Division 1 — GENERAL PROVISIONS

The purpose and intent of this article is to allow:

(1)

The installation of digital billboards adjacent to freeways in suitable locations;

(2)

The reconstruction or conversion of existing static freeway-oriented billboards to digital billboards; and

(3)

The reconstruction or conversion of existing on-premise freeway-oriented advertising signs to digital billboards.

(Ord. No. NS-3023, § 4, 7-19-22)

Sec. 41-1100.5. - Goals.

These provisions seek to achieve the following goals:

(1)

The removal of existing billboards along arterial streets;

(2)

The construction of new freeway-oriented digital billboards in exchange for specific economic and community benefits as described in this article;

(3)

The reconstruction/conversion of freeway-oriented existing static billboards in exchange for specific economic and community benefits as described in this article;

(4)

The reconstruction or conversion of existing on-premise freeway-oriented digital signs to off-premise commercial advertising signs;

(5)

The display of public service announcements; and

(6)

The generation of revenue for City to fund ongoing services and community needs.

(Ord. No. NS-3023, § 4, 7-19-22)

Sec. 41-1101. - Definitions.

As used in this article, the following words, terms or phrases have the following meanings:

(1)

Adjacent (when used to refer to a billboard adjacent to a freeway) shall mean located within three hundred (300) feet of the edge of pavement of a freeway on a parcel having frontage on said freeway and as depicted on maps by the Planning Division.

(2)

Arterial Billboard means an off-premise commercial advertising sign located adjacent to a public street that is not freeway oriented.

(3)

Billboard and Off-Premise Commercial Advertising Sign means a sign affixed to the ground as a permanent structure used for the display of off-premise advertising to the public.

(4)

Billboard Operating Agreement means an agreement entered into by and between the City and the billboard operator which will specify terms for fees to compensate for impacts on City aesthetics and services, including an Economic and Community Benefits Plan, if proposed.

(5)

Classified Landscaped Freeway, when referenced in this Article, refers to a designation applied by the California Department of Transportation (Caltrans) to certain freeway segments which meet the criteria established by the California Code of Regulations Outdoor Advertising Regulations, Title 4, Division 6, and as amended.

(6)

Commercial Advertisement means any advertisement which has, as its primary purpose, the promotion of the sale of goods or services by a commercial business or enterprise to the public generally or any significant part thereof.

(7)

Digital Billboard means a billboard or off-premise commercial advertising sign using technologies, such as LCD (Liquid Crystal Display) and LED (Light-Emitting Diode), to display images and text.

(8)

Freeway Corridor means land located within three hundred (300) feet of the edge of freeway pavement and having frontage on the following freeways: the Santa Ana (I-5) Freeway; the Garden Grove (SR-22) Freeway; and the Costa Mesa (SR-55) Freeway.

(9)

Freeway-Oriented means any billboard that is adjacent to a freeway, designed to be viewed primarily by persons traveling on the main-traveled way of the freeway.

(10)

Freeway-Oriented On-Premise Digital Sign (Existing) means an electronic, digital message display that has been approved by the City of Santa Ana as part of a regional planned sign program pursuant to Section 41885 of the Santa Ana Municipal Code.

(11)

Noncommercial Advertisement Sign means any advertisement other than a commercial advertisement, including public service announcements.

(12)

Off-Premise Advertisement Sign means any commercial advertisement other than an on-premise advertisement sign that advertises products or services that is not located, produced, or offered for sale on the subject premise.

(13)

On-Premise Advertisement Sign means any commercial advertisement which pertains solely to goods or services which are produced or offered for sale on the premises where the advertisement is displayed.

(14)

Static Billboard means a billboard or off-premise commercial advertising sign that is not equipped as a digital display.

(Ord. No. NS-3023, § 4, 7-19-22)

Sec. 41-1102. - Consistency with the outdoor advertising act.

To the extent that there is any conflict between the provisions of this article and the provisions of the California Outdoor Advertising Act, codified at California Business and Professions Code Sections 5200 et seq., and as amended, the Outdoor Advertising Act shall prevail.

(Ord. No. NS-3023, § 4, 7-19-22)

Sec. 41-1103. - Application to existing signs.

Any off-premise commercial advertising sign which was constructed in conformance with the requirements of this article as they existed at the time of such construction, but which is not in conformance with the requirements of this article, shall be deemed a legal nonconforming use for purposes of this article, and may be maintained subject to the restrictions and limitations imposed on nonconforming uses by this chapter. Such signs may be compelled to be removed through amortization subject to the requirements and limitations imposed by Sections 5412 through 5412.4 of the Business and Professions Code of the State of California, the provisions of which, as they may from time to time be amended, are incorporated herein by this reference.

(Ord. No. NS-3023, § 4, 7-19-22)

Sec. 41-1104. - Fees.

The City Council may, by resolution, establish fees for any or all the administrative processes established by this article. Every application for a billboard permit or Conditional Use Permit (CUP) or appeal to the Planning Commission or City Council shall be accompanied by a filing fee. No application shall be accepted for filing without the required fee. The City Council shall from time to time by resolution adopt a schedule of fees to be charged.

(Ord. No. NS-3023, § 4, 7-19-22)

Sec. 41-1105. - Commercial and noncommercial messages.

Nothing in this article shall be deemed to prohibit or restrict the use of any sign authorized by this article for any noncommercial message. No permit required for any sign under this article shall be granted, conditioned, or denied based on the content of the message displayed by such sign, whether such message is commercial or noncommercial in nature.

(Ord. No. NS-3023, § 4, 7-19-22)

Secs. 41-1106—41-1109. - Reserved. DIVISION 2. - ADMINISTRATION AND PERMIT PROCEDURES

Table 41-1110 below identifies the primary types of development applications, approval process and approval authority for the applications required to permit digital billboards. Applications may be subject to one (1) or more development application processing procedures contained in this chapter. The exact processing and timing of applications shall be determined by the Planning Division based on the applicable project characteristics.

Table 41-1110 Permit Type and Review Authority

Notes:

1. As approved by this article and if required and permitted by the California Outdoor Advertising Act, as amended from time to time.

Appeals from decisions of the Director of the Planning and Building Agency and/or Planning Commission, extensions, time limits, and modifications to such digital billboard approval must be conducted in a manner in accordance with Article V, Division 1 of this Chapter.

(Ord. No. NS-3023, § 4, 7-19-22)

Every application for the construction a new digital billboard, conversion/reconstruction of an existing freeway-oriented static billboard, or conversion/reconstruction of an existing freeway oriented on-premise advertising sign to a digital billboard shall be filed by, or with the written consent of, the property owner on

forms required by the Planning Division and shall be at a minimum accompanied by the following information:

(a)

A pictorial representation of, and other information about, the proposed digital billboard, disclosing overall dimensions, dimensions of letters and figures, colors, materials, copy, and illumination characteristics.

(b)

A plan of the site on which the proposed digital billboard is to be located, indicating the precise location of the billboard, existing and proposed landscaping, other site improvements, and proximity to the edge of pavement of an adjacent freeway.

(c)

A vicinity map depicting the location of all existing and proposed billboards, any landmarks as designated on the General Plan that are within one thousand (1,000) feet of the proposed digital billboard, and the zoning designation of all sites within five hundred (500) feet of the boundaries of the subject property.

(d)

Photo simulations of all proposed digital billboards showing daytime and nighttime conditions.

(e)

A three-dimensional (3D) massing study depicting the proposed digital billboard. The 3D study should include massing of proposed development, if any, on applicant's parcel as well as existing buildings and advertising signs within one thousand (1,000) feet of the proposed digital billboard.

(f)

If the application involves the exchange of existing billboards, a map depicting the location(s) of billboards to be removed; at least two (2) photos of each billboard to be removed; and a summary of the size of each billboard face to be removed.

(g)

Such other information as the Executive Director of the Planning and Building Agency deems appropriate to determine compliance with the provisions of this Article.

(Ord. No. NS-3023, § 4, 7-19-22)

Sec. 41-1112. - Digital billboard conditional use permit findings of approval.

For approval of a Conditional Use Permit for a Digital Billboard, the Planning Commission shall make the following findings of fact set forth in this section and not upon the standards set forth in section 41-638 of this chapter, and may impose conditions, restrictions or limitations as the commission deems necessary to meet the general purpose and intent of this article and to ensure that the public health, safety and welfare are being maintained. Findings of Approval shall be made, and conditions may be imposed to confirm that:

(a)

The proposed digital billboard shall not constitute a hazard to the safe and efficient operation of vehicles upon a freeway.

(b)

Adequate space exists between the proposed digital billboard and any existing billboards in the vicinity, thus avoiding or minimizing any negative aesthetic impacts to surrounding land uses.

(c)

The size and design of the digital billboard will not be out of context with its visual environment.

(d)

The digital billboard will not cause light and glare to intrude upon residential uses, including those in mixeduse districts or developments.

(e)

The digital billboard will not significantly block or impair views of landmarks identified in the City's General Plan.

(f)

The installation of the new digital billboard will result in significant economic and community benefits.

(Ord. No. NS-3023, § 4, 7-19-22)

Sec. 41-1113. - Operating agreement required; execution fee required.

Prior to issuance of any building permits to reconstruct an existing static billboard, or prior to the public hearing notice to consider construction of a new digital billboard or conversion/reconstruction of an existing freeway oriented on-premise sign to a digital billboard, the applicant shall submit to the City Manager an executed Billboard Operating Agreement that has been reviewed and approved by the City Attorney and the Executive Director of the Planning and Building Agency. The applicant shall be responsible for paying any fees that have been established by the City Council to process and execute the Billboard Operating Agreement. In approving such agreement, the City Manager must find that the agreement will confer a substantial public benefit to the City and to the general public. Such public benefits may include, without limitation: the removal of legal nonconforming billboards; minimum display percentages or times for the advertising of City events and public service announcements; public art programming; physical site improvements; automatic brightness reductions or automatic display shutoffs due to proximity to sensitive land uses; minimum advertising of goods, products, or services provided onsite; monetary contribution intended for streetscape amenities or publicly accessible open space that enhances the quality and comfort of the pedestrian experience; minimum twenty (20) percent local hiring from Santa Ana residents to be considered for billboard removal alternatives through the Economic and Community Benefits Plan; and/or financial contributions to the City with the intent to achieve the same results.

(Ord. No. NS-3023, § 4, 7-19-22)

Secs. 41-1114—41-1129. - Reserved.

DIVISION 3. - DEVELOPMENT, LIGHTING AND OPERATIONAL STANDARDS

New and reconstructed billboards, and the conversion of existing freeway oriented on-premises advertisement signs to a digital billboard:

(a)

Shall only be constructed on properties zoned and used for non-residential uses in any zoning district, including overlay zones, specific plans, and specific development zones. Such requirement may be modified by the Planning Commission through the approval of a Conditional Use Permit.

(b)

Shall be located within the Freeway Corridor as defined in Section 41-1101.

(c)

Shall not be located within five hundred (500) feet from any residentially zoned parcel, as measured from the border of the digital billboard face, or the base of the digital billboard structure, to the nearest property line of the residentially zoned property. Such requirement may be modified to be no less than one-hundred fifty (150) feet for mixed-use districts by the Planning Commission through the approval of a Conditional Use Permit.

(d)

Shall be located outside any right-of-way owned by the California Department of Transportation (Caltrans).

(e)

Shall not significantly block or significantly impair views of any landmark identified in the General Plan.

(f)

To preserve views of the Santa Ana Water Tower, no billboard shall be constructed on any property adjacent to the northbound and southbound travel lanes of the Santa Ana (I-5) Freeway between Main Street and Grand Avenue.

(Ord. No. NS-3023, § 4, 7-19-22; Ord. No. NS-3059, § 4, 2-20-24)

Sec. 41-1131. - Development standards.

(a)

All digital billboards shall comply with standards established by the California Department of Transportation (Caltrans) in effect at the time the permit is issued. These standards may prohibit the construction of digital

billboards in landscaped areas and/or in zones where residential uses are permitted; may limit the size and height of digital billboards; and may require separation between billboards, among other provisions.

(b)

All new or reconstructed billboards shall be digital billboards. The construction or reconstruction of static billboards is prohibited.

(c)

The development standards in Table 41-1131 shall be applicable to all new and reconstructed billboards.

Table 41-1131 Digital Billboard Development Standards

(Ord. No. NS-3023, § 4, 7-19-22; Ord. No. NS-3059, § 5, 2-20-24)

(a)

The words "Santa Ana" shall permanently appear on the billboard structure in a size large enough to be visible to drivers using the freeway. The precise location, size and font of the words shall be determined by the approval authority.

