planning commission and city
council.
f. 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 19. This Ordinance shall take effect thirty (30) days after its adoption
by the City Council; provided however, that if Ordinance No. NS-2804, is for any reason
held to be invalid or unconstitutional by the decision of any court of competent
jurisdiction, or otherwise do not go into effect for any reason, then this ordinance shall
be null and void and have no further force and effect.
Section 20. If any section, subsection, sentence, clause, phrase or portion of
this ordinance is for any reason held to be invalid or unconstitutional by the decision of
any court of competent jurisdiction, such decision shall not affect the validity of the
remaining portions of this ordinance. The City Council of the City of Santa Ana hereby
declares that it would have adopted this ordinance and each section, subsection,
sentence, clause, phrase or portion thereof irrespective of the fact that any one or more
sections, subsections, sentences, clauses, phrases, or portions be declared invalid or
unconstitutional.
Section 21. The city clerk shall certify to the adoption of this ordinance and
cause the same to be published in the manner prescribed by law.
Ordinance No. NS-2803
Page 15 of 16
11 B-15
ADOPTED this day of June, 2010.
Carlos Bustamante
Chairman'
APPROVED AS TO FORM:
By:
Joseph W. Fletcher
City Attorney
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached
Ordinance No. NS-2803 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
Councilmember Bustamante appointed as meeting chairman pursuant to SAMC 2-101 due to
unavailability of Mayor and Mayor Pro Tem.
Ordinance No. NS-2803
Page 16 of 16
11 B-16
KO-06/03/10
ORDINANCE NO. NS-2804
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA ADOPTING TRANSIT ZONING CODE
SPECIFIC DEVELOPMENT DISTRICT (SD-84); ADOPTING
THE M1 OVERLAY ZONE; ADOPTING THE M2 OVERLAY
ZONE; REZONING THE PROPERTY LOCATED AT
CERTAIN REAL PROPERTY IN THE CENTRAL URBAN
CORE OF SANTA ANA FROM VARIOUS ZONES TO
TRANSIT ZONING CODE SPECIFIC DEVELOPMENT
DISTRICT (SD-84), M1 OVERLAY ZONE AND M2 OVERLAY
ZONE; AND REPEALING SPECIFIC DEVELOPMENT NOS.
30, 37, 47, 71 AND AMENDING THE HEIGHT EXEMPTION
AREAS MAP (AA NO. 2005-09)
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana does hereby find, determine
and declare as follows:
A. On May 27, 2010, the Planning Commission held a duly noticed public
hearing, and by a vote of 5:0 (Betancourt abstained, Yrarrazaval absent)
voted to recommend that the City Council:
1. Adopt a resolution certifying the Final Environmental Impact Report
No. 2006-02 prepared for the proposed Transit Zoning Code (SD
84A and 84B) and the proposed redevelopment of properties
owned by the Santa Ana Redevelopment Agency in the Station
District (collectively, the Proposed Project); adopting the Mitigation
Monitoring and Reporting Program, adopting the CEQA Facts,
Findings and a Statement of Overriding Considerations; and
approving the Proposed Project.
2. Adopt a resolution approving General Plan Amendment No. 2010-
01.
3. Adopt an ordinance approving amendments to various zoning
provisions of Santa Ana Municipal Code Chapter 41 (ZOA No. '
2010-01).
4. Adopt an ordinance approving the creation of Specific Development
No. 84, approving the rezoning of properties from various zones to
Specific Development No. 84, repealing Specific Development No.
30, 37, 47 and 71, and amending the height exemption areas map
(AA No. 2005-09).
Ordinance No. NS-XXX
Page 1 of 11
11 B-17
5. Adopt a resolution approving Transit Zoning Code Architectural
Style Guidelines and Transit Zoning Code Street Network
Concepts.
B. The City Council of the City of Santa Ana held a duly noticed public hearing
on the above said actions for the Transit Zoning Code Specific Development
District (SD-84) on June 7, 2010, and at that time considered all testimony,
written and oral.
