HomeMy WebLinkAboutNS-2923 - Amending Various Sections of Chapter 41 of Santa Ana Municipal CodePLANNING COMMISSION APPEALS
CITY COUNCIL CALL-UPS
ORDINANCE NO. NS -2923
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, 41-1309.1, 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.
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
Ordinance No. NS -2923
Page 1 of 12
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).
E. On September 5, 2017, the City Council held a duly noticed public hearing
and voted to adopt Zoning Ordinance Amendment No. 2016-03 to amend
Chapter 41 of the Santa Ana Municipal Code.
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 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.
R-2 (two-family residence)
contained in this division,
design and development
townhouses are subject to
Ordinance No. NS -2923
Page 2 of 12
districts are specifically subject to the regulations
except that one -family dwellings are subject to the
standards set forth in Division 3 of this article,
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 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) 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 division for review and recommendations.
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 a building or structure shall be issued for any property subject to the
provisions of this division until the following requirements have been met:
Ordinance No. NS -2923
Page 3 of 12
(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.
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 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 time of primary utilization of parking as
between such uses.
Ordinance No. NS -2923
Page 4 of 12
(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 parking space 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 if the parking area is
adequately managed by a valet service or parking management 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.
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 division, and mailed to the applicant. All decisions of the
planning commission shall be final unless appealed to the city council by any
interested party, individual or group pursuant to Section 41-645 or set for public
hearing by the City Council pursuant to Section 41-642.
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
Ordinance No. NS -2923
Page 5 of 12
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.
(b) Any appeal made under the terms of this article shall be made within ten (10)
calendar days following the date of the decision by the planning commission or zoning
administrator. Further, said appeal period shall end at 5:00 p.m. on the tenth calendar
day following said date of the decision by the planning commission or zoning
administrator. If said tenth calendar day ends on a Saturday, Sunday or holiday, the ten
(10) day period shall end at 5:00 p.m. on the next regular business day.
(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.
Ordinance No. NS -2923
Page 6 of 12
(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 two thousand five hundred
(2,500) square feet or more is constructed or added; 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 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.
Sec. 41-669. Plan Approval.
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.
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
Ordinance No. NS -2923
Page 7 of 12
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 41-1390 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.
(5) Reduction in parking due to disabilities upgrade may be granted. When
required solely as a need to upgrade existing parking facilities to comply with
Americans with Disabilities Act (ADA), Title III and California Code of
Regulations (CCR), California Access Code, Title 24, may be reduced at the
discretion of the Planning 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 requirements of this subsection. Additional parking shall 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:
41-1309.1 Change of Use, Exceptions.
Upon the change of use of an existing building, lot, or a portion of a building or
lot, additional parking and loading spaces shall be provided for the new use as
Ordinance No. NS -2923
Page 8 of 12
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 occupancy 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 provided on-site or in covenanted
off-site spaces. The prior use must have been established with a valid
business license and certificate of occupancy. Required parking shall be
determined by the last occupancy 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
• 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: 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
Ordinance No. NS -2923
Page 9 of 12
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: five (5) spaces for each one
thousand (1,000) square feet of gross floor area.
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 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).
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 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.
Ordinance No. NS -2923
Page 10 of 12
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 19th day of September, 2017
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
Lisa Storck,
Assistant City Attorney
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
Benavides, Martinez, Pulido Sarmiento
Solorio Tinalero, Villegas (7)
None (0)
None (0)
Ordinance No, NS -2923
Page 11 of 12
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 -2923 to be the original ordinance adopted by the City
Council of the City of Santa Ana on September 19, 2017 and that said ordinance was
published in accordance with the Charter of the City of Santa Ana.
Date: el /127/001'7
Maria D. H izar
Clerk of the Council
City of Santa Ana
Ordinance No. NS -2923
Page 12 of 12