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HomeMy WebLinkAbout75A - PH - ZOA 2016-03REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 18, 2017 TITLE: PUBLIC HEARING — ZONING ORDINANCE AMENDMENT NO. 2016 -03 TO AMEND CERTAIN SECTIONS OF CHAPTER 41 OF THE SANTA ANA MUNICIPAL CODE — CITY OF SANTA ANA, APPLICANT (STRATEGIC PLAN NO. 3, 2) C Y MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: r1:7 161F /AW ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Adopt an ordinance approving Zoning Ordinance Amendment No. 2016 -03. PLANNING COMMISSION ACTION At its regular meeting on March 13, 2017, by a vote of 6:0 (Mendoza absent), the Planning Commission recommended that the City Council adopt an ordinance approving Zoning Ordinance Amendment No. 2016 -03 to amend various sections of Chapter 41 of the Santa Ana Municipal Code (SAMC) pertaining to two - family residences, site plan review, development project approval, off - street parking and other administrative items. The Planning Commission made no changes to the modifications outlined in the attached staff report (Exhibit A). DESCRIPTION Staff is proposing to amend several sections of Chapter 41 of the SAMC to streamline certain permit processes, clarify and revise certain standards, comply with changes in state and federal laws, and respond to current economic trends. The following provides a brief summary of the recommended solutions to the eight key areas of concerns identified by the Planning Division staff and the public: 1. Wireless Facilities Sec. 41- 198.13 - Currently, conditional use permits for wireless facilities that are valid for five years. The amendment increases the time period to ten years in compliance with determinations made by the Federal Communication Commission (FCC). 2. Two - Family Residence (R -2) Section 41 -246 - In the R -2 zoning district, single - family residences are permitted by right, subject to compliance with the General Agricultural (A -1) developments standards. In other districts, single - family homes must meet the R -1 district 75A -1 Zoning Ordinance Amendment No. 2016 -03 — Amending Certain Sections of Chapter 41 of the Santa Ana Municipal Code April 18, 2017 Page 2 standards. The amendment changes standards for single family -homes in the R -2 zoning district from A -1 to R -1 in order to provide consistent development standards for single - family residences in other residential zones. 3. Specific Development (SD) Site Plan Review Sec. 41 -593.4 - Site plan review approval by the Planning Commission is required for development projects proposed within any specific development (SD) district. The proposed amendment will allow future changes to projects with an SD zone to be approved by staff (consistent with the intent of the SD zone) instead of the Planning Commission. 4. Minor Exceptions for Parking Sec. 41 -593.5 - Minor Exceptions to allow reductions in parking are limited to shared parking proposals, non - integrated parking, and tandem parking subject to review and approval by the Zoning Administrator. The proposed amendment will give the Planning Manager authority to approve or disapprove minor exceptions, as defined in the Code, for parking. 5. Planning Commission Approval Authority of Discretionary Actions Sec. 41 -638.1 and 41 -639 - The Planning Commission holds public hearings and makes a determination to approve or deny variances, conditional use permits and minor exceptions. Decisions made by the Planning Commission are then placed on the City Council's consent calendar for confirmation. The proposed change will streamline the development process by making all decisions made by the Planning Commission final. Parties aggrieved by the Planning Commission's determination have the ability to appeal the decision to the City Council. Further, if the Council is dissatisfied with the action of the Planning Commission or is of the opinion that the matter is of such magnitude as to be of special interest to the people of the City of Santa Ana it may, by majority vote, set the matter for a public hearing to be held at a regular or adjourned meeting with public notification made by the Planning Division as was required for the initial hearing. 6. Development Project Plan Approval Sec. 41 -668 and Sec. 41 -669 - Development project review is required for the construction of any new building or buildings, or additions to any existing building or buildings, of 500 square feet or more, or if the cost exceeds $50,000.00. The amendment increases the threshold from 500 square feet to 2,500 square feet, which will substantially expedite the development process for smaller projects and reduce the cost for development processing. 7. Change of Use Exception Sec. 41 -1309 and 41- 1309.1 - The proposed change of use exception will allow the change of certain uses within an existing building up to 2,500 square feet in size without the need to provide additional parking and loading spaces. 8. Parking Standards Sec. 41 -1341 thru 1411 - The current parking standards are outdated and do not reflect the urban setting of Orange County today. This proposed adjustment will 75A -2 Zoning Ordinance Amendment No. 2016 -03 — Amending Certain Sections of Chapter 41 of the Santa Ana Municipal Code April 18, 2017 Page 3 ensure that parking standards do not create an economic disadvantage in attracting development to the city. Uses Existing Requirement in spaces per 1,000 sf of floor area Proposed Requirement ins aces per 1,000 sf of floor area) Restaurant 10 spaces 8 spaces Medical Office 6 spaces 5 spaces Exercise Gyms 35 spaces 5.5 spaces Churches 28.5 spaces 20 spaces Staff recommends adopting an ordinance approving Zoning Ordinance Amendment No. 2016 -03. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #3 - Economic Development, Objective #2 (create new opportunities for business /job growth and encourage private development through new General Plan and Zoning Ordinance policies). FISCAL IMPACT There is no fiscal impact associated with this action. Hassan Hagha i, AIC Executive Director Planning & Building Agency AN:rb an \PIanCom m2 \ZOA2018- 03,=041817 Exhibit: A. Planning Commission Staff Report B. Ordinance 75A -3 75A -4 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: MARCH 13, 2017 TITLE: PUBLIC HEARING — FILED BY THE CITY OF SANTA ANA FOR ZONING ORDINANCE AMENDMENT NO. 2016.03 TO AMEND CERTAIN SECTIONS OF CHAPTER 41 OF THE SANTA ANA MUNICIPAL CODE (STRATEGIC PLAN NO. 3,2) Prepared by Ann Hsin -An NI Executive Director Wx4o]a11a,[A,1-1] 4 rmelw'I PLANNING COMMISSION SECRETARY APPROVED • As Recommended • As Amended • Set Public Hearing For DENIED • Appiicanfs Request • Staff Recommendation CONTINUED TO agage Recommend that the City Council adopt an ordinance approving Zoning Ordinance Amendment No. 2016 -03 to revise certain sections of Chapter 41 (Zoning) of the Santa Ana Municipal Code (SAMC). Request of the Applicant Staff is proposing to amend several sections of Chapter 41 of the SAMC to streamline certain permit processes, clarify and revise certain standards, comply with changes in state and federal laws, and respond to current economic trends. Specifically, staff is requesting amendments to Chapter 41 including Section 41- 198.13 (wireless facilities), Section 41 -246 (R- 2/Two- Family Residence), Section 41 -593.4 and 41 -593.5 (Specific Development/SD site plan review), Section 41 -638.1 (minor exception), Section 41 -639 (Planning Commission to make findings of fact), Sections 41 -668 through 41 -669 (development project approval), and Sections 41 -1309 through 41 -1411 (parking standards). , Various sections within Chapter 41 of the Santa Ana Municipal Code (Zoning) have been revised periodically over the last several years to respond to changes in development, to adopt new permitting procedures, and to comply with changes to state and federal laws. in a continuing effort to establish high - quality development standards and to create a user friendly environment for residents and the business community within the city, the Planning Division is proposing revisions to various sections of the Zoning Code. After a thorough analysis of the current code requirements in the city, staff identified a number of code amendments and additions that are necessary to ensure clear, uniform, predictable, and legally consistent regulations. The proposed changes and additions will enable the City to implement a regulatory framework that both protects the health, safety, and welfare of the city and limits undue strain on home owners, business operators and developers. EXHIBIT A 75A -5 Zoning Ordinance Amendment No. 2016 -03 March 13, 2017 Page 2 Prolect Analysis Staff is proposing several amendments to Chapter 41 of the SAMC. The amendments identified below are the first of several amendments that will be made to the Code until the General Plan update is completed and a comprehensive Zoning Code update commences. The following sub - sections detail the proposed modifications to the Zoning Code. The following provides a brief summary of the recommended solutions to the eight key areas of concerns identified by the Planning Division staff and the public: Wireless Facilities Sec. 41- 198.13. The current City wireless ordinance requires a conditional use permit for major wireless facilities that is valid for a period of five years. The proposed amendment will increase the time period from five years to 10 years to be in compliance with determinations made by the Federal Communication Commission (FCC). 2. Two - Family Residence (R -2) Section 41 -246. In the Two - Family Residence zoning district, single- family residences are permitted by right, subject to compliance with the General Agricultural (A -1) developments standards. In other districts, single- family homes must meet the R -1 (Single - Family Residence) district standards. The proposed amendment will change standards for single family -homes in the R -2 zoning district from A -1 (General Agricultural) to R -1 (Single - Family Residence) in order to provide consistent development standards for single - family residences in various residential zones. 3. Specific Development (SD) Site Plan Review Sec. 41 -593.4 Site plan review approval by the Planning Commission is required for development projects proposed within any specific development (SD) district. The proposed amendment will allow future changes to projects with an SD zone to be approved by staff (consistent with the intent of the SD zone) instead of the Planning Commission. 4. Minor Exceptions for Parking Sec. 41- 593.5. Minor Exceptions to allow reductions in parking are limited to shared parking proposals, non- integrated parking, and tandem parking subject to review and approval by the Zoning Administrator. The proposed amendment will give the Planning Manager authority to approve or disapprove minor exceptions, as defined in the Code, for parking. 75A -6 Zoning Ordinance Amendment No. 2016 -03 March 13, 2017 Page 3 5. Planning Commission Approval Authority on Discretionary Actions Sec. 41- 638.1. and Sec. 41 -639. The Planning Commission holds public hearings and makes a determination to approve or deny variances, conditional use permits and minor exceptions. Decisions made by the Planning Commission are then placed on the City Council's consent calendar for confirmation. The proposed change will streamline the development process by making all decisions made by the Planning Commission final. Parties aggrieved by the Planning Commission's determination will have the ability to appeal the decision to the City Council. 6. Development Project Plan Approval Sec. 41 -668 and Sec. 41 -669, Development project (site plan) review is required for the construction of any new building or buildings, or additions to any existing building or buildings, of 500 square feet or more, or if the cost exceeds $50,000.00. The proposed change will increase the threshold from 500 square feet to 2,500 square feet, which will substantially expedite the development process for smaller projects and reduce the cost for development processing. Based on a review of development projects submitted in the past two years, this change will result in a reduction of 10 percent of the total number of projects submitted into the development project review process. The 2,500 - square -foot threshold will also be consistent with the threshold proposed for parking reductions and landscaping plan review. 7. Change of Use Exception Sec. 41 -1309 and 41- 1309.1. The proposed change of use exception will allow the change of certain uses within an existing building up to 2,500 square feet in size without the need to provide additional parking and loading spaces. For example, a tenant space may change from retail (5 spaces per 1,000 gross square feet) to a restaurant use (10 spaces per 1,000 gross square feet) without providing additional parking. The proposed amendment will allow an easier transition when change of use occurs in the commercial, professional and industrial zoning districts. 