C. Amendment Application No. 2005-09 has been filed with the City of Santa
Ana to change the zoning district designation of certain real property located
in the central urban core of Santa Ana and comprises over 100 blocks and
450 acres. The area is generally bounded by First Street, Flower Street,
Civic Center Drive, Grand Avenue and Interstate 5 (I-5) and includes the
Civic Center, Downtown, the Logan and Lacy neighborhoods, the First
Street commercial corridor, and industrial areas surrounding the Santa Ana
Regional Transportation Center (SARTC).
D. The Transit Zoning Code (SD-84) will establish separate zones that range
from transit-oriented compact development to less intense, neighborhood-
serving development with a mixture of land uses within them. SD-84 allows
for greater flexibility of parking provision by using the concept of shared
parking for non-residential uses and establishes parking ratios by district
with less emphasis on establishing parking by use. Additionally, SD-84
establishes detailed development standards for building and parking
location, building massing and open space, and regulates building
architecture through standards and guidelines.
E. The City Council has weighed and balanced the general plan's policies and
has determined that based upon this balancing that Amendment Application
No. 2005-09 is consistent with the purpose of the General Plan, including
but not limited to its goals and policies to:
1. Promote the balance of land uses to address basic community
needs. Land Use Element Goal No. 1.0.
2. Promote medium density housing in and around the downtown area.
Land Use Element Policy 1.1.
3. Support high density residential development within the City's District
Centers as a part of a mixed use development. Land Use Element
Policy 1.2.
4. Support "live/work" opportunities within specifically defined areas.
Land Use Element Policy 1.6.
5. Promote land uses which enhance the City's economic and fiscal
viability. Land Use Element Goal No. 2.0.
6. Support commercial land uses in adequate amounts to accommodate
the City's needs for goods and services. Land Use Element Policy
2.2.
Ordinance No. NS-XXX
Page 2 of 11
11 B-18
7. Support pedestrian access between commercial uses and residential
neighborhoods which are in close proximity. Land Use Element
Policy 2.4.
8. Encourage the creation of new employment opportunities in
developments which are compatible with surrounding land uses, and
provide a net community benefit. Land Use Element Policy 2.6.
9. Support projects that contribute to the redevelopment and
revitalization of the central city urban areas. Land Use Policy No. 2.7.
10. Support developments that create a business environment that is
safe and attractive. Land Use Element Policy No. 2.9.
11. Protect and enhance development sites and districts which are
unique community assets that enhance the quality of life. Land Use
Element Goal No. 4.0.
12. Support land uses which provide community and regional economic
and service benefits. Land Use Element Policy No. 4.3.
13. Encourage the development of projects which promote the City's
image as a regional activity center. Land Use Element Policy No.
4.4.
14. Encourage development of employment centers and mixed use
projects within targeted areas adjacent to major arterial roadways,
transit and freeway corridors. Land Use Element Policy No. 4.5.
15. Improve the physical appearance of the City through development
of districts that project a sense of place, positive community image,
and quality development. Urban Design Element Goal 1.0.
F. The City Council also adopts as findings all facts presented in the Request
for Council Action dated June 7, 2010 accompanying this matter.
G. For these reasons, and each of them, Amendment Application No. 2005-09
is hereby found and determined to be consistent with the General Plan of
the City of Santa Ana and otherwise justified by the public necessity,
convenience, and general welfare.
H. At the duly noticed public held on June 7, 2010, the City Council, by
resolution, certified that the Final Environmental Impact Report (Final EIR)
No. 2006-02, prepared for the proposed Transit Zoning Code (SD 84A and
84B) and the proposed redevelopment of properties owned by the Santa
Ana Redevelopment Agency in the Station District was completed in
compliance with the California Environmental Quality Act (CEQA) (Public
Resources Code § 21000 et seq.), was presented to the City Council for
review and consideration, and reflects the City of Santa Ana's independent
judgment and analysis; adopted the CEQA Findings of Fact and Statement
of Overriding Considerations; and adopted the Mitigation Monitoring and
Reporting Program. At the June 7, 2010 meeting, the City Council also
adopted a resolution amending the City's general plan (GPA No. 2010-01),
Ordinance No. NS-XXX
Page 3 of 11
11 B-19
adopted an ordinance approving amendments to various zoning provisions
of Santa Ana Municipal Code Chapter 41 (ZOA No. 2010-01), and adopted
a resolution approving Transit Zoning Code Architectural Style Guidelines
and Transit Zoning Code Street Network Concepts. This ordinance
incorporates by reference, as though fully set forth herein, the ordinance,
resolutions and the Final Environmental Impact Report, Mitigation Monitoring
and Reporting Program, CEQA Findings of Fact and Statement of
Overriding Considerations, and all of their respective findings and
conclusions in support of this ordinance.