(b)

All ground-mounted equipment shall be screened from view at street level. The entire site occupied by the billboard shall be appropriately landscaped with groundcover and shrubs to the satisfaction of the approval authority.

(c)

Each freeway billboard must be oriented primarily for viewing from the freeway and shall be oriented, and adequately shielded if necessary, to prevent the trespass of light and glare upon any residential land use, including those in mixed-use districts, as exists on the date of building permit issuance.

(d)

The billboard shall utilize an innovative billboard format, shall creatively use the latest in technology to ensure digital image quality, and shall use innovative architectural features and materials.

(e)

All billboards shall plainly display, and be visible from no less than fifty (50) feet, the name of the person or company owning or maintaining such billboard, contact information for said person or company, and the billboard's identification number.

(f)

Billboards projecting over a driveway or drive aisle shall have a minimum clearance of twenty (20) feet between the lowest point of the sign and the driveway grade.

(g)

No part of any billboard shall cross onto an adjacent property.

(h)

Billboards projecting over a pedestrian walkway shall have a minimum clearance of twelve (12) feet between the lowest point of the sign and the walkway grade.

(i)

All billboards not projecting over drive areas or pedestrian walkways shall have a minimum clearance of twelve (12) feet between the lowest point of the billboard and ground level.

(Ord. No. NS-3023, § 4, 7-19-22)

Sec. 41-1133. - Lighting and display requirements.

(a)

Signs shall produce a maximum 0.3 foot-candles over ambient light levels.

(b)

The display brightness shall be controlled by a photocell or light sensor that adjusts the brightness to the required level based on ambient light conditions without the need for human input. Use of other brightness adjustment methods, such as timer- or calendar-based systems, shall only be used as a backup system.

(c)

The display shall be factory-certified as capable of complying with the above brightness standards. Such certification shall be provided to the satisfaction of the Executive Director of the Planning and Building Agency, or his/her designee.

(d)

The sign owner shall provide to the City, upon request, certification by or compensation for an independent contractor to verify that the brightness levels of the digital billboard are in compliance with the requirements of this section.

(e)

All signs shall be equipped with a control system that, in the event of a display or control malfunction, "freezes" the display on either a single, unchanging message, or a blank screen. An emergency shutoff switch shall be provided.

(f)

Any sign area not comprising the digital display panel is prohibited. This area includes, but is not limited to, static sign area, appendages, cutout letters, and figures. A frame surrounding the display panel up to twelve (12) inches in width shall be permitted; it shall not contain any sign copy or graphics, and shall not count toward the sign area.

(g)

Where screen transitions are used, such transitions shall not give the appearance of moving text or images. The sign copy shall not use flashing, intermittent or moving lights or produce the optical illusion of movement or use animation.

(h)

Each sign copy shall be displayed for a minimum of four (4) seconds. The still images may not move or present the appearance of motion and may not use flashing, scintillating, blinking, or traveling lights or any other means not providing constant illumination. Transition or blank screen time between one (1) still image and the next may not exceed one (1) second.

(i)

All digital billboards must comply with all applicable laws and regulations concerning brightness, including, without limitation, California Vehicle Code Section 21466.5, and as amended.

(j)

All digital billboards must provide sufficient time for public service announcements as set forth in the approved Operating Agreement. Such public service announcements may not be concentrated during nonpeak hours and must be evenly dispersed throughout peak hours so as to maximize their benefit for the community and passer-by traffic.

(Ord. No. NS-3023, § 4, 7-19-22)

Sec. 41-1134. - Prohibited features.

Freeway oriented billboards shall not contain any of the following features:

(a)

Moving parts.

(b)

Appendages, cutout letters, or figures that protrude beyond the flat surface of the sign face.

(c)

Lights that flash, shimmer, glitter or give the appearance of flashing, shimmering or glittering. Exceptions to this restriction include time, temperature and smog index units.

(d)

Walls or screens at the base of the sign which create a hazard to public safety or provide an attractive nuisance.

(e)

Copy which simulates any traffic sign in a manner which confuses the public.

(f)

Copy which duplicates any other content displayed on the sign.

(g)

Devices which emit audible sound, or odor or particulate matter.

(Ord. No. NS-3023, § 4, 7-19-22)

Sec. 41-1135. - Maintenance and monitoring.

(a)

No person shall allow any digital billboard located on property owned, occupied or controlled by such person to remain in a condition of disrepair for a period of more than fifteen (15) days. For purposes of this article, a billboard shall be deemed to be in a condition of disrepair if it is in need of replacement of defective or missing parts, has a broken or damaged sign face, or is in need of repainting or cleaning in order to be brought into a reasonably slightly and legible condition.

(b)

All billboard operators shall submit a Lighting Monitoring Report to the Planning Division upon installation, and at three-year intervals thereafter to confirm conformance with the lighting requirements set forth in this article.

(c)

Complaints about lighting will be investigated by the City, and if determined necessary by the Executive Director of the Planning and Building Agency, the billboard operator shall provide an updated Lighting Monitoring Report within seventy-two (72) hours of the notice from the City. The City shall reserve the right to conduct digital billboard lighting measurements. If the measured luminance and/or illuminance exceed the data presented in operator's Lighting Monitoring Report, the findings of the City report shall prevail. All cost shall be borne by the applicant/operator.

(Ord. No. NS-3023, § 4, 7-19-22)

Secs. 41-1136—41-1139. - Reserved. DIVISION 4. - BILLBOARD EXCHANGE PROGRAM.

Sec. 41-1140. - Applicability.

No building permit shall be issued for any new digital billboard, conversion/reconstruction of an existing freeway oriented static billboard, or conversion/reconstruction of an existing on-premise advertising sign to a digital billboard, until the removal ratios as required by the Operating Agreement pursuant to section 411113 of this article have been met by applicant. In addition, the following standards are shall apply:

(a)

Nonconforming billboards with more than one (1) face shall be removed in their entirety and shall not be altered or partially dismantled in such a way as to leave behind one (1) or more faces or portion(s) thereof.

(b)

No billboard shall be reduced in size or otherwise altered to provide for the required removal, and only whole, entire billboard(s) shall be removed. In no case shall less than the required amount of display surface area be removed.

(c)

Any billboard removed or demolished from within the City, or reduced in size, not in conjunction with a project requiring removal under this article, shall not be credited toward the removal requirements of section.

(d)

Billboards shall be removed with the following priority, in order of highest priority to lowest:

(1)

Nonconforming billboards located on properties used for residential purposes or zoned for residential use.

(2)

Nonconforming billboards not located adjacent to a street classified as a Freeway, Principal, Major Arterial, Primary Arterial and Secondary Arterial as defined by the Santa Ana Circulation Element, with the exception

of those billboards located in Downtown Santa Ana.

(3)

All other nonconforming billboards.

(e)

The City may allow the applicant to post a bond guaranteeing removal of the existing billboards prior to issuing permits for the applicable digital billboard in the freeway corridor.

(Ord. No. NS-3023, § 4, 7-19-22)

Sec. 41-1141. - Overriding economic and community benefit considerations for billboard removal exchange ratio reduction.

The billboard removal ratio as required pursuant to section 41-1113 of this article may be reduced subject to demonstration of overriding economic and community benefits as proposed in an Economic and Community Benefits Plan attached to and incorporated in a Billboard Operating Agreement as specified in section 41-1113 of this chapter, subject to the satisfaction of the City Manager.

(Ord. No. NS-3023, § 4, 7-19-22)

Secs. 41-1142—41-1199. - Reserved. ARTICLE XIII. - HOMELESS SHELTERS

Sec. 41-1200. - Homeless shelters—Zones.

An emergency shelter for homeless or multiservice center for homeless shall be a permitted use on any parcel within the M1 (light industrial) or M2 (heavy industrial) or industrial specific development (SD) zones. Each facility shall comply with all of the required development and operational standards of the zone in which it is located.

(Ord. No. NS-2848, § 8, 9-3-13)

Sec. 41-1201. - Same—Standards.

Where permitted, any emergency shelter for homeless or multiservice center for homeless shall comply with the following:

(1)

Occupancy. A maximum of thirty (30) beds or persons may be served nightly, with associated support service not open to the public. One (1) multiservice center may be permitted in the City of Santa Ana, allowing a minimum of one hundred fifty (150) beds or persons may be served nightly and maximum of two hundred (200) beds. Any emergency shelter for homeless with greater than thirty (30) beds, but less than one hundred fifty (150) beds, shall be subject to approval of a conditional use permit consistent with Article V of this chapter.

(2)

Separation criteria. Said uses are to be located at least five hundred (500) feet from any residential use or residentially zoned property, park, child care center, or kindergarten through 12th grade curriculum school, as measured from the closest property line. An exception to this separation requirement may be granted if significant physical features act as barriers from said sensitive uses; such as a freeway, railroad right of way, or like features. In addition, at least 300 feet shall be maintained from any other emergency shelter for homeless or multiservice center for homeless, as measured from the closest property line. Said uses shall be located within ½-mile of a transit stop.

(3)

Parking. One (1) vehicle parking space shall be provided per five (5) beds. A covered and secured area for bicycle parking shall be provided for use by staff and clients, commensurate with demonstrated need, but no less than a minimum of eight (8) bike parking spaces.

(4)

Waiting and intake area. A client waiting and intake area shall be provided and contain a minimum of ten (10) square feet per bed provided at the facility. The client waiting and intake area shall be screened from the public right of way by a solid wall of at least six (6) feet in height, and shall be sufficient in size to accommodate all persons waiting to enter the facility.

(5)

Support services. Emergency shelters shall allocate sufficient areas on site, outside of any required landscape areas, to provide the following minimal support services:

a.

Food preparation and dining areas.

b.

Laundry facilities.

c.

Restrooms and showers

d.

Areas to secure and store client belongings.

e.

Indoor and outdoor recreational facilities and/or open space

f.

A private area for providing referral services to assist shelter clients in entering programs aimed at obtaining permanent shelter and income. Referral services refers to the initial assessment of a homeless client to

identify the areas in which assistance is needed, and connecting clients with appropriate off-site programs and services depending on their need.

Multiservice center or emergency shelters for homeless with capacity for one hundred fifty (150) or more beds shall provide a kitchen and essential services to meet the needs and development of homeless clients to facilitate homeless persons to obtain transitional and permanent housing solutions.

(6)

Hours of operation. A multiservice center for homeless with a capacity of one hundred fifty (150) beds shall be open twenty-four (24) hours a day. Emergency shelters for homeless providing less than one hundred fifty (150) beds are not required to be open twenty-four (24) hours a day. Clients for multiservice centers or emergency shelters for homeless shall have a specified check out time as detailed in the management and operation plan, but may remain on the premises to utilize onsite services offered.

(7)

Length of stay. The length of stay of an individual client shall not exceed six (6) months within a twelve (12) month period; days of stay need not be consecutive.

(8)

Management and operation plan. The applicant or operator shall submit a management and operation plan for the emergency shelter and/or multi-service center for review and approval by the planning manager in consultation with the chief of police at the time the project is proposed, prior to issuance of permits. If site plan review applies, then the management and operational plan should be submitted and reviewed concurrently with those applications. The plan shall remain active throughout the life of the facility, with any changes subject to review and approval by City planning manager in consultation with the chief of police. The plan shall be based on "best practices" and include, but not be limited to, a security plan, procedures, list of services, staff training, "good neighbor" communication plan, client transport and active transportation plan, ratio of staff to clients, client eligibility and intake and check out process, detailed hours of operation, ongoing outreach plan to Santa Ana homeless population, and participation in data collection for the Orange County region's homeless management information services. The City may inspect the facility at any time for compliance with the facility's operational plan and other applicable laws and standards.

(9)

Restrooms. The number of toilet and showers shall comply with applicable building codes and plumbing codes.

(10)

Trash enclosure and loading zone. Each facility shall have a trash enclosure and loading zone as provided in Section 41-623 of this chapter.

(11)

Staff/security. A twenty-four (24) hour emergency contact person shall be designated. Staff and/or security shall be on the premises at all times for multiservice centers or homeless shelters open twenty-four (24) hours a day, as detailed and approved in the management and operation plan.

(12)

Applicable laws. The facility shall comply with all other laws, rules and regulations that apply, including building and fire codes and shall be subject to City inspections prior to operational plan approval. In addition, the facility is to be consistent with City airport land use environs element policies, particularly as it relates to protecting sensitive uses from airport related noise levels.

(Ord. No. NS-2848, § 9, 9-3-13)

Sec. 41-1202. - Transitional and supportive housing—Zones.

Transitional housing and supportive housing shall be considered a residential use of property, and shall be subject only to those restrictions that apply to other residential dwellings of the same type in the same zone.