8. Parking Standards Sec, 41 -1341 thru 1411 The current parking standards were adopted in the early 1990's based on a nationwide parking demand analysis conducted by the ULI (Urban Land Institute). These standards are outdated and do not reflect the current urban setting of Orange County. A recent staff survey of various cities, including Anaheim, Glendale, Long Beach, Sacramento and Santa Monica, noted that the City's parking standards were higher in some categories, with a reduction necessary to be more aligned with current parking trends (Table 1). This proposed adjustment will ensure that Santa Ana is consistent with current standards and the parking standards will not create an economic disadvantage in attracting necessary new development to the city. 75A -7 Zoning Ordinance Amendment No, 2016 -03 March 13, 2017 Page 4 Table 1 The proposed reduction of parking requirement for the following use reflects the actual demand based on the analysis of parking requirements from other cities and parking demand analysis conducted In the last few years (Table 2): Table 2 Uses Anaheim Glendale Long Beach Sacramento Santa Monica Restaurants 8/1,000 sf 10/1,000 sf 10/1,000 plus 0.5 to 2.5/1,000 sf 3.3 to 8/1,000 sf j Churches 28.5 spaces /1,000 sf of gross floor area 20 spaces /1,000 sf of gross floor area 20/1,000 bar _ area Exercise Gyms 5.5/1,000 sf 1011,000 sf _ 20/1,000 sf 3 to 6/1,000 sf 3.3/1,000 sf Medical /Dental 6/1,000 sf 5/1,000 sf 5/1,000 sf 0.5 to 4/1,000 sf 3.3 to 4/1,000 sf _ Offices Churches 29/1,000 sf 28.6/1,000 sf 113.3 fixed seats 114 to 6 fixed 3.311,000 sf seats The proposed reduction of parking requirement for the following use reflects the actual demand based on the analysis of parking requirements from other cities and parking demand analysis conducted In the last few years (Table 2): Table 2 Uses Existing Proposed Restaurant 10 spaces /1,000 sf of gross floor area 8 spaces /1,000 sf of gross floor area Medical Office 6 spaces /1,000 sf of gross floor area 5 spaces /1,000 sf of gross floor area Exercise Gyms 35 spaces /1,000 sf of gross floor area 5.5 spaces /1,000 sf of gross floor area Churches 28.5 spaces /1,000 sf of gross floor area 20 spaces /1,000 sf of gross floor area On July 11, 2016, staff presented an initial package of proposed amendments to Chapter 41 to the Zoning and General Plan Subcommittee, comprised of Commissioners Bacerra and McLoughlin. On February 3, 2017 staff presented a revised set of amendments which comprised of Commissioners Bacerra, McLoughlin and Mendoza. The Zoning and General Plan Subcommittee recommended minor changes and noted that the proposed amendments would create a user and business friendly version of Chapter 41 (Zoning) of the Santa Ana Municipal Code. Public Notification The proposed amendments are citywide and the project site is not located one single neighborhood association. However, a notice was published Register. At the time of this printing, no correspondence, by phone, written received from any members of the public. 75A -8 within the boundaries of in the Orange County or electronic, has been Zoning Ordinance Amendment No. 2016 -03 March 13, 2017 Page 5 CEQA Comullance In accordance with the California Environmental Quality Act (CEQA) the recommended action is exempt from CEQA per Section 15061(b)(3). This exemption applies to projects covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, therefore, the activity is not subject to CEQA. Strategic Plan AUgnment Approval of this item supports the City's efforts to meet Goal No, 3 - Economic Development, Objective No. 2 (create new opportunities for business /job growth and encourage private development through new General Plan and Zoning Ordinance policies). Conclusion Based on the analysis provided within this report, staff recommends that the Planning Commission recommend that the City Council approve Zoning Ordinance Amendment No. 2016 -03, Ann Hsln -An Ni Associate Planner AN:jm an %PlanComm2lZOA2016- 03.pc.031317 Attachment: Exhibit 1— Proposed Amendments to Chapter 41 75A -9 ZONING ORDINANCE AMENDMENT NO. 16 -03 PROPOSED MODIFICATIONS Strike Out is deletion Underline is addition Wireless Facilities See, 41- 198.13. Same - Conditional use permit expiration. Each wireless coivnaunication facility approved pursuant to this article shall be approved for a period not to exceed 4*e-(5) ten 10 years. R2 (TWO - FAMILY RESIDENCE) Section 41 -246. Applicability of Regulations R -2 (two - family residence) districts are specifically subject to the regulations contained in this division, except that one - family dwellings are subject to the design and development standards set forth in Division -I 3 of this article, townhouses are subject to the design and development standards set forth in Division 6 of this article, and uses allowed under section 41 -247.5 are subject to the design and development standards set forth in Divik —:f this article. Sneelfie Develonment Site Plan Review Sec. 41 -593.4 Submission of development plans; architectural review. (a) ag of tl spsei€te develop plan ;" agr t}i (1� blssv Ally application for a permit for a building or structure in the SD District shall be accompanied or preceded by the filing with the director of planning of a specific development plan which shall be one of either of the following types: (1) A plan consisting of architectural drawings or sketches and plot plans, all to a workable scale, showing the elevation of the proposed building or structure, signs, proposed landscaping or other treatment of grounds around such building or structure, off - street parking and other physical features such as trees, hydrants, poles, and other installations, and in addition, such other plans, drawings or information as may be determined by the director of planning to be necessary to fully evaluate any requirement for a building permit; 1 EXHIBIT 1 75A -10 (2) A plan consisting of standards and regulations pertaining to the following: (i) The height, location, and bulk of buildings: (ii) The location, arrangement and configuration of open space and building setback, (iii) The location and design of off - street parking areas; (iv) The number, size, and location of all signs; (v) Such other regulations and standards as maybe necessary to accomplish the purposes and intent of this division or to insure the proper execution of the general plan. (b) Upon receipt of a specific development plan by the director of planning, the same shall be referred to the planning eormnissie n division for review and reeonmmendations. The planning division shall review said plans for the purpose of ensuring that buildings, structures, and grounds will be in keeping with the neighborhood and will not