Section 2. The City Council hereby directs the creation of Article XIX within
Santa Ana Municipal Code Chapter 41. The City Council further directs that the following
sections from The Specific Development District (SD-84), Transit Zoning Code which
came before the City Council on June 7, 2010 and is on file with the Clerk of the Council
shall be adopted and incorporated within Article XIX as though fully set forth herein:
Santa Ana Municipal Code Section Page number in Transit Zoning Code
numbers
Division 1. Pages 1:3 through 1:6
Sections 41-2000 through 41-2005
Division 2. Pages 2:1 through 2:4
Sections 41-2006 through 41-2008
Division 3. Pages 3:3 though 3:8
Sections 41-2010 though 41-2015
Division 4. Pages 4:1 through 4:35
Sections 41-2020 through 41-41-
2040
Division 5. Pages 5:1 through 5:8
Sections 41-2050 through 41-2064 ~
Division 7 Pages 7:1 though 7:4
Sections 41-2080
The City Council hereby directs and authorizes the Clerk of the Council to make
any formatting changes to the numbering to make the new code sections consistent with
Chapter 41. The City Council further authorizes the Clerk of the Council to create
identification numbers and cross-reference said identification numbers within the text for
the diagrams contained in Division 3. It is the City Council's intent that said diagrams be
contained within the Santa Ana Municipal Code.
Section 3. The City Council hereby adopts the M1 Overlay Zone and M2 Overlay
Ordinance No. NS-XXX
Page 4 of 11
11 B-20
Zone as set forth in Specific Development No. 84, Transit Zoning Code on file with the
Clerk of the Council.
Section 4. The real property within the Transit Zoning Code, generally bounded
by First Street, Flower Street, Civic Center Drive, Grand Avenue and Interstate 5 (I-5) and
includes the Civic Center, Downtown, the Logan and Lacy neighborhoods, the First Street
commercial corridor, and industrial areas surrounding the Santa Ana Regional
Transportation Center (SARTC) is hereby reclassified from various zones to Specific
Development District No. 84 (SD-84), M1 Overlay Zone and M2 Overlay Zone.
Amended Sectional District Map numbers 7-5-9 and 12-5-10 showing the above described
changes in use district designation, are hereby approved and attached hereto as Exhibit
"A" and incorporated by this reference as though fully set forth herein. (AA No. 2005-09).
Section 5. The City Council hereby amends and adopts the Height Exemption
Areas Map attached hereto as Exhibit "B" and incorporated by this reference as though
fully set forth herein.
Section 6. Specific Development No. 30 is hereby repealed in its entirety.
Section 7. Specific Development No. 37 is hereby repealed in its entirety.
Section 8 Specific Development No. 47 is hereby repealed in its entirety.
Section 9. Specific Development No. 71 is hereby repealed in its entirety.
Section 10. 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 day of , 2010.
Carlos Bustamante
Chairman'
APPROVED AS TO FORM:
By:
Joseph W. Fletcher
City Attorney
Councilmember Bustamante appointed as meeting chairman pursuant to SAMC 2-101 due to
unavailability of Mayor and Mayor Pro Tem.
Ordinance No. NS-XXX
Page 5 of 11
11 B-21
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached
Ordinance No. NS- 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
Ordinance No. NS-XXX
Page 6 of 11
11 B-22
Exhibit A
Sectional District Map
Ordinance No. NS-XXX
Page 7 of 11
11 B-23
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~ ~ ~ ~ ~
- - PREPARED BY THE PLANNING DIVISION CITY OF SANTA ANA, CALIFORNIA
REVISED 5/17/10
11 B-25
Exhibit B
Height Map
Ordinance No. NS-XXX
Page 10 of 11
11 B-26
3
HEIGHT EXEMPTION AREAS
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- Adopted by City Council 12-2-85
- Amended May 2010
Ordinance No. NS-XXX
Page 11 of 11
11 B-27
i
11 B-28