(Ord. No. NS-2848, § 10, 9-3-13)

Secs. 41-1203—41-1249. - Reserved. ARTICLE XIV. - RECYCLING FACILITIES

Sec. 41-1250. - Definitions.

As used in this article the following terms shall have the following meanings:

(a)

Recyclable material. Recyclable material is reusable material, including, but not limited to, metals, glass, plastic and paper, which are intended for reuse, remanufacture, or reconstitution for the purpose of using the altered form. Recyclable material does not include refuse or hazardous materials. Recyclable material may include used motor oil collected and transported in accordance with Sections 25250.11 and 25143.2(b)(4) of the California Health and Safety Code.

(b)

Recycling facility. A recycling facility is a center for the collection and/or processing of recyclable materials. A certified recycling facility or certified processor means a recycling facility certified by the California Department of Conservation as meeting the requirements of the California Beverage container Recycling and Litter Reduction Act of 1986. A recycling facility does not include storage containers or processing activity located on the premises of a residential, commercial, or manufacturing use and used solely for the recycling of material generated by that residential property business or manufacturer. Recycling facilities include collection facilities and processing facilities.

(c)

Collection facility. A collection facility is a center for the acceptance, by donation, redemption, or purchase, of recyclable materials from the public. Such a facility does not use power-driven processing equipment except as indicated in section 41-1253. Collection facilities may include the following:

(1)

A reverse vending machine; an automated mechanical device which accepts at least one (1) or more types of empty beverage containers including, but not limited to aluminum cans, glass and plastic bottles, and issues a cash refund or a redeemable credit slip with a value not less than the container's redemption value as determined by the state. A reversing vending machine may sort and process containers mechanically provided that the entire process is enclosed within the machine. In order to accept and temporarily store all three (3) container types in a proportion commensurate with their relative redemption rates, and to meet the requirements of certification as a recycling facility, multiple grouping of reverse vending machines may be necessary.

(2)

Small collection facilities which occupy an area of not more than five hundred (500) square feet, including the following:

A mobile recycling unit; A mobile recycling unit means an automobile, truck, trailer or van, licensed by the department of motor vehicles, which is used for the collection of recyclable materials. A mobile recycling unit also means the bins, boxes or containers transported by trucks, vans, or trailers, and used for the collection of recyclable materials.

Bulk reverse vending machines or a grouping of reverse vending machines occupying more than fifty (50) square feet; is designed to accept more than one (1) container at a time; and will pay by weight instead of by container.

Kiosk type units, which may include permanent structures;

Unattended containers placed for the donation of recyclable materials;

(3)

Large collection facilities which occupy an area of more than five hundred (500) square feet and may include permanent structures.

(d)

Processing facility. A processing facility is a building or enclosed space used for the collection and processing of recyclable materials. Processing means the preparation of material for efficient shipment, or to an end-user's specifications, by such means as baling, briquetting, compacting, flattening, grinding, crushing, mechanical sorting, shredding, cleaning, and remanufacturing. Processing facilities include the following:

(1)

A light processing facility occupies an area of under forty-five thousand (45,000) square feet of gross collection, processing and storage area and has up to an average of two (2) outboard truck shipments per day. Light processing facilities are limited to baling, briquetting, crushing, compacting, grinding, shredding and sorting of source-separated recyclable materials and repairing of reusable materials sufficient to quality as a certified processing facility. A light processing facility shall not shred, compact, or bale ferrous metals other than food and beverage containers.

(2)

A heavy processing facility is any processing facility other than a light processing facility.

(Ord. No. NS-1946, § 1, 1-19-88; Ord. No. 2333, § 3, 10-6-97)

Sec. 41-1251. - Permits required.

(a)

No person shall cause or permit the placement, construction, or operation of any small collection facility which is not located on property within a commercial zoning district and designated as a convenience zone where such uses are permitted by this section and which has not been issued either a land use certificate or a conditional use permit as required by this section and has produced documentation verifying certification by the State of California Department of Conservation. Applicants must also provide written proof of possession of State of California Workman's Compensation coverage and be in possession of a current Weighmaster's License.

(b)

Small collection facilities may be permitted on any property which is zoned and used for commercial and designated as a convenience zone or on property within an industrial zoning district. Light processing facilities and heavy processing facilities are permitted only in the M1 and M2 zoning districts with the approval of a conditional use permit.

(c)

A land use certificate shall be issued for any small collection facility which complies with the applicable standards set forth in this article.

(Ord. No. NS-1946, § 1, 1-19-88; Ord. No. NS-2333, § 4, 10-6-97; Ord. No. NS-3038, § 36, 2-7-23)

Sec. 41-1252. - Standards for reverse vending machines.

Each reverse vending machine:

(1)

Shall be established in conjunction with a commercial use which is in compliance with all applicable zoning, building and fire code requirements;

(2)

Shall be located in the interior of the building, within thirty (30) feet of the entrance to the commercial structure and shall not obstruct pedestrian circulation;

(3)

Shall occupy no more than fifty (50) square feet of floor space per installation, including any protective enclosure, and shall be no more than eight (8) feet in height;

(4)

Shall be constructed and maintained with durable waterproof and rustproof material;

(5)

Shall be clearly marked to identify the type of material to be deposited, operating instructions, and the identity and phone number of the operator or responsible person to call if the machine is inoperative;

(6)

Shall have a sign area of a maximum of four (4) square feet per machine, exclusive of operating instructions;

(7)

Shall be maintained in a clean, litter-free condition on a daily basis;

(8)

Shall have operating hours which are at least the operating hours of the host use.

(Ord. No. NS-1946, § 1, 1-19-88; Ord. No. NS-2333, § 5, 10-6-97)

Sec. 41-1253. - Standards for small collection facilities.

Only one (1) small collection facility may occupy a convenience zone at any time; and, each small collection facility:

(1)

Shall be established in conjunction with an existing commercial use which is in a convenience zone and not host to another operating small collection facility and is in compliance with all applicable zoning, building and fire code requirements;

(2)

Shall be no larger than five hundred (500) square feet;

(3)

Shall be set back at least fifty (50) feet from any street line and shall not obstruct pedestrian or vehicular circulation;

(4)

Shall accept only glass, metals, plastic containers, papers and reusable items. Used motor oil may not be accepted at these locations;

(5)

Shall use no power-driven processing equipment;

(6)

Shall use containers that are constructed and maintained with durable waterproof and rustproof material, covered when site is not attended, secured from unauthorized entry or removal of material and shall be of a capacity sufficient to accommodate materials collected and collection schedule;

(7)

Shall store all recyclable material in containers or in the mobile unit vehicle, and shall not leave materials outside of containers where attendant is not present;

(8)

Shall be maintained free of litter and any other undesirable materials, and mobile facilities, at which truck or containers are removed at the end of each collection day, shall be swept at the end of each collection day;

(9)

Shall not exceed noise levels of sixty (60) dBA as measured at the property line of residentially zoned or occupied property, otherwise shall not exceed seventy (70) dBA; and

(10)

Shall provide access to water/hose bib within fifty (50) feet.

(11)

Recycling facilities may not locate within one hundred (100) feet of a property zoned or occupied for residential use and shall operate only during the hours between 9:00 a.m. and 7:00 p.m.

(12)

Containers shall be clearly marked to identify the type of material which may be deposited; the facility shall be clearly marked to identify the name and telephone number of the facility operator and the hours of operation and display a notice stating that no material shall be left outside the recycling enclosure or containers.

(13)

Signs may be provided as follows:

a.

Recycling facilities may have identification signs with a maximum of twenty (20) per cent per side or sixteen (16) square feet, whichever is larger, in addition to informational signs required in subsection (b)(3) hereinabove; in the case of a wheeled facility, the side will be measured from the pavement to the top of the container.

b.

Signs must be consistent with the character of existing signage inclusive of color.

c.

Directional signs, bearing no advertising message, may be installed with the approval of the zoning administrator if necessary to facilitate traffic circulation, or if the facility is not visible from the public rightof-way.

d.

The zoning administrator may authorize increases in the number and size of signs upon findings that it is compatible with adjacent businesses.

e.

All sites must be in conformance with the provisions of Article XI of this chapter.

(14)

The facility shall not impair the landscaping required by this chapter for any concurrent use.

(15)

No additional parking spaces will be required for customers of a small collection facility located at the established parking lot of a host use. One (1) space will be provided for the attendant, if needed;

(16)

Mobile recycling units shall have an area clearly marked to prohibit other vehicular parking during hours when the mobile unit is scheduled to be present;

(17)

Occupation of parking spaces by the facility and by the attendant may not reduce available parking spaces below the minimum number required for the primary host use unless all of the following conditions exist:

a.

The facility is located in a convenience zone or a potential convenience zone as designated by the California Department of Conservation;

b.

A parking study shows that existing parking capacity is not already fully utilized during the time the recycling facility will be on the site; or

c.

A reduction in available parking spaces in an established parking facility may then be allowed as follows:

(18)

The facility shall be integrated into the existing site so as to not be obtrusive and will provide aesthetic applications that are compatible with the existing architecture.

(Ord. No. NS-1946, § 1, 1-19-88; Ord. No. NS-2333, § 6, 10-6-97)

Sec. 41-1254. - Standards for large collection facilities.

Large collection facilities shall be subject to the following standards:

(1)

The facility shall not abut a property zoned or used for residential purpose.

(2)

The facility shall be screened from the public right-of-way either by operating in an enclosed building, or by operating:

a.

Within an area enclosed by an opaque fence at least six (6) feet in height with landscaping;

b.

At least one hundred fifty (150) feet from property zoned or used for residential use; and

c.

In compliance with applicable noise standards.

(3)

Setbacks and landscape requirements shall be those provided for the zoning district in which the facility is located.

(4)

All exterior storage of material shall be in sturdy containers which are covered, secured, and maintained in good condition. Storage containers for flammable material shall be constructed of nonflammable material. Oil storage must be in containers approved by the fire department. No storage, excluding truck trailers and overseas containers, will be visible above the height of the fencing.

(5)

The site shall be maintained free of litter and any other undesirable materials and will be cleaned of loose debris on a daily basis.

(6)

Space will be provided on site for six (6) vehicles or the anticipated peak customer load, whichever is higher, to circulate and to deposit recyclable materials, except where the adjoining administrator determines that allowing overflow traffic above six (6) vehicles is compatible with surrounding businesses and public safety.

(7)

One (1) parking space will be provided for each commercial vehicle operated by the recycling facility. Parking requirements for other vehicles will be as provided for in this chapter.

(8)

Noise levels shall not exceed fifty-five (55) dBA as measured at the property line of residentially zoned property, or otherwise shall not exceed seventy (70) dBA.

(9)

If the facility is located within five hundred (500) feet of property zoned, planned or occupied for residential use, it shall not be in operation between 7:00 p.m. and 7:00 a.m.

(10)

Any containers provided for after-hours donation of recyclable materials will be at least fifty (50) feet from any property zoned or occupied for residential use, shall be of sturdy, rustproof construction, shall have sufficient capacity to accommodate materials collected, and shall be secure from unauthorized entry or removal of materials. Containers shall be at least ten (10) feet from any building;

(11)

Donation areas will be kept free of litter and any other undesirable material and the containers will be clearly marked to identify the type of material that may be deposited; the facility shall display a notice stating that no material shall be left outside the recycling containers;

(12)

The facility will be clearly marked with the name and phone number of the facility operator and the hours of operation; identification and informational signs will meet the standards of the zone; and directional signs, bearing no advertising message, may be installed with the approval of the zoning administrator, if necessary, to facilitate traffic circulation or if the facility is not visible from the public right-of-way;

(13)

Power-driven processing, including aluminum foil and can compacting, baling, plastic shredding, or other light processing activities necessary for efficient temporary storage and shipment of material, may be approved through a conditional use permit process or at the discretion of the zoning administrator if noise and other conditions are met.

(Ord. No. NS-1946, § 1, 1-19-88; Ord. No. NS-2333, § 7, 10-6-97)

Sec. 41-1255. - Processing facilities.

Processing facilities are subject to the following standards:

(1)

The facility shall not abut a property zoned or used for residential purpose.

(2)

In a commercial zone, a light processing facility shall operate in a wholly enclosed building except for incidental storage of vehicles or equipment used on site.:

(3)

Power-driven processing shall be permitted, provided all noise level requirements are met. Light processing facilities are limited to baling, briquetting, crushing, compacting, grinding, shredding and sorting of sourceseparated recyclable materials and repairing of reusable materials.

(4)

A light processing facility shall be no larger than forty-five thousand (45,000) square feet and shall have no more than an average of two (2) outbound truck shipments of material per day and may not shred, compact or bale ferrous metals other than food and beverage containers.