be detrimental to the harmonious development of the city or impair the desirability of investment or occupation in the neighborhood. Sec. 41- 593.5. Approval of specific development plans. No permit for it building or stricture 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 SD suffix, the applicant must obtain for said property a conditional use permit permitting use of the property in accordance with a specific development plan. Said conditional use permit shall be approved, conditionally approved, or denied in accordance with tine provisions of Article V of this chapter. All development shall be in compliance with all conditions of approval prior to issuance of a utility release by the director of building. (b) If the property is within an SD District, the specific development plan must be adopted by ordinance of the city. Such ordinance, in addition to adopting the specific development plan, shall specify the uses permitted on such property, together with any restrictions or conditions pertaining to such uses. • o - e 75A -11 Sec. 41- 638.1. Minor exceptions from off - street parking requirements. (a) Minor exceptions from the off - street parking regulations referenced in this section shall be subject to grant or denial by the Planning Manage based upon the standards set forth in this section and not upon the standards set forth in Section 41 -638. (b) A minor exception from the requirement that required parking areas be integrated such that a vehicle need not enter a street to move from one aisle to another may be granted if: (i) The stalls in an aisle are all reserved or assigned so as to be unavailable for parking by persons permitted to park in another aisle; or (ii) A parking area serves an office use and is immediately across a street or alley from it; or (iii)The parking area is wholly or partly within a structure. (c) A minor exception may be granted from the provisions of this chapter requiring each use to have its required number of off' street parking stalls to allow: (i) Two (2) or more independent uses to share required parking stalls provided no conflict will arise between parking for one use and parking for another due to differences in tirne of primary utilization of parking as between such uses. (ii) Any use conducted in a building which cannot reasonably be considered as within the scope of any other section of this article setting minimum parkingnace requirements, unless a parking demand analysis is required at the discretion of the Planning Manager. (d) A minor exception may be granted from the off-street parking design requirements of this chapter to allow for tandem parking sepA%---any aonresiileritiat -use if the parking area is adequately managed by a valet service or parking management service plan. See. 41 -639. Planning commission to make finding of fact; filing, review. In granting or denying a variance, conditional use permit or minor exception, the planning commission shall snake a written finding which shalt specify all facts relied upon by said commission in rendering its decision and in attaching conditions and safeguards. A copy of the decision of the planning commission, together with the written finding of fact, shall be filed with the clerk of the council, with the city planning 75A -12 departraent division, and mailed to the applicant, All decisions of the planning commission unity -be reviewed -by shall be final unless appealed to the city council asset Perth- tn4ec4ion 41 642- pursuant to Section 41 -645. DIVISION 3. - DEVELOPMENT PROJECT PLAN APPROVAL Sec. 41 -668. Definitions. (a) Development project: As used in this division, the term "development project" includes any of the following projects: (1) The new construction of any building or buildings, and additions to any existing building or buildings, if new floor space of # e hundred (Gn") square--feet-two thousand five hundred 2 5. 001 square feet or more is constructed or added, ems£ t17e east c� He •d ne -�d c..��_� :atae.:.delkrrs- ($5890 kIF1); but excluding the following: a. Single family homes; b. Room additions to duplexes; c. Tenant improvements not involving a change of use; d. Facade improvements; e. Equipment covers or structures to cover equipment. (2) Tenant improvements involving an intensification or change in occupancy classification. (3) Any a,,s ,..; , a sere- 4atio*- � 4rtrg Aeade —nffff 'c''F91iif'nt5, --btk '- i33Fel#drH-g-- e}Yi4re}ii:n 8nd9f gretlTkEi- tPt% �F�P.n3.6'd81-81= Fejilae2H?e1i� (5) Any project that requires a discretionary approval, excluding conditional use permits for operation of eating establishments between the hours of 12:00 a.m. and 5:00 a.m. and conditional use permits for the sale of alcoholic beverages. See, 41 -669. Plan approval. (a) No building permit shall be issued for any development project unless consistent with plans that have been approved for such development project in accordance with this division, except as otherwise provided in a discretionary approval. (b) in event tkat a development lnsjee q s a diseretserzary approva. B- eider -to prec€ed; ne al' on €orsuel�discret orta approval May be plaeed-en- +- agenda 4 75A -13 C 9 Parkin Sec. 41- 1.309. Interpretation of standards. In interpreting the parking standards set forth in this article, the following rules shall govern: (1) Wherever required off-street parking is based upon gross floor area, the number of required spaces shall be determined by applying the appropriate mathematical ratio. If the product is not a whole number, the number of required spaces shall be the next lower natural member if the decimal fraction is less than five- tenths (0.5) or the next higher natural number if the decimal fraction is five - tenths (0.5) or more. Wherever required off - street parking is based upon some other factor, the number of required spaces shall be determined by the same arithmetical process. (2) Wherever two (2) or more uses identified in this article exist on the same site or within the same building: a. The number of parking spaces required for each use shall be determined separately. b. Except as provided in sections 41 -1390 and 41 -1391, ancillary activities or uses within a single tenant space riot exceeding fifteen (15) percent of the gross floor area shall be calculated at the parking ratio of the primary use. (3) Wherever a particular use of property can be classified under more than one (1) section of this article which sets minimum parking space requirements, the section . which contains the more specific use description shall apply. If two (2) or more equally specific sections apply, the section imposing the 'higher standard shall apply. (4) Wherever required parking is based upon the number of seats in an area, eighteen (18) inches of bench space shall be deemed the equivalent of one (1) seat. (5) Reduction itnvarking due to disabilities upgrade may ranted. When required solely as a need to upgrade existing parking facilities to comply with Americans Manager. (6) Additions of floor area up to twenty -five (25) percent of a designated 'historic resource on the Santa Ana Register of Historic Properties shall be exempt from the 75A -14 requirements of this subsection. Additional parking shall be provided only for the floor area being, added which exceeds a twenty -five (25) percent increase. 