(5)

A processing facility may accept used motor oil for recycling from the generator in accordance with Section 2520.11 of the California Health and Safety Code.

(6)

Setbacks and landscaping requirements shall be those provided for the zoning district in which the facility is located.

(7)

All exterior storage of material shall be in sturdy containers or enclosures which are covered, secured, and maintained in good condition. Storage containers for flammable material shall be constructed of nonflammable material. Oil storage must be in containers approved by the fire department. No storage excluding truck trailers and overseas containers will be visible above the height of the fencing.

(8)

The site shall be maintained free of litter and any other undesirable materials, and will be cleaned of loose debris on a daily basis and will be secured from unauthorized entry and removal of materials when attendants are not present.

(9)

Space shall be provided on site for the anticipated peak load of customers to circulate, park and deposit recyclable materials. If the facility is open to the public, space will be provided for a minimum of ten (10) customers except where the zoning administrator determines that allowing over-flow traffic above six (6) vehicles is compatible with surrounding businesses and public safety.

(10)

One (1) parking space will be provided for each commercial vehicle operated by the processing center. Parking requirements will otherwise be as mandated by this chapter.

(11)

Noise levels shall not exceed sixty (60) dBA as measured at the property line of residentially zoned or occupied property, or otherwise shall not exceed seventy (70) dBA.

(12)

If the facility is located within five hundred (500) feet of property zoned or used for residential use, it shall not be in operation between 7:00 p.m. and 7:00 a.m. The facility will be administered by on-site personnel during the hours the facility is open.

(13)

Any containers provided for after-hours donation of recyclable materials will be at least fifty (50) feet from any property zoned or occupied for residential use; shall be of sturdy, rustproof construction; shall have sufficient capacity to accommodate materials collected; and shall be secure from unauthorized entry or removal of materials.

(14)

Donation areas shall be kept free of litter and any other undesirable material. The containers shall be clearly marked to identify the type of material that may be deposited. The facility shall display a notice stating that no material shall be left outside the recycling containers.

(15)

Sign requirements shall be those provided by this chapter. In addition, the facility will be clearly marked with the name and phone number of the facility operator and the hours of operation.

(16)

No dust, fumes, smoke, vibration or odor above ambient level shall be detectable on neighboring properties.

(Ord. No. NS-1946, § 1, 1-19-88; Ord. No. NS-2333, § 8, 10-6-97)

Sec. 41-1256. - Relationship to other zoning provisions.

(a)

To the extent of any inconsistency between the provisions of this article and other provisions of this chapter, the provisions of this article shall control.

(b)

Provisions of this chapter requiring that activities be conducted within an enclosed building do not apply to recycling facilities except as specified in this article.

(c)

Any recycling facility which is a "development project" within the meaning of section 41-668(a) of this

chapter must comply with the development project plan approval process set forth in sections 41-668 through 41-674 of this chapter in addition to compliance with this article.

(Ord. No. NS-1946, § 1, 1-19-88)

Secs. 41-1257—41-1299. - Reserved.

ARTICLE XV. - OFF-STREET PARKING

DIVISION 1. - GENERAL REQUIREMENTS

Sec. 41-1300. - Location of required off-street parking.

Parking facilities shall be located on the same lot or site or on a lot or site contiguous thereto. Any property used for required parking shall be under the same ownership as the uses served or shall be restricted in such a manner as to prevent the severance of the parking facilities and use by sale, trade, lease or any other conveyance.

(Ord. No. NS-2091, § 1, 11-19-90)

Sec. 41-1301. - Prohibition against display of vehicles, trailers, vessels and other personal property for sale.

(a)

No person shall park or place a vehicle, trailer, or vessel or other personal property upon a public or private street, parking lot or any public or private property for the purpose of displaying such vehicle, trailer, vessel or other personal property thereon for sale, hire or rental, or for other advertising purposes, unless said

property is properly zoned by the city for such purpose and the vendor is duly licensed to transact such business at that location.

(b)

Subsection (a) shall not prohibit any person from parking or placing a vehicle or vessel or other personal property on private residential property belonging to or occupied by the owner of such vehicle, vessel or other personal property, for the purpose of displaying the same for sale, hire or rental.

(c)

"Vehicle" as used in this section shall mean a "vehicle" as defined in Section 670 of the California Vehicle Code, as the same now reads or may hereafter be amended.

(d)

"Vessel" as used in this section shall mean a "vessel" as defined in Section 9840(a) of the California Vehicle Code, as the same now reads or may hereafter be amended.

(e)

The parking or placing of any vehicle or vessel or other personal property with a sign or other advertising device thereon or proximate thereto, indicating such vehicle or vessel or other personal property is for sale, hire or rental, shall constitute prima facie evidence that such vehicle, vessel or other personal property was parked or placed for the purpose displaying same for sale, hire or rental, or other advertising.

(f)

A violation of this section shall constitute an infraction punishable in the same manner as provided in section 36-27 of this Code, as the same now reads or may hereafter be amended.

(Ord. No. NS-2091, § 1, 11-19-90; Ord. No. NS-2340, § 1, 12-15-97)

Sec. 41-1302. - Prohibition against use of required parking spaces for other purposes.

(a)

No person shall use or allow the use of any parking space or area designed for the parking of vehicles, and necessary to provide parking spaces in full or partial satisfaction of the off-street parking requirements of this chapter, for any purpose which obstructs or prevents the use of such parking space or area for the parking of vehicles on a regular basis.

(b)

The use of a required parking space for the storage of any automobile for more than seventy-two (72) hours, or for the storage of equipment, shall be deemed to be an obstruction or activity which prevents the use of such parking space for the parking of vehicles on a regular basis within the meaning of subsection (a) of this section.

(c)

Subsection (b) does not apply to the parking of a vehicle at a residence provided the vehicle is operational and the parking of the vehicle does not conflict with access and parking of other vehicles.

(Ord. No. NS-2091, § 1, 11-19-90; Ord. No. NS-2340, § 2, 12-15-97)

Sec. 41-1303. - Dimension of parking area and access.

(a)

Parking stalls shall not be less than eight (8) feet six (6) inches wide and eighteen (18) feet long, except as noted in subsections 41-1320(c) and (d). Where double-striping is required, the width of stalls shall be measured from lines midway between each pair of stripes. Structural, mechanical, utility or similar appurtenances are only permitted adjacent to required stall areas if the required width of the stall is increased at least six (6) inches and if the appurtenance is not located so as to interfere with safe and free parking movement or car door opening or of visibility. No appurtenance shall be permitted in the area in front of a parked car unless located in its entirety at least four (4) feet above surface level. Parking lot lights and tree wells, however, may encroach no greater than eighteen (18) inches into a front corner of a parking stall.

(b)

Aisles to and from parking stalls shall not be less than:

(1)

Thirteen (13) feet wide for one-way aisles with 30-degree parking.

(2)

Fifteen (15) feet wide for one-way aisles with 45-degree parking.

(3)

Eighteen (18) feet wide for one-way aisles with 60-degree parking.

(4)

Twenty-three (23) feet wide for 90-degree parking.

(c)

Circulation within a parking area must be such that:

(1)

A car entering the parking area need not enter a street to reach another aisle except on a street with a standard industrial street cross section.

(2)

A car need not enter a street backwards. This provision shall not apply to off-street parking required in sections 41-1320 and 41-1321, or prohibit the backing of motor vehicles into a street which has a standard industrial street cross-section regardless of the use on the lot abutting said industrial street.

(3)

All parking stalls and garages shall be accessible and usable.

(Ord. No. NS-2091, § 1, 11-19-90; Ord. No. NS-2340, § 3, 12-15-97; Ord. No. NS-2710, § 29, 5-1-06)

Sec. 41-1304. - Maintenance and operation.

(a)

Bumper guards, curbs or other suitable barriers shall be provided to protect public streets and sidewalks, to prevent parking in areas where no parking is permitted, to prevent parked vehicles from extending beyond the parking area boundary line or intruding into any pedestrian walkway, and to prevent vehicles from contacting any wall, fence or landscaped area.

(b)

When the parking area abuts residentially zoned property, property used for residential purposes, or sensitive land uses, a minimum six-foot high masonry wall shall be erected along such property lines, except that such wall shall not exceed four (4) feet in height along any required front yard of the adjacent property.

(c)

Lights used to illuminate the parking area shall be reflected away from any residence or sensitive land use.

(d)

All required stalls shall be clearly outlined with double-striping on the surface of the lot.

(e)

The parking area and driveways shall be paved with asphaltic or concrete surfacing.

(f)

All parking areas shall be accessible to vehicles via driveways and aisles of the size specified herein.

(g)

Cart corrals shall be provided throughout parking lots for uses that rely on shopping carts for normal business operations.

(h)

Sensitive land uses as used in this section are those adjacent land uses such as child care facilities, parks, schools, churches, convalescent homes, and hospitals that will be potentially impacted by the proposed

parking lot and ancillary parking activities.

(i)

All parking areas required by this chapter are to be maintained in a safe, clean and repaired state with no potholes, solid paving, and legible striping.

(Ord. No. NS-2091, § 1, 11-19-90; Ord. No. NS-2340, § 4, 12-15-97; Ord. No. NS-2446, § 23, 9-18-00)

Sec. 41-1305. - Loading space requirements.

Every building involving the receipt or distribution by vehicle of materials or merchandise incidental to carrying on such activity shall be provided with at least one (1) space for standing, loading and unloading of vehicles to avoid undue interference with the public use of on-site travel aisles, streets and alleys. Such space shall be provided at a size sufficient to accommodate the largest delivery vehicle likely for the building and in no case be less than ten (10) feet by twenty-five (25) feet. Loading zones shall be provided at a rate of one (1) for every ten thousand (10,000) square feet of floor area or outdoor storage area. A fourteen-foot minimum height clearance shall be maintained. Loading zones shall not interfere with or be used for off-street parking purposes. Loading zones shall be clearly designated and labeled, and may not be located adjacent to property used or zoned for residential purposes.

(Ord. No. NS-2091, § 1, 11-19-90; Ord. No. NS-2340, § 5, 12-15-97)

Sec. 41-1306. - Handicapped parking.

(a)

Number. A portion of the required off-street parking spaces required for any use by this chapter shall be designed for physically handicapped persons in accordance with state law and the following standards:

(b)

Design, designation, and location. Handicapped persons' parking spaces shall, at a minimum, comply with the requirements of the California Building Code, Division 11, Site Accessibility.

(Ord. No. NS-2091, § 1, 11-19-90; Ord. No. NS-2176, § 5, 9-21-92; Ord. No. NS-2340, § 6, 12-15-97)

Sec. 41-1307. - Motorcycle spaces.

Any site which has five hundred (500) or more parking spaces shall provide, for the first five hundred (500) spaces and one (1) for each two hundred fifty (250) spaces thereafter, a seventeen-foot by eighteen-foot motorcycle parking area, bordered by bumper guards or concrete curb to preclude automobile access to such area. Motorcycle spaces are to be clearly designated and located near the main entrance of the primary structures on-site.

(Ord. No. NS-2091, § 1, 11-19-90; Ord. No. NS-2340, § 7, 12-15-97)

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) per cent of the required automobile parking, but not less than four (4) bicycle spaces.

b.

Office, industrial and manufacturing development of greater than fifteen thousand (15,000) gross square feet shall provide a minimum of two (2) bicycle parking spaces.

c.

Multifamily residences of five (5) or more units shall provide a minimum of four (4) bicycle spaces.

d.

Key activity locations and public gathering uses including but not limited to theaters, recreation facilities, libraries, churches/temples, and schools shall provide a minimum of four (4) bicycle parking spaces or eight (8) bicycle parking spaces if more than fifty (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 shall 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.

(Ord. No. NS-2787, § 4, 6-8-09; Ord. No. NS-2803, § 18, 6-21-10)

Sec. 41-1308. - Prohibition against separate charge for parking on multiple-family residential property.

(a)

No owner or agent of any owner of multiple-family residential property shall impose any charge on any resident for the privilege of parking in the off-street parking spaces on such property which is separate and distinct from the rent charged to such resident for such resident's dwelling unit.

(b)

Any owner or agent of an owner of residential property who is not in compliance with subsection (a) of this section on November 19, 1990, shall have sixty (60) days from and after such date to discontinue such noncompliance. Thereafter any such noncompliance shall be unlawful.

(Ord. No. NS-2091, § 1, 11-19-90)

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 fivetenths (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.

(Ord. No. NS-2091, § 1, 11-19-90; Ord. No. NS-2340, § 8, 12-15-97; Ord. No. NS-2404, § 2, 9-20-99; Ord. No. NS-2923, § 11, 9-16-17)

Sec. 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 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 section 41-1300.

• Professional, business, and administrative offices

• Service uses

• Medical offices

• Restaurants/eating establishments

• Retail and service activities

• Live/work spaces

• Banks and financial institutions

• Gymnasiums and studios operated for commercial or public purposes

(3)

Change in use from industrial to retail as permitted in section 41-472 of this Code shall not be required to provide additional parking spaces beyond that provided on-site or in covenanted off-site spaces when the retail component of the use is equal to or less than fifty (50) percent of the gross square footage of the tenant space.

(Ord. No. NS-2923, § 12, 9-16-17; Ord. No. NS-3038, § 37, 2-7-23)

Sec. 41-1310. - In-lieu parking fee districts.

(a)

The city council may, by resolution, establish one (1) or more in-lieu parking fee districts whereby property owners within any such district may receive a credit toward the number of off-street parking spaces otherwise required by this article by the payment of an in-lieu parking fee to be used by the city for the future provision of public parking facilities serving the district.

(b)

Eligibility for the reception of an off-street parking credit shall be limited to: (1) the use and occupancy of existing buildings which lack sufficient parking spaces on site to satisfy the requirements of this article and which no longer have such status as a nonconforming use or nonconforming building which would allow them to be used and occupied without the provision of such parking; and (2) the intensification of use in an existing building. Such eligibility shall not extend to new building construction, nor to additions to existing buildings or the reconstruction of existing buildings even if such reconstruction does not increase existing or previous occupant load.

(c)

Any resolution of the city council establishing an in-lieu parking fee district shall set forth the fee to be charged for each parking space for which an off-street parking credit shall be granted to an owner of eligible property within the district. Such resolution may also set forth such provisions as the council may determine appropriate for payment of the fee in installments over a period of years. The responsibility for such installment payments shall run with the ownership of the property.

(d)

All revenues received by the city from the payment of in-lieu parking fees from owners of property within an in-lieu parking district shall be maintained in an account separate and apart from other city funds. Moneys in such account may be expended solely for the purpose of providing additional public parking in the district.

(e)

No owner of property within an in-lieu parking fee district may receive any off-street parking credit pursuant to this section except pursuant to a parking plan approved for that property by the executive director of the community development agency of the city or his or her designated representative. The parking plan shall specify the number of parking spaces required to be provided on the property and the number of parking spaces for which off-street parking credits are granted.

(f)

A parking plan may be revoked by the executive director of the community development agency of the city or his or her designated representative for failure by the owner of that property to pay installment payments on the in-lieu parking fee due for that property, and shall be reinstated upon the payment of all installments due. During such time as a parking plan is revoked: (1) the property shall not be credited with off-street parking credits for purposes of determining its compliance with the off-street parking requirements of this chapter; and (2) no further certificates of occupancy shall be issued for the property under the building code of the city.

(Ord. No. NS-2309, § 1, 12-2-96; Ord. No. NS-2340, § 9, 12-15-97)

Secs. 41-1311—41-1319. - Reserved. DIVISION 2. - RESIDENTIAL STANDARDS

Sec. 41-1320. - Single-family dwellings.

(a)

The minimum off-street parking requirements for single-family dwellings are as follows:

(1)

Four (4) off-street parking spaces for up to five (5) bedrooms;

(2)

Five (5) off-street parking spaces for up to six (6) bedrooms;

(3)

Six (6) off-street parking spaces for up to seven (7) bedrooms;

(4)

Seven (7) off-street parking spaces for up to eight (8) bedrooms;

(5)

Eight (8) off-street parking spaces for nine (9) or more bedrooms.

(b)

Of the spaces required by subsection (a), no less than one-half (½) of the off-street parking spaces shall be in an enclosed garage. The remaining spaces may be tandem spaces in a driveway.

(c)

Each parking stall in a one-car garage shall not be less than twelve (12) feet wide and twenty (20) feet long.

(d)

Each parking stall in a two-car garage or larger shall not be less than ten (10) feet wide and twenty (20) feet long.

(Ord. No. NS-2087, § 1, 10-1-90; Ord. No. NS-2091, § 1, 11-19-90; Ord. No. NS-2710, § 30, 5-1-06)

Sec. 41-1321. - Two-family and three-family dwellings.

(a)

The minimum off-street parking requirements for each dwelling unit in a two-family or three-family dwelling are as follows: three (3) spaces plus one (1) additional space for each bedroom in excess of two (2) bedrooms.

(b)

Of the spaces required by subsection (a), two (2) spaces shall be in an enclosed garage. The remaining spaces may be tandem spaces in a driveway, provided such driveway spaces may not obstruct access to parking spaces serving any other unit.

(Ord. No. NS-2087, § 1, 10-1-90; Ord. No. NS-2091, § 1, 11-19-90)

Sec. 41-1322. - Multiple-family dwellings.

(a)

The minimum off-street parking requirements for each dwelling unit in multiple-family dwellings are as follows: one (1) space in a garage or carport.

(b)

Each multiple-family dwelling site shall provide off-street parking spaces, in addition to the minimum requirements of subsection (a) of this section, in an amount not less than the number of bedrooms on the site. Such spaces may be open or covered and may be assigned to particular units or not so assigned. Bachelor units shall be considered as one-bedroom units.

(c)

In addition to the minimum requirements of subsections (a) and (b) of this section, each multiple-family dwelling site shall provide guest parking, identified as such, in an amount of spaces not less than twentyfive (25) per cent of the minimum required spaces under subsections (a) and (b) of this section, but in no case less than three (3) spaces.

(Ord. No. NS-2087, § 1, 10-1-90; Ord. No. NS-2091, § 1, 11-19-90; Ord. No. NS-2340, § 10, 12-15-97)

Sec. 41-1323. - Residential care facilities.

The minimum off-street parking requirements for residential care facilities are as follows: one (1) space for each three (3) beds.

(Ord. No. NS-2091, § 1, 11-19-90; Ord. No. NS-3084, § 25, 9-16-25)

Sec. 41-1324. - Reserved.

Editor's note— Ord. No. NS-3084, § 26, adopted September 16, 2025, repealed § 41-1324. Former § 411324 pertained to lodging houses and derived from Ord. No. NS-2091, § 1, adopted November 19, 1990.

Sec. 41-1325. - Senior citizen establishments.

(a)

The minimum off-street parking requirements for senior citizen establishments, pertaining to spaces reserved for residents who are sixty-two (62) years of age or older, are as follows: one (1) space for each one-bedroom dwelling unit; one and one-half (1.5) spaces for each two-bedroom dwelling unit.

(b)

Of the spaces required by subsection (a), at least one (1) space per unit shall be in a garage or under a carport.

(c)

In addition to the requirements of subsection (a) of this section, senior citizen establishments shall provide guest parking spaces, identified as such, in an amount not less than fifteen (15) per cent of the minimum number of spaces required under subsection (a) of this section. Such guest parking spaces shall be open and outside of any secured area.

(Ord. No. NS-2091, § 1, 11-19-90)

Sec. 41-1326. - Bed and breakfast establishments.

The minimum off-street parking requirements for bed and breakfast establishments are as follows: one (1) space for each guest room, plus two (2) enclosed spaces for the operator of the establishment.

(Ord. No. NS-2091, § 1, 11-19-90)

Sec. 41-1327. - Fraternity and sorority houses and dormitories.

The minimum off-street parking requirements for fraternity and sorority houses and dormitories are as follows: one (1) space for each two (2) beds or one (1) space for each eighty (80) square feet of sleeping area, whichever is greater.

(Ord. No. NS-2091, § 1, 11-19-90)

Sec. 41-1328. - Trailer and mobile home parks.

(a)

The minimum off-street parking requirements for trailer or mobile home parks are as follows: two (2) spaces for each trailer unit.

(b)

Of the spaces required by subsection (a), at least one (1) space for each unit shall be covered.

(Ord. No. NS-2091, § 1, 11-19-90; Ord. No. NS-2340, § 11, 12-15-97)

Sec. 41-1329. - Caretaker quarters.

The minimum off-street parking requirements for caretaker quarters are as follows: two (2) spaces.

(Ord. No. NS-2091, § 1, 11-19-90)

Secs. 41-1330—41-1339. - Reserved.

DIVISION 3. - COMMERCIAL AND OFFICE STANDARDS

Sec. 41-1340. - Retail stores and service uses.

The minimum off-street parking requirements for retail and service uses not otherwise specified in this division are as follows: five (5) spaces for each one thousand (1,000) square feet of gross floor area.

(Ord. No. NS-2091, § 1, 11-19-90)

Sec. 41-1341. - Restaurants, cafes, etc.

(a)

The minimum off-street parking requirements for restaurants, cafes and other eating establishments are as follows:

(1)

Eight (8) spaces for each one thousand (1,000) square feet of gross floor area.

(2)

An outdoor dining area equal to or less than five hundred (500) square and serving an eating establishment of less than two thousand five hundred (2,500) square feet does not require additional off-street parking.

(3)

An outdoor dining area less than twenty-five (25) percent of the gross floor area of the eating establishment or one thousand (1,000) square feet, whichever is smaller, does not require additional off-street parking.

(4)

An outdoor dining area exceeding the thresholds established by subsection (2) and (3) above shall provide off-street parking at a rate of one (1) space per each two hundred and fifty (250) square feet of outdoor dining area above the thresholds.

(5)

An outdoor dining area located within the public-right-of way and approved in accordance with Article VI of Chapter 33 of the SAMC does not require additional off-street parking.

(b)

Each drive-through eating establishment shall have vehicular stacking lanes of at least eighty (80) feet from the center of the pick-up window or pay window, whichever is closer to the menu board; and eighty (80) feet from the order point or menu board to the beginning of the drive-through lane. Such stacking lanes shall be located so that they do not serve as entries to parking spaces.

(Ord. No. NS-2091, § 1, 11-19-90; Ord. No. NS-2340, § 12, 12-15-97; Ord. No. NS-2923, § 13, 9-16-17; Ord. No. NS-2987, § 8, 4-21-20; Ord. No. NS-3033, § 6, 12-20-22)

Sec. 41-1342. - Offices, business and professional.

The minimum off-street parking requirements for business and professional offices, including psychologists, are as follows: three (3) spaces for each one thousand (1,000) square feet of gross floor area.

(Ord. No. NS-2091, § 1, 11-19-90; Ord. No. NS-2340, § 13, 12-15-97)

Sec. 41-1343. - Open retail.

The minimum off-street parking requirements for plant nurseries (except for those in conjunction with a home improvement store), vehicle sales and other primarily open-air retail uses are as follows: two (2) spaces for each one thousand (1,000) square feet of display and storage area, plus four (4) spaces for each one thousand (1,000) square feet of office area.

(Ord. No. NS-2091, § 1, 11-19-90; Ord. No. NS-2340, § 14, 12-15-97)

Sec. 41-1344. - Hotels and motels.

(a)

The minimum off-street parking requirements for hotels and motels are as follows: one (1) space for each guest room, plus one (1) space for each ten (10) rooms, plus two (2) spaces for a manager's unit, if provided.

(b)

Except for facilities limited to the exclusive use of guests, parking shall be provided for restaurants, banquet facilities and other retail services or recreational uses included in a hotel or motel building or grounds in accordance with the requirements of this article for such uses.

(Ord. No. NS-2091, § 1, 11-19-90; Ord. No. NS-2340, § 15, 12-15-97)

Sec. 41-1345. - Reserved. 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.

(Ord. No. NS-2091, § 1, 11-19-90; Ord. No. NS-2340, § 16, 12-15-97; Ord. No. NS-2923, § 14, 9-16-17)

Sec. 41-1347. - Automobile repair and automobile servicing.

(a)

The minimum off-street parking requirements for automobile repair and automobile servicing facilities are as follows: Five (5) spaces for each one thousand (1,000) square feet of gross floor area.

(b)

Vehicle repair bays in automobile repair and automobile servicing facilities shall not be counted as parking spaces.

(Ord. No. NS-2091, § 1, 11-19-90; Ord. No. NS-2099, § 1, 12-17-90; Ord. No. NS-2118, § 15, 3-18-91; Ord. No. NS-2340, § 17, 12-15-97)

Sec. 41-1348. - Banks and financial institutions.

(a)

The minimum off-street parking requirements for banks and other financial institutions are as follows: four (4) spaces for each one thousand (1,000) square feet of gross floor area, plus two (2) spaces for each walkup automatic teller machine.