41- 1309.1 Change of Use, Exceptions. Upon the change of use of an existing building, lot, or a portion of a buildin og r lot, additional parking: and loading spaces shall be provided for the new use as required by this chapter over and above the number of parking_ and loading spaces required by this chapter for the prior use only, with the following exceptions: (1) Change of use in a historic district or registered historic property. Any change of use permitted in a historic resource shall not be required to provide additional parking to that legally required prior to the change of use. (2) Change of use in a space under two thousand five hundred (2,500} square feet The oceupaney of any tenant space of less than two thousand five hundred (2,500) square feet in all zones, may be interchanged among the below land uses without the need to provide additional parking beyond that. currently pravided on -site or in covenanted off-site.. spaces. The prior use must bave been established with a valid business license and certificate of occupancy. Required parking shall be determined by the last oeeupaucy that did not use this subsection in a space under two thousand five hundred (2,500) square feet in all zones. Parking will be determined by subsection 41 -1300. • Professional and administrative offices Service uses • Medical and dental offices • Restaurants /eating establishments • Retail and service activities • Live /work, spaces • Banks and financial institutions • Gvnmasiams and studios operated for commercial or public purposes DIVISION 3. - COMMERCIAL AND OFFICE STANDARDS Sec. 41 -1341. - Restaurants, cafes, etc. (a) The minimum off- street parking requirements for restaurants, cafes and other eating establislunents are as follows: ten — +10) eight 8 spaces for each one thousand (1,000) square feet of gross floor area and open -air dining area except that an open -air dining area no greater than twenty -five (25) per cent of the gross 75A -15 floor area of the restaurant, or one thousand (1,000) square feet, whichever is smaller, is exempt from a parking requirement. (b) Each drive - through eating establishment shall have vehicular stacking lanes of at least eighty (80) feet from the pick -up window to the order point, and eighty (80) feet from the order point to the end of the drive - through lane. Such stacking lanes shall he located so that they do not serve as entries to parking spaces. Sec. 41 -1346. Medical, dental, psychiatric and chiropractic offices and clinics. The minimum off - street parking requirements for medical, dental, psychiatric, and chiropractic offices and clinics are as follows: s *4-) five 5 spaces for each one thousand (1,000) squarc feet of gross floor area, but*r�les thna ^ ( apftees,-. Sec. 41 -1375. Exercise gyros, spas, health clubs, etc. The minimum off - street parking requirements for exercise gyrns, spas, health clubs and similar facilities are as follows: one (I) space for each twenty -eigl (2-8) one hundred and eighty 0 80) square feet of floor area devoted to ,physical activity other than racquetball or handball (exclusive of locker rooms, shower facilities, utility rooms and ancillary public areas) l�kss t�vo ar�d en ®- hel€(� S}spaceser sash raeq�tetball erlrteardbakl eourt. See. 41- 1411. Churches, chapels and religious meeting halls. (a) The minimum off-street parking requirements for churches, chapels and religious meeting halls are as follows: one (1) space for each three fixed seats plus one (1) space for each fifty (501 square feet of floor area in seating areas without fixed seats. (b) For purpose of this section, "seating areas" shall include congregation seating, prayer and cry rooms, pastor and choir areas, and similar areas. 75A -16 ORDINANCE NO. NS -XXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING VARIOUS SECTIONS OF CHAPTER 41 OF THE SANTA ANA MUNICIPAL CODE INCLUDING SECTION 41- 198.13 (WIRELESS FACILITIES), SECTION 41 -246 (R- 2/TWO- FAMILY RESIDENCE), SECTION 41 -593.4 AND 41 -593.5 (SPECIFIC DEVELOPMENT /SD SITE PLAN REVIEW), SECTION 41 -638.1 (MINOR EXCEPTION), SECTION 41- 639 (PLANNING COMMISSION TO MAKE FINDINGS OF FACT), SECTION 41 -642 (REVIEW OF DECISION OF PLANNING COMMISSION BY CITY COUNCIL; HEARING), SECTION 41 -645 (APPEALS FROM DECISIONS OF PLANNING COMMISSION AND /OR ZONING ADMINISTRATOR- GENERALLY), SECTIONS 41 -668 AND 41 -669 (DEVELOPMENT PROJECT APPROVAL), AND SECTIONS 41 -1309, 41- 13091, 41 -1346, 41 -1375 AND 41- 1411 (VARIOUS PARKING STANDARDS) 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. Various sections within Chapter 41 of the Santa Ana Municipal Code (Zoning) have been revised periodically over the last several years to respond to changes in development, to adopt new permitting procedures, and to comply with changes to state and federal laws. In a continuing effort to establish high - quality development standards and to create a user friendly environment for residents and the business community within the city, the Planning Division is proposing revisions to various sections of the Zoning Code. B. After a thorough analysis of the current code requirements in the city, staff identified a number of code amendments and additions that are necessary to ensure clear, uniform, and legally consistent regulations. The proposed changes and additions will enable the City to implement a regulatory framework that both protects the health, safety, and welfare of the city and limits undue strain on home owners, business operators and developers. Ordinance No. NS -XXXX Page 1 of 13 75A -17 C. Zoning Ordinance Amendment No. 2016 -03 amends various sections in Chapter 41, including Section 41- 198.13 (wireless facilities), Section 41- 246 (R- 2/Two- Family Residence), Section 41 -593.4 and 41 -593.5 (Specific Development /SD site plan review), Section 41 -638.1 (minor exception), Section 41 -639 (Planning Commission to make findings of fact), Section 41 -642 (review of decision of Planning Commission by City Council; hearing), Section 41 -645 (appeals from decisions of Planning Commission and /or Zoning Administrator - generally), Sections 41 -668 and 41 -669 (development project approval), and Sections 41 -1309, 41- 1309.1, 41 -1346, 41 -1375 and 41 -1411 (various parking standards). D. On March 13, 2017, the Planning Commission held a duly noticed public hearing and voted to recommend that the City Council adopt Zoning Ordinance Amendment No. 2016 -03 to amend Chapter 41 of the Santa Ana Municipal Code including Section 41- 198.13 (wireless facilities), Section 41 -246 (R- 2/Two- Family Residence), Section 41 -593.4 and 41- 593.5 (Specific Development/SD site plan review), Section 41 -638.1 (minor exception), Section 41 -639 (Planning Commission to make findings of fact), Sections 41 -668 and 41 -669 (development project approval), and Sections 41 -1309, 41- 1309.1, 41 -1346, 41 -1375 and 41 -1411 (various parking standards). Section 2. Pursuant to the California Environmental Quality Act ( "CEQA ") and the State CEQA Guidelines, the adoption of this ordinance is exempt from CEQA review pursuant to 14 California Code of Regulations section 15061(b)(3), and a Notice of Exemption will be filed upon adoption of this ordinance. Section 3. Section 41- 198.13 (wireless facilities) of Chapter 41 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 41- 198.13. Same - Conditional Use Permit Expiration. Each wireless communication facility approved pursuant to this article shall be approved for a period not to exceed five -(6) ten 10 years. Section 4. Section 41 -246 (R -2 /Two - Family Residence) of Chapter 41 of the Santa Ana Municipal Code is hereby amended to read as follows: DIVISION 4, R2 (TWO FAMILY RESIDENCE) Section 41 -246. Applicability of Regulations. Ordinance No. NS -XXXX Page 2 of 13 75A -18 R -2 (two-family residence) districts are specifically subject to the regulations contained in this division, except that one - family dwellings are subject to the design and development standards set forth in Division 4 3 of this article, townhouses are subject to the design and development standards set forth in Division 6 of this article, and uses allowed under section 41- 247.5 are subject to the design and development standards set forth in o visa=, ' ref this article. Section 5. Sections 41 -593.4 and 41 -593.5 (Specific Development /SD site plan review) of Chapter 41 of the Santa Ana Municipal Code are hereby amended to read as follows: Sec. 41- 593.4. Submission of Development Plans; Architectural Review. (a) e-- spesifis - deve4epnasnt —pl Via G eu biqaFagraph r v.f. Any application for a permit for a building or structure in the SD District shall be accompanied or preceded by the filing with the director of planning of a specific development plan which shall be one of either of the following types: (1) A plan consisting of architectural drawings or sketches and plot plans, all to a workable scale, showing the elevation of the proposed building or structure, signs, proposed landscaping or other treatment of grounds around such building or structure, off- street parking and other physical features such as trees, hydrants, poles, and other installations, and in addition, such other plans, drawings or information as may be determined by the director of planning to be necessary to fully evaluate any requirement for a building permit; (2) A plan consisting of standards and regulations pertaining to the following: (i) The height, location, and bulk of buildings. (ii) The location, arrangement and configuration of open space and building setback; (iii) The location and design of off - street parking areas; (iv)The number, size, and location of all signs; (v) Such other regulations and standards as may be necessary to accomplish the purposes and intent of this division or to insure the proper execution of the general plan. (b) Upon receipt of a specific development plan by the director of planning, the same shall be referred to the planning eenv*ssien division for review and 75A -19 Ordinance No. NS -XXXX Page 3 of 13 recommendations. The planning ssr-nrnissien division shall review said plans for the purpose of ensuring that buildings, structures, and grounds will be in keeping with the neighborhood and will not be detrimental to the harmonious development of the city or impair the desirability of investment or occupation in the neighborhood. Sec. 41- 593.5. Approval of specific development 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 SD suffix, the applicant must obtain for said property a conditional use permit permitting use of the property in accordance with a specific development plan. Said conditional use permit shall be approved, conditionally approved, or denied in accordance with the provisions of Article V of this chapter. All development shall be in compliance with all conditions of approval prior to Issuance of a utility release by the director of building. (b) If the property is within an SD District, the specific development plan must be adopted by ordinance of the city. Such ordinance, in addition to adopting the specific development plan, shall specify the uses permitted on such property, together with any restrictions or conditions pertaining to such uses. 5 -9 C Section 6. Section 41 -638.1 (minor exception) of Chapter 41 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 41- 638.1. Minor Exceptions from Off- Street Parking Requirements. (a) Minor exceptions from the off- street parking regulations referenced in this section shall be subject to grant or denial by the Planning Manager Ordinance No. NS -XXXX Page 4 of 13 75A -20 based upon the standards set forth in this section and not upon the standards set forth in Section 41 -638. (b) A minor exception from the requirement that required parking areas be integrated such that a vehicle need not enter a street to move from one aisle to another may be granted if: (1) The stalls in an aisle are all reserved or assigned so as to be unavailable for parking by persons permitted to park in another aisle; or (ii) A parking area serves an office use and is immediately across a street or alley from It; or (iii) The parking area is wholly or partly within a structure. (c) A minor exception may be granted from the provisions of this chapter requiring each use to have its required number of off - street parking stalls to allow: (i) Two (2) or more independent uses to share required parking stalls provided no conflict will