(b)

Each drive-in service window in a bank or other financial institution shall have a vehicular stacking lane of at least one hundred twenty (120) feet in length. Such stacking lane shall be located so that it does not serve as an entryway to parking spaces.

(Ord. No. NS-2091, § 1, 11-19-90; Ord. No. NS-2340, § 18, 12-15-97)

Sec. 41-1349. - Furniture and appliance stores.

The minimum off-street parking requirements for furniture and appliance stores are as follows: two (2) spaces for each one thousand (1,000) square feet of gross floor area.

(Ord. No. NS-2091, § 1, 11-19-90)

Sec. 41-1350. - Laundromats.

The minimum off-street parking requirements for laundromats are as follows: six (6) spaces for each one thousand (1,000) square feet of gross floor area.

(Ord. No. NS-2091, § 1, 11-19-90)

Sec. 41-1351. - Hospitals and other medical care facilities.

The minimum off-street parking requirements for hospitals and other medical care facilities [are as follows]: two (2) spaces for each patient bed.

(Ord. No. NS-2091, § 1, 11-19-90)

Sec. 41-1352. - Union halls.

The minimum off-street parking requirements for union halls are as follows: three (3) spaces for each one thousand (1,000) square feet of gross floor area of office area, plus one (1) space for each twenty-eight (28) square feet of assembly floor area.

(Ord. No. NS-2091, § 1, 11-19-90; Ord. No. NS-2340, § 19, 12-15-97)

Sec. 41-1353. - Bulk merchandise stores.

The minimum off-street parking requirements for bulk merchandise stores are as follows: eight (8) spaces for each one thousand (1,000) square feet of gross floor area.

(Ord. No. NS-2091, § 1, 11-19-90)

Sec. 41-1354. - Lumberyards.

The minimum off-street parking requirements for lumberyards are as follows: five (5) spaces for each one thousand (1,000) square feet of gross floor area of building space, plus two (2) spaces for each one thousand (1,000) square feet of outdoor sales or storage area.

(Ord. No. NS-2091, § 1, 11-19-90)

Sec. 41-1355. - Car washes.

(a)

The minimum off-street parking requirements for self-service car washes are as follows: two (2) spaces per washing bay. In addition, an area for vehicles of at least ten (10) feet by twenty (20) feet is to be provided adjacent to each air, water, vacuum and telephone facility.

(b)

The minimum off-street parking requirements for automatic car washes are as follows: two (2) spaces. Automatic car washes shall also have a vehicular stacking lane at least sixty (60) feet long at the entrance. An area for vehicles of at least ten (10) feet by twenty (20) feet shall also be provided adjacent to each air, water, vacuum and telephone facility.

(c)

The minimum off-street parking requirements for full-service car washes are as follows: five (5) spaces. Fullservice car washes shall also provide the following:

(1)

A drying area equal to at least twenty (20) parking spaces.

(2)

A vehicular approach lane at least one hundred twenty (120) feet in length.

(3)

An area for vehicles of at least ten (10) feet by twenty (20) feet adjacent to each air, water, vacuum and telephone facility.

(Ord. No. NS-2091, § 1, 11-19-90; Ord. No. NS-2340, § 20, 12-15-97)

Sec. 41-1356. - Indoor swap meets.

The minimum off-street parking requirements for indoor swap meets are as follows: ten (10) spaces for each one thousand (1,000) square feet of gross floor area.

(Ord. No. NS-2091, § 1, 11-19-90)

Sec. 41-1357. - Service stations.

(a)

The minimum off-street parking requirements for service stations which are limited to the dispensing of motor fuel are as follows: two (2) spaces.

(b)

The minimum off-street parking requirements for service stations having repair and/or retail facilities are as follows: one (1) space for each two hundred (200) square feet of gross floor area.

(c)

No additional spaces are needed for an automatic (drive-through) car wash, however, a sixty-foot stacking lane is required. Other types of car washes require parking as specified in this article.

(d)

Service stations shall also provide an area for vehicles of at least ten (10) feet by twenty (20) feet adjacent to each air, water, vacuum and telephone facility.

(e)

Vehicle repair bays in service stations shall not be counted as parking spaces.

(f)

Fifty (50) per cent of fuel island vehicle parking area may be counted toward not more than one-half (½) of the number of any parking spaces required due to floor area used for retail purposes (auto repair excluded).

(Ord. No. NS-2091, § 1, 11-19-90; Ord. No. NS-2340, § 21, 12-15-97)

Sec. 41-1358. - Motorcycle repair.

The minimum off-street parking requirement for motorcycle, ATV, motor scooter, moped, small engine and similar repair shops are as follows: one (1) space for each two hundred (200) square feet of gross floor area.

(Ord. No. NS-2340, § 22, 12-15-97)

Sec. 41-1359. - Banquet facilities.

Banquet facilities, as a freestanding use, shall be parked at the rate of one (1) parking stall per twenty-eight (28) s.f. of activity/assembly area.

Whenever the parking requirement for a banquet facility as an ancillary use exceeds the parking requirement for the primary use, the banquet facility shall be parked at the rate of one (1) parking stall per twenty-eight (28) s.f. of activity/assembly area. Provided however, banquet facilities ancillary to a restaurant or eating establishment shall be parked at the restaurant rate of ten (10) parking stalls per one thousand (1,000) s.f. of gross floor area.

(Ord. No. NS-2340, § 23, 12-15-97; Ord. No. NS-2446, § 24, 9-18-00)

Sec. 41-1360. - Car rental agencies.

The minimum off-street parking required for car rental agencies is one (1) space for each two hundred (200) square feet of gross floor area and one (1) space for each rental vehicle stored on-site.

(Ord. No. NS-2340, § 24, 12-15-97)

Sec. 41-1361. - Superstores.

The minimum off-street parking required for superstores is one (1) space for each two hundred (200) square feet of gross floor area.

(Ord. No. NS-2734, § 8, 2-5-07)

Secs. 41-1362—41-1369. - Reserved.

DIVISION 4. - ENTERTAINMENT AND RECREATIONAL USES AND INDOOR SPORT FACILITIES

Sec. 41-1370. - Golf driving ranges.

The minimum off-street parking requirements for golf driving ranges are as follows: one (1) space per driving tee.

(Ord. No. NS-2091, § 1, 11-19-90; Ord. No. NS-2340, § 25, 12-15-97)

Sec. 41-1371. - Golf courses, bowling alleys and batting cages.

(a)

The minimum off-street parking requirements for golf courses, including miniature golf courses, bowling alleys and batting cages are as follows: three (3) spaces per hole, alley or cage.

(b)

In addition, off-street parking for restaurants and other retail, service or recreational uses appurtenant to a golf course, bowling alley or batting cage shall be provided at a rate of seventy-five (75) per cent of the requirements of this article for such uses.

(Ord. No. NS-2091, § 1, 11-19-90; Ord. No. NS-2340, § 26, 12-15-97)

Sec. 41-1372. - Theaters and auditoriums.

(a)

The minimum off-street parking requirements for movie theaters, stage theaters and auditoriums are as follows: one (1) space for each three (3) fixed seats, plus one (1) space for each twenty-eight (28) square feet of assembly area.

(b)

Theaters and auditoriums shall also provide a passenger loading/unloading zone.

(Ord. No. NS-2091, § 1, 11-19-90)

Sec. 41-1373. - Stadiums, skating rinks, gymnasiums, sports arenas, convention facilities, etc.

(a)

The minimum off-street parking requirements for stadiums, skating rinks, gymnasiums, sports arenas, meeting and convention facilities, and similar places of public assembly are as follows: one (1) space for each four (4) fixed seats, plus one (1) space for each twenty-eight (28) square feet of assembly area.

(b)

Stadiums, skating rinks, gymnasiums, sports arenas, meeting and convention facilities and similar places of public assembly shall also provide a passenger loading/unloading zone.

(Ord. No. NS-2091, § 1, 11-19-90)

Sec. 41-1374. - Bingo parlors, pool halls and game arcades.

The minimum off-street parking requirements for bingo parlors, pool halls and game arcades are as follows: one (1) space for each four (4) seats in a bingo parlor, plus one (1) space for each video game, plus two (2) spaces for each pool table or other gaming device.

(Ord. No. NS-2091, § 1, 11-19-90)

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 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).

(Ord. No. NS-2091, § 1, 11-19-90; Ord. No. NS-2923, § 15, 9-16-17)

Sec. 41-1375.5. - Martial arts, gymnastics, and dance studios.

The minimum off-street parking requirement for martial arts, gymnastics, and dance studios where no food or beverage service is provided is as follows: one (1) space for each two hundred (200) square feet of gross floor area.

(Ord. No. NS-2340, § 27, 12-15-97)

Sec. 41-1376. - Lodges, clubs and dance halls.

The minimum off-street parking requirements for lodges without sleeping quarters, clubs and dance halls are as follows: one (1) space for each twenty-eight (28) square feet of assembly area.

(Ord. No. NS-2091, § 1, 11-19-90)

Sec. 41-1377. - Carnivals.

The minimum off-street parking requirements for carnivals are as follows: three (3) spaces for each booth or ride.

(Ord. No. NS-2091, § 1, 11-19-90)

Sec. 41-1378. - Circuses.

The minimum off-street parking requirements for circuses are as follows: one (1) space for each four (4) seats.

(Ord. No. NS-2091, § 1, 11-19-90)

Sec. 41-1379. - Dance clubs, cabarets, night clubs and bars.

The minimum off-street parking requirements for dance clubs, cabarets, night clubs and bars are as follows: one (1) space for each twenty-eight (28) square feet of assembly area.

(Ord. No. NS-2091, § 1, 11-19-90; Ord. No. NS-2100, § 2, 12-10-90)

Sec. 41-1380. - Unspecified entertainment or recreation uses or indoor sport facilities.

(a)

The minimum off-street parking requirement for any entertainment or recreation use or indoor sport facility which cannot reasonably be considered within the scope of any other section within this division are as follows: two (2) spaces for each one thousand (1,000) square feet of gross floor area, but in no case shall the parking be less than twenty (20) spaces.

(b)

The planning director shall determine which entertainment or recreation uses or indoor sport facilities are reasonably within another section of this division or are subject to the parking requirements of this section. Such determination may be appealed to the planning commission and the city council.

(Ord. No. NS-2776, § 8, 9-2-08)

Secs. 41-1381—41-1389. - Reserved. DIVISION 5. - INDUSTRIAL USES

Sec. 41-1390. - Manufacturing facilities.

(a)

The minimum off-street parking requirements for manufacturing uses are as follows: two (2) spaces for each one thousand (1,000) square feet of production area.

(b)

Office space exceeding thirty (30) per cent of the gross floor area of a manufacturing facility must meet the off-street parking requirements for office use.

(Ord. No. NS-2091, § 1, 11-19-90; Ord. No. NS-2340, § 28, 12-15-97)

Sec. 41-1391. - Warehouses distribution, wholesale, data centers and commercial storage uses.

(a)

The minimum off-street parking requirements for warehouses distribution, wholesale, data centers and commercial storage uses are as follows: One (1) space for each one thousand (1,000) square feet of gross floor area.

(b)

Office space exceeding thirty (30) per cent of the gross floor area of the warehouse or wholesale use must meet the off-street parking requirements for office use.

(c)

For purposes of this section, "distribution" means a facility which dispenses, divides, and/or deals goods or materials on a regular basis, other than sales at retail.

(Ord. No. NS-2091, § 1, 11-19-90; Ord. No. NS-2275, § 23, 12-18-95; Ord. No. NS-2340, § 29, 12-15-97; Ord. No. NS-2494, § 11, 4-15-02)

Editor's note— Ord. No. NS-2494, § 11, adopted April 15, 2002, changed the title of § 41-1391 from "Warehouses and distribution and wholesale uses" to "Warehouses distribution, wholesale, data centers and commercial storage uses." The historical notation has been preserved for reference purposes.

Sec. 41-1392. - Bulk storage yards and wholesale lumberyards.

The minimum off-street parking requirements for bulk storage yards and wholesale lumberyards are as follows: one (1) space for each ten thousand (10,000) square feet of lot area.

(Ord. No. NS-2091, § 1, 11-19-90)

Sec. 41-1393. - Salvage yards, wrecking yards and impound yards.

The minimum off-street parking requirements for salvage yards, wrecking yards and impound yards are as follows: four (4) spaces for each ten thousand (10,000) square feet of lot area.

(Ord. No. NS-2091, § 1, 11-19-90)

Sec. 41-1394. - Mini-warehouses.

(a)

The minimum off-street parking requirements for mini-warehouses are as follows:

(1)

For the first nine hundred (900) storage units: one (1) space for each one hundred fifty (150) units.

(2)

For storage units in excess of nine hundred (900): one (1) space for each three hundred (300) units.

(b)

The spaces required by subsection (a) of this section shall be located outside of any secured storage unit area.

(c)

Two (2) parking spaces shall be provided for any on-site management unit on a mini-warehouse site.

(d)

Vehicular aisles on mini-warehouse sites shall be at least thirty (30) feet wide.

(Ord. No. NS-2091, § 1, 11-19-90)

Sec. 41-1395. - Wholesale machinery and office equipment establishments.

The minimum off-street parking requirements for wholesale machinery and office equipment establishments are as follows: two (2) spaces for each one thousand (1,000) square feet of gross floor area.

(Ord. No. NS-2091, § 1, 11-19-90)

Sec. 41-1396. - Passenger transportation services.

The minimum off-street parking requirements for passenger transportation services are as follows: two (2) parking spaces per one thousand (1,000) square feet of building area and one (1) parking space for every two (2) fleet vehicles stored and intended for operation in connection with said use.

(Ord. No. NS-2340, § 30, 12-15-97; Ord. No. NS-2470, § 8, 5-21-01)

Sec. 41-1397. - Freight, bus and truck terminals.

The minimum off-street parking requirement for freight, bus and truck terminals is as follows: two (2) parking spaces per 1,000 square feet of building area, and one (1) parking space for every two fleet vehicles stored and intended for operation in connection with said use.

(Ord. No. NS-2470, § 9, 5-21-01)

Secs. 41-1398, 41-1399. - Reserved. DIVISION 6. - EDUCATIONAL USES

Sec. 41-1400. - Elementary schools and junior high schools.

The minimum off-street parking requirements for elementary schools and junior high schools are as follows: one and one-half (1½) spaces for each classroom, plus one (1) space for each three hundred thirty-three (333) square feet of office floor area.

(Ord. No. NS-2091, § 1, 11-19-90; Ord. No. NS-2340, § 31, 12-15-97)

Sec. 41-1401. - High schools.

The minimum off-street parking requirements for high schools are as follows: one (1) space for each one hundred fifty (150) square feet of classroom floor area, plus one (1) space for each three hundred thirtythree (333) square feet of office floor area.

(Ord. No. NS-2091, § 1, 11-19-90)

Sec. 41-1402. - Colleges, trade schools, business schools and adult education facilities.

The minimum off-street parking requirements for colleges, trade schools, business schools and adult education facilities are as follows: one (1) space for each forty (40) square feet of classroom floor area, plus one (1) space for each three hundred thirty-three (333) square feet of office floor area.

(Ord. No. NS-2091, § 1, 11-19-90)

Sec. 41-1403. - Museums, art galleries, amusement attractions and libraries.

(a)

The minimum off-street parking requirements for museums, art galleries, amusement attractions and libraries are as follows: one (1) space for each two hundred (200) square feet of floor area open to the public including assembly or conference facilities, and food facilities for the exclusive use of on-site patrons. Administrative office space is to be parked at one (1) space per three hundred thirty-three (333) feet of floor area. Restaurants open to the public are to be parked as provided for in this article.

(b)

Museums and libraries shall also provide one (1) bus parking stall for the first ten thousand (10,000) square feet of public area and one (1) space for each five thousand (5,000) square feet of floor area open to the public thereafter.

(c)

Museums, art galleries and libraries shall also provide a passenger loading/unloading zone.

(d)

Theaters in conjunction with such facilities shall be parked per the provisions of this article.

(Ord. No. NS-2091, § 1, 11-19-90; Ord. No. NS-2299, § 2, 9-3-96; Ord. No. NS-2340, § 32, 12-15-97)

Secs. 41-1404—41-1409. - Reserved. DIVISION 7. - MISCELLANEOUS USES

Sec. 41-1410. - Mortuaries and funeral homes.

The minimum off-street parking requirements for mortuaries and funeral homes are as follows: one (1) space for each four (4) fixed seats, plus one (1) space for each thirty-five (35) square feet of floor area in any seating area without fixed seats, plus one (1) space for each business vehicle.

(Ord. No. NS-2091, § 1, 11-19-90)

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.

(Ord. No. NS-2091, § 1, 11-19-90; Ord. No. NS-2923, § 16, 9-16-17)

Sec. 41-1412. - Child care facilities.

(a)

The minimum off-street parking requirements for child care facilities are as follows: one (1) space for each eight (8) individuals, plus one (1) space for each supervisor or teacher.

(b)

Child care facilities providing care or instruction to ten (10) or more individuals at any one (1) time shall also provide a passenger loading/unloading zone.

(Ord. No. NS-2091, § 1, 11-19-90; Ord. No. NS-2176, § 6, 9-21-92; Ord. No. NS-2340, § 33, 12-15-97; Ord. No. NS-2446, § 24, 9-18-00)

Sec. 41-1412.5. - Adult day care facilities.

(a)

Adult day care facilities shall be parked at the rate of one (1) space for each two hundred (200) square feet of activity or assembly area, plus one (1) space for each supervisor or teacher.

(b)

Whenever the parking requirement for an adult day care facility, as an ancillary use, exceeds the parking requirement for the primary use, the adult day care facility shall be parked at the rate of one (1) space for each two hundred (200) square feet of activity or assembly area, plus one (1) space for each supervisor or teacher.

(c)

Adult day care facilities providing care or instruction to ten (10) or more adults at any one (1) time shall also provide a passenger loading/unloading zone.

(Ord. No. NS-2446, § 25, 9-18-00)

Sec. 41-1413. - Public utility substations and communication facilities.

The minimum off-street parking requirements for public utility substations and communication facilities are as follows: one (1) combination parking space and loading/unloading zone.

(Ord. No. NS-2091, § 1, 11-19-90)

Sec. 41-1414. - Rectories, priories, convents and other residential accessory church uses.

The minimum off-street parking requirements for rectories, priories, convents and other residential accessory church uses are as follows: one (1) garage space per bedroom, plus spaces for guest parking equal to twenty-five (25) per cent of the total required for nonguest parking.

(Ord. No. NS-2176, § 7, 9-21-92)

Secs. 41-1415—41-1419. - Reserved. Sec. 41-1420. - Unspecified uses.

(a)

The minimum off-street parking requirements for 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 are as follows: five (5) spaces for each one thousand (1,000) square feet of gross floor area.

(b)

The minimum off-street parking requirements for any use conducted outside of a building which cannot reasonably be considered as within the scope of any other section of this article shall be determined by the planning director. Such determination may be appealed to the planning commission and the city council.

(Ord. No. NS-2091, § 1, 11-19-90)

Secs. 41-1421—41-1499. - Reserved.

ARTICLE XVI. - WATER EFFICIENT LANDSCAPE STANDARDS[[20]]

Footnotes:

--- ( 20 ) ---

Editor's note— Ord. No. NS-2891, § 2, adopted February 2, 2016, amended art. XVI, §§ 41-1500—41— 1504, in its entirety. Former art. XVI pertained to similar subject matter and was derived from Ord. No. NS2801, § 14, adopted December 23, 2009.

Sec. 41-1500. - Purpose.

(a)

The state legislature has found that:

(1)

The waters of the state are of limited supply and are subject to ever increasing demands.

(2)

The continuation of California's economic prosperity is dependent on the availability of adequate supplies of water for future uses.

(3)

It is the policy of the state to promote the conservation and efficient use of water and to prevent the waste of this valuable resource.

(4)

Landscapes are essential to the quality of life in California by providing areas for active and passive recreation and as an enhancement to the environment by cleaning air and water, preventing erosion, offering fire protection, and replacing ecosystems lost to development.

(5)

Landscape design, installation, maintenance, and management can and should be water efficient.

(6)

Article X, Section 2 of the California Constitution specifies that the right to use water is limited to the amount reasonably required for the beneficial use to be served, and the right does not and shall not extend to waste or unreasonable method of use of water.

(Ord. No. NS-2891, § 2, 2-2-16)

Sec. 41-1501. - Applicability.

(a)

Beginning March 2, 2016, and consistent with Executive Order No. (B-29-15) this article shall apply to the following landscape projects:

(1)

New landscape projects with an aggregate landscape area equal to or greater than five hundred (500) requiring a building or landscape permit, plan check or development review.

(2)

Rehabilitated landscape projects with an aggregate landscape area equal to or greater than two thousand five hundred (2,500) square feet, requiring a building or landscape permit, plan check, or development review.

(3)

New or rehabilitated landscape projects with an aggregate landscape of two thousand five hundred (2,500) square feet or less may comply with the performance requirements of this ordinance or conform to the prescriptive measures contained in the Guidelines for Implementation of the City of Santa Ana Water Efficient Landscape ("Guidelines") Appendix A as amended from time to time.

(4)

New or rehabilitated projects using recycled water or rain water captured on site, any lot or parcels within the project that has less than two thousand five hundred (2,500) square feet of landscape area and meets

the lot or parcel's landscape water requirement (Estimated Total Water Use) entirely with the recycled water or through stored rainwater capture on site is subject only to Appendix A of the Guidelines.

(b)

This Article does not apply to:

(1)

Registered local, state, or federal historical sites or other sites exempted by applicable federal or state law.

(2)

Ecological restoration projects that do not require a permanent irrigation system.

(3)

Mined-land reclamation projects that do not require a permanent irrigation system.

(4)

Plant collections, as part of botanical gardens and arboretums open to the public.

(Ord. No. NS-2891, § 2, 2-2-16)

Sec. 41-1502. - Implementation procedures.

(a)

Prior to installation, a Landscape Documentation Package shall be submitted to the City for review and approval of all landscape projects subject to the provisions of this Article. Any Landscape Documentation Package submitted to the City shall comply with the provisions of the Guidelines.

(b)

The Landscape Documentation Package shall include a certification by a professional appropriately licensed in the State of California stating that the landscape design and water use calculations have been prepared by or under the supervision of the licensed professional and are certified to be in compliance with the provisions of this Article and the Guidelines.

(1)

Landscape and irrigation plans shall be submitted to the City for review and approval with appropriate water use calculations.

(2)

Water use calculations shall be consistent with calculations contained in the Guidelines and shall be provided to the City under procedures determined by the City.

(3)

Verification of compliance of the landscape installation with the approved plans shall be obtained through a Landscape Installation Certification of Completion in conjunction with a Certificate Occupancy, Permit Final or Notice of Completion process, as provided in the Guidelines.

(Ord. No. NS-2891, § 2, 2-2-16)

Sec. 41-1503. - Landscape water use standards.

(a)

For applicable landscape installation or rehabilitation projects subject to section 41-1501(a) of this Code, the Estimated Applied Water Use allowed for the landscaped area shall not exceed the Maximum Applied Water Allowance (MAWA) calculated using an ET adjustment factor of 0.7, except for special landscaped areas where the MAWA is calculated using an ET adjustment factor of 1.0; or the design of the landscaped area shall otherwise be shown to be equivalently water-efficient in a manner acceptable to the City; as provided in the Guidelines.

(b)

Irrigation of all landscaped areas shall be conducted in a manner conforming to the rules and requirements, and shall be subject to penalties and incentives for water conservation and water waste prevention as determined and implemented by the city.

(Ord. No. NS-2891, § 2, 2-2-16)

Sec. 41-1504. - Definitions.

The following definitions are applicable to this article:

"Aggregate Landscape Areas" pertains to production home neighborhoods, common interest developments, or other situations where multiple parcels are undergoing development as one project, but will eventually be individually owned or maintained.

"City" means the City of Santa Ana, a charter city and municipal corporation, or its authorized designee.

"Ecological restoration project" means a project where the site is intentionally altered to establish a defined, indigenous, historic ecosystem.

"Estimated Applied Water Use" or "EAWU" means the annual total amount of water estimated to keep plants in a healthy state. It is based on the reference evapotranspiration rate, the size of the landscape area, plant water use factors, and the irrigation efficiency within each hydrozone.

"Evapotranspiration adjustment factor" or "ETAF" means a factor of 0.7, that when applied to reference evapotranspiration, adjusts for plant factors and irrigation efficiency, two major influences upon the amount of water that needs to be applied to the landscape. A combined plant mix with a site-wide average of 0.5 is the basis of the plant factor portion of this calculation. For purposes of the ETAF, the average irrigation efficiency is 0.71, therefore, the ET adjustment factor is (0.7)=(0.5/0.71). ETAF for a Special Landscape Area shall not exceed 1.0. ETAF for existing non-rehabilitated landscapes is 0.8.

"Guidelines" refers to the guidelines for Implementation of this Article, as adopted by the City, which describes procedures, calculations, and requirements for landscape projects subject to this Article. The Guidelines are consistent with the regional Orange County Model Ordinance and Guidelines.