arise between parking for one use and parking for another due to differences in time of primary utilization of parking as between such uses. (ii) Any use conducted in a building which cannot reasonably be demand analysis is required at the discretion of the Planning Manager. (d) A minor exception may be granted from the off - street parking design requirements of this chapter to allow for tandem parking servlag -ally nGi;;,s + +,rRb e if the parking area is adequately managed by a valet service or parking management service plan. (e) No minor exceptions shall be granted under this section if the effect would be to substantially increase difficulties of vehicle maneuverability or traffic congestion. Any minor exception granted under this section may be conditioned to avoid such adverse impacts, including the condition of maintaining parking according to an approved parking site and /or management plan. Ordinance No. NS -XXXX Page 5 of 13 75A -21 Section 7. Section 41 -639 (Planning Commission to make findings of fact) of Chapter 41 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 41 -639. Planning Commission to Make Findings of Fact; Filing, Review. In granting or denying a variance, conditional use permit or minor exception, the planning commission shall make a written finding which shall specify all facts relied upon by said commission in rendering its decision and in attaching conditions and safeguards. A copy of the decision of the planning commission, together with the written finding of fact, shall be filed with the clerk of the council, with the city planning department division, and mailed to the applicant. All decisions of the planning commission may be reviewed by shall be final unless appealed to the city council as - -s.,t f� 44n c� Fn' by any interested Section 8. Section 41 -642 (Review of Decision of Planning Commission by City Council) of Chapter 41 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 41 -642. - Review of decision of planning commission by city council; hearing. Upon the filing, by the planning commission, of a written finding of fact with the clerk of the council, the council may review and appeal said finding as set forth herein and in the timeframe set forth in Section 41- 645(b). If the council is dissatisfied with the action of the planning commission or is of the opinion that the matter is of such magnitude as to be of special interest to the people of the City of Santa Ana it may, by majority vote, set the matter for a public hearing to be held at a regular or adjourned meeting with public notification made by the planning department as was required for the initial hearing; otherwise, all decisions of the planning commission shall be final. Section 9. Section 41 -645 (Appeals from decisions Planning Commission of planning commission and /or zoning administrator - Generally) of Chapter 41 of the Santa Ana Municipal Code Is hereby amended to read as follows: Sec. 41 -645. - Appeals from decisions of planning commission and /or zoning administrator - Generally. (a) An appeal from a decision or requirement of the planning commission or zoning administrator may be made by any interested party, individual or group. Ordinance No. NS -XXXX Page 6 of 13 75A -22 (b) Any appeal made under the terms of this article shall calendar days following the date of the decision by the zoning administrator. Further, said appeal period shall end calendar day following said date of the decision by the zoning administrator. If said tenth calendar day ends or holiday, the ten (10) day period shall end at 5:00 p.m. on e made within ten (10) planning commission or at 5:00 p.m. on the tenth planning commission or a Saturday, Sunday or ie next regular business M. a, e e (c) 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 commission or zoning administrator. Furthermore, a copy of said appeal shall be filed with the planning department and the clerk of the council. (d) Upon receipt of said appeal of the decision of the planning commission, the planning department shall set the matter for hearing by the council. In the event the matter is an appeal from a ruling by the zoning administrator, the matter shall be heard by the planning commission. (e) All appeals shall be heard in the same manner as prescribed for the original hearing. (f) Upon filing of an appeal, the planning department shall forward to the clerk of the council a copy of the written findings, maps, papers and exhibits upon which the decision of the planning commission and /or zoning administrator was based. (g) The council, or in the case of a zoning administrator appeal, the planning commission, may, after public hearing, affirm, reverse, change, 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 city planning department; one (1) copy thereof shall be sent to the applicant. Section 10. Sections 41 -668 and 41 -669 (development project approval) of Chapter 41 of the Santa Ana Municipal Code are hereby amended to read as follows: DIVISION 3. - DEVELOPMENT PROJECT PLAN APPROVAL Sec. 41 -668. Definitions. (a) Development project: As used in this division, the term "development project" includes any of the following projects: Ordinance No. NS -XXXX Page 7 of 13 75A -23 (1) The new construction of any building or buildings, and additions to any existing building or buildings, if new floor space of •five-hwndred- (W&)- sqUare feet -two thousand five hundred (2,500) square feet or more is constructed or added, ar—if the east of- the -werk to -be dene e» eels fifty the��sand- dollars ($50;890:90); but excluding the following: a. Single family homes; b. Room additions to duplexes; c. Tenant improvements not involving a change of use; d. Facade improvements; e. Equipment covers or structures to cover equipment. (2) Tenant improvements involving an intensification or change in occupancy classification. (13) ^s a .a (53) Any project that requires a discretionary approval, excluding conditional use permits for operation of eating establishments between the hours of 12:00 a.m. and 5:00 a.m. and conditional use permits for the sale of alcoholic beverages. (b) Discretionary approval: As used in this division, the term "discretionary approval' means a conditional use permit, variance, minor exception, tentative map approval, change in use district designation, or similar entitlement for development, the granting of which involves the exercise of discretion, other than the plan approval process set forth in this division. •$ (a) No building permit shall be issued for any development project unless consistent with plans that have been approved for such development project in accordance with this division, except as otherwise provided in a discretionary approval, Ordinance No. NS -XXXX Page 8 of 13 75A -24 e MUM '7 .7• ^C NOW C :,.:. Section 11. Section 41 -1309 (interpretation of parking standards) of Chapter 41 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 41 -1309. Interpretation of Standards. In interpreting the parking standards set forth in this article, the following rules shall govern: (1) Wherever required off - street parking is based upon gross floor area, the number of required spaces shall be determined by applying the appropriate mathematical ratio. If the product is not a whole number, the number of required spaces shall be the next lower natural number if the decimal fraction is less than five - tenths (0.5) or the next higher natural number if the decimal fraction is five - tenths (0.5) or more. Wherever required off - street parking is based upon some other factor, the number of required spaces shall be determined by the same arithmetical process. (2) Wherever two (2) or more uses identified in this article exist on the same site or within the same building: a. The number of parking spaces required for each use shall be determined separately. b. Except as provided in sections 4.1 -1390 and 41 -1391, ancillary activities or uses within a single tenant space not exceeding fifteen (15) percent of the gross floor area shall be calculated at the parking ratio of the primary use. (3) Wherever a particular use of property can be classified under more than one (1) section of this article which sets minimum parking space requirements, the section which contains the more specific use description shall apply. If two (2) or more equally specific sections apply, the section imposing the higher standard shall apply. (4) Wherever required parking is based upon the number of seats in an area, eighteen (18) inches of bench space shall be deemed the equivalent of one (1) seat. Ordinance No. NS -XXXX Page 9 of 13 75A -25 (5) the discretion of the Planning Manager. (6) Additions of floor area up to twenty -five (25) percent of a designated be provided only for the floor area being added which exceeds a twenty- five (25) percent increase. Section 12. Section 41- 1309.1 (change of use /exceptions) of Chapter 41 of the Santa Ana Municipal Code is hereby added to read as follows: 41- 9309.1 Change of Use. Exceptions. Upon the change of use of an existing building lot or a portion of a building or exceptions: (1) use. (2) Change of use in a space under two thousand five hundred (2 500 interchanged among the below land uses without the need to provide additional parking beyond that currently provided on -site or in covenanted off -site spaces The prior use must have been established • Professional and administrative offices Service uses Ordinance No. NS -XXXX Page 10 of 13 75A -26 • Medical and dental offices • Restaurants /eating establishments • Retail and service activities • Live /work spaces • Banks and financial institutions • Gymnasiums and studios operated for commercial or public purposes Section 13. Section 41 -1341 ((parking standards for Restaurants, Cafes, etc.) of Chapter 41 of the Santa Ana Municipal Code is hereby amended to read as follows: DIVISION 3. - COMMERCIAL AND OFFICE STANDARDS Sec. 41 -1341. Restaurants, cafes, etc. (a) The minimum off - street parking requirements for restaurants, cafes and other eating establishments are as follows: ten -(48) eight 8 spaces for each one thousand (1,000) square feet of gross floor area and open -air dining area except that an open -air dining area no greater than twenty -five (25) per cent of the gross floor area of the restaurant, or one thousand (1,000) square feet, whichever is smaller, is exempt from a parking requirement. (b) Each drive - through eating establishment shall have vehicular stacking lanes of at least eighty (80) feet from the pick -up window to the order point, and eighty (80) feet from the order point to the end of the drive - through lane. Such stacking lanes shall be located so that they do not serve as entries to parking spaces. Section 14. Section 41 -1346 (parking standards for Medical, Dental, Psychiatric and Chiropractic Offices and Clinics) of Chapter 41 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 41 -1346. Medical, dental, psychiatric and chiropractic offices and clinics. The minimum off- street parking requirements for medical, dental, psychiatric, and chiropractic offices and clinics are as follows: 64464 five 5 spaces for each one thousand (1,000) square feet of gross floor area.t�i+rr ne ease �s f� flare454pa4es- Ordinance No. NS -XXXX Page 11 of 13 75A -27 Section 15. Section 41 -1375 (parking standards for Exercise Gyms, Spas, Health Clubs, etc.) of Chapter 41 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 41 -1375. Exercise Gyms, Spas, Health Clubs, etc. The minimum off - street parking requirements for exercise gyms, spas, health clubs and similar facilities are as follows: one (1) space for each twe4ty-akjht (-2g) one hundred and eighty (180) square feet of floor area devoted to physical activity other than racquetball or handball (exclusive of locker rooms, shower facilities, utility rooms and ancillary public areas); plus- -twe -- and - -ene- half %� spases-for each - racquetball- or- Indball-oo+arl. Section 16. Section 41 -1411 (parking standards for churches, chapels and religious meeting halls) of Chapter 41 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 41.1411. Churches, chapels and religious meeting halls. (a) The minimum off - street parking requirements for churches, chapels and religious meeting halls are as follows: one (1) space for each three (3) fixed seats, plus one (1) space for each thi+ y fi ems; fifty 50 square feet of floor area in seating areas without fixed seats. (b) For purpose of this section, "seating areas" shall include congregation seating, prayer and cry rooms, pastor and choir areas, and similar areas. Section 17. 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 75A -28 2017 Ordinance No. NS -XXXX Page 12 of 13 Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By:! Lisa Storck, Assistant 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 that the attached Ordinance No. NS -XXX to be the original ordinance adopted by the City Council of the City of Santa Ana on _ , 2017 and that said ordinance was published in accordance with the Charter of the City of Santa Ana. rrM Clerk of the Council City of Santa Ana Ordinance No. NS -XXXX Page 13 of 13 75A -29 75A -30