"Landscaped area" means all the planting areas, turf areas, and water features in a landscape design plan subject to the Maximum Applied Water Allowance and Estimated Applied Water Use calculations. The landscaped area does not include footprints of buildings or structures, sidewalks, driveways, parking lots, decks, patios, gravel or stone walks, other pervious or non-pervious hardscapes, and other non-irrigated areas designated for non-development (e.g., open spaces and existing native vegetation).

subject to the Maximum Applied Water Allowance and Estimated Applied Water Use calculations. The landscaped area does not include footprints of buildings or structures, sidewalks, driveways, parking lots, decks, patios, gravel or stone walks, other pervious or non-pervious hardscapes, and other non-irrigated areas designated for non-development (e.g., open spaces and existing native vegetation).

"Landscape Documentation Package" means the package of documents that a project applicant is required to submit pursuant to section 2.1 of the Guidelines.

"Landscape Installation Certificate of Completion" means the certificate included as exhibit E of the Guidelines that must be submitted to the City pursuant to section 2.7(C) thereof.

"Landscape project" means total area of landscape in a project, as provided in the definition of "landscaped area," meeting the requirements under Section 41-1501 of this Code.

"Maximum Applied Water Allowance" or "MAWA" means the upper limit of annual applied water for the established landscaped area as specified in section 2.2 of the Guidelines. It is based upon the area's reference evapotranspiration, the ETAF, and the size of the landscaped area. The Estimated Applied Water Use shall not exceed the Maximum Applied Water Allowance.

"Mined-land reclamation projects" means any surface mining operation with a reclamation plan approved in accordance with the Surface Mining and Reclamation Act of 1975.

"New construction" means, for the purposes of this Article, a new building with a landscape or other new landscape such as a park, playground, or greenbelt without an associated building.

"Permit" means an authorizing document issued by local agencies for new construction or rehabilitated landscape.

"Rehabilitated landscape" means any re-landscaping project that requires a permit, plan check, or development review and meets the applicability criteria of the Guidelines where the modified landscape area is greater than two thousand five hundred (2,500) square feet.

"Synthetic Turf" means an acceptable no mow ground cover made of synthetic, non-living material which meets the criteria standards set forth in the City's Design and Development Standards.

"Turf" means a ground cover surface of mowed grass or synthetic turf which meets or exceeds the standards set forth in the Guidelines. Annual bluegrass, Kentucky bluegrass, Perennial ryegrass, Red fescue, and Tall fescue are cool-season grasses. Bermuda grass, Kikuyu grass, Seashore Paspalum, St. Augustine grass, Zoysia grass, Buffalo grass, Mexican Feather grass, Muhly grass, and Sedge grass are warm-season grasses.

"Water Efficient Landscape Ordinance" means Ordinance No. NS-2891, adopted by the City Council on January 19, 2016 (first reading), and codified in the Municipal Code in Chapter 41 Sections 1500—1504.

(Ord. No. NS-2891, § 2, 2-2-16)

Secs. 41-1505—41-1599. - Reserved.

ARTICLE XVI.I - DENSITY BONUS FOR AFFORDABLE HOUSING[[21]]

Footnotes:

--- ( 21 ) ---

Editor's note— Ord. No. NS-2485, adopted December 17, 2001, enacted provisions intended for use as article XVI, §§ 41-1600—41-1607. Inasmuch as there are already provisions so designated, and at the direction of the city, said provisions have been redesignated as article XVI.I, §§ 41-1600—41-1607.

The purpose of this article is to implement the mandatory provisions of California Government Code sections 65915 through 65918, as it may be amended from time to time (the "state density bonus law"), and to provide increased residential densities to developers who guarantee that a portion of their residential development will be available to low income, very low-income, or senior (also known as "qualified") households. The state density bonus law requires cities to adopt code provisions to specify the method by which the city will consider requests from housing developers seeking a density bonus for affordable or senior housing. The regulations are intended to materially assist the housing industry in providing adequate and affordable shelter for all economic segments of the community and to provide a balance of housing

opportunities for low income, very low-income, and senior households throughout the city. It is intended that the affordable housing density bonus and any additional development incentive be available for use in all residential developments. It is intended that this article be interpreted in a manner that accommodates the provisions of the state density bonus law, and that, unless otherwise indicated, definitions found in the state density bonus law shall apply to this article.

(Ord. No. NS-2485, § 3, 12-17-01)

Sec. 41-1601. - When density bonus for affordable housing regulations applies.

(a)

This article applies to any residential development of five or more dwelling units where an applicant proposes density beyond that permitted by the applicable designation of the general plan land use element in exchange for a portion of the total dwelling units in the development being reserved for low or very lowincome households or for senior citizens or qualified residents through a written agreement.

(b)

An applicant proposing development as provided in section 41-1601(a) shall be granted a density bonus as provided in sections 41-1602 and 41-1603 and may be granted an additional development incentive as provided in section 41-1604.

(Ord. No. NS-2485, § 3, 12-17-01)

Sec. 41-1602. - Density bonus for affordable housing agreement.

(a)

An applicant shall be granted a density bonus for any residential development for which an agreement is entered into by the applicant and the city as provided in this section.

(b)

An applicant seeking the grant of a density bonus shall, prior to submitting to the city an application for the proposed development project, submit a detailed, written preliminary proposal to the city's housing manager. Pursuant to section 65915(e) of the state density bonus law, if the applicant proposes a waiver or modification of the city's development standards, the applicant shall include sufficient, detailed information in its proposal to meet its burden to show that the waiver or modification is necessary to make the housing units economically feasible.

(1)

The city's housing manager shall within ninety (90) days of receipt of a written proposal, notify the housing developer in writing of the procedures under which the city will comply with this article as provided for in section 65915(d) of the state density bonus law.

(2)

If the proposed density bonus agreement includes deviation from any applicable city development standard, then a noticed public hearing shall be held as provided in section 41-1607.

(c)

The density bonus agreement shall include the following provisions:

(1)

At least twenty (20) per cent of the pre-bonus units in the development will be affordable, including an allowance for utilities, to low-income households at a rent that does not exceed thirty (30) per cent of sixty (60) per cent of area median income, as adjusted for assumed household size; or

(2)

At least ten (10) per cent of the pre-bonus units in the development will be affordable, including an allowance for utilities, to very low-income households at a rent that does not exceed thirty (30) per cent of fifty (50) per cent of the area median income, as adjusted for assumed household size; or

(3)

At least fifty (50) per cent of the total units will be available to senior citizens or qualifying residents as defined under California Civil Code section 51.3.

(4)

The affordable units will remain available and affordable as provided in this section for a period of at least thirty (30) years if an additional development incentive is granted to the applicant as provided in section 411604 or ten (10) years if an additional development incentive is not granted. If an applicant does not request an additional development incentive, the applicant shall submit a pro forma analysis for the housing manager to document project feasibility.

(5)

The affordable units shall be designated units which are comparable in bedroom mix and amenities to the market-rate units in the development and are dispersed throughout the development.

(6)

Provisions shall be made in the density bonus agreement for certification of eligible tenants and purchasers, annual certification of property owner compliance, and payment of a monitoring fee, as set from time to time by resolution, for monitoring of affordable unit requirements.

(d)

The developer shall, after reaching agreement with the housing manager on a proposed density bonus agreement, submit the same to the city council for its approval or rejection pursuant to section 421 of the city's charter. If the proposed density bonus agreement includes a proposal for a deviation pursuant to section 41-1606 of the Code, then the city council shall consider the matter only if, after compliance with section 41-1607, the planning commission, or city council on appeal, approves the deviation.

(Ord. No. NS-2485, § 3, 12-17-01)

Secs. 41-1603. - Reserved.

Sec. 41-1604. - Density bonus provisions.

A residential development proposal requesting a density bonus for affordable housing is subject to the following:

(a)

The development shall be permitted a density bonus of the amount of units requested by the applicant, up to a total project dwelling unit count of one hundred twenty-five (125) per cent of the units permitted by the density regulations of the applicable designation of the general plan land use element.

(b)

If the development is located in two (2) or more land use designations, the number of dwelling units permitted in the development shall be the sum of the dwelling units permitted in each of the land use designation. Within the development, the permitted number of dwelling units may be distributed without regard to the zone or land use designation boundaries.

(Ord. No. NS-2485, § 3, 12-17-01)

Sec. 41-1605. - Additional development incentive for affordable housing.

In accordance with the provisions of section 65915 of the state density bonus law, the city may grant a development incentive in addition to the twenty-five (25) per cent density bonus. The additional development incentive may consist of any incentive recognized by the state density bonus law.

(Ord. No. NS-2485, § 3, 12-17-01)

Sec. 41-1606. - Deviation to allow for additional development incentive.

Section 69515(e) of the state density bonus law provides that the city shall establish procedures for waiving or modifying development and zoning standards that would otherwise inhibit the utilization of the density bonus on specific sites. Pursuant to this provision, an applicant may request a deviation from the applicable development regulations on a site specific basis, as an additional development incentive for affordable housing, provided that an approval is obtained pursuant to section 41-1607.

(Ord. No. NS-2485, § 3, 12-17-01)

Sec. 41-1607. - Deviations from density bonus and affordable housing provisions.

(a)

A deviation from the provisions of either section 41-1604 or section 41-1605, by waiver or modification of development or zoning standards as specified in section 65915(h) of the state density bonus law, may be requested at the time of application for development project plan approval pursuant to section 41-668 et seq. and after agreement between the developer and the housing manager of the terms of a proposed density bonus agreement, and shall be granted only if, following a noticed public hearing, the planning commission approves or conditionally approves the application upon making the following findings:

(1)

The proposed development will materially assist in accomplishing the goal of providing affordable housing opportunities in economically balanced communities throughout the city.

(2)

The development will not be inconsistent with the purpose of the underlying zone or applicable designation in the general plan land use element.

(3)

The deviation is necessary to make it economically feasible for the applicant to utilize a density bonus authorized for the development pursuant to section 41-1603.

(b)

The decision of the planning commission on an application for deviation from may be appealed to or placed before the city council pursuant to section 41-645 of the Code.

(Ord. No. NS-2485, § 3, 12-17-01)

Secs. 41-1608—1649. - Reserved.

ARTICLE XVI.II. - ADAPTIVE REUSE

The purpose of this adaptive reuse article is to provide alternative building and fire standards for the conversion of eligible buildings, or portions thereof, in project incentive areas from nonresidential uses to dwelling units, guest rooms or joint living and work quarters. The alternative building standards are designed to provide a reasonable level of safety to the building occupants and are in conformance with the provisions of Section 17958.11 of the California Health and Safety Code.

(Ord. No. NS-2874, § 3, 12-2-14)

(a)

Adaptive reuse project - Any change of use from nonresidential use to dwelling units, guest rooms or joint living and work quarters in all or any portion of any eligible building.

(b)

Eligible building - Any building within a project incentive area that was constructed in accordance with building and zoning codes in effect prior to July 1, 1974, or which has been determined to be a historically significant building.

(c)

Historically significant building - Any building that is listed on the National Register of Historic Places, the California Register of Historical Resources, or the City of Santa Ana Register of Historical Properties, or is eligible for such listing based on the criteria of each respective listing process.

(d)

Nonresidential use - Any use other than dwelling units, guest rooms or joint living and work quarters.

(e)

Project Incentive Area - An area of the city eligible for an adaptive reuse project. These areas include properties located in the midtown specific plan zoning district (SP-3); the transit zoning code district (SD84); the North Main Street Corridor on both sides of Main Street from Seventeenth Street to the northernmost Main Place Drive; and, the East First Street Corridor on both sides of First Street from Grand Avenue to Elk Lane.

(Ord. No. NS-2874, § 4, 12-2-14)

The change of use of an existing, economically obsolete building into a new, more productive use such as apartments, condominiums or live/work units is permitted subject to compliance with the following standards:

a)

Eligibility. Projects must meet the following criteria to be an eligible adaptive reuse project:

1.

Project site shall be located in one of the project incentive areas, as defined in section 41-1651(e).

2.

The building must be an eligible building, as defined in section 41-1651(b).

b)

Development standards. Adaptive reuse projects shall, at a minimum, be in compliance with the following development standards:

1.

The residential units shall be a minimum of five hundred (500) square feet in size.

2.

The ground floor of a multi-level building with three (3) stories or more containing street frontage shall be used as commercial/retail space.

3.

Common area spaces for the building, such as lobbies and recreation rooms, when located on the ground floor, may not exceed fifty (50) percent of the ground floor square footage.

4.

Open space shall be provided at a rate of ten (10) percent of the building square footage, and may be public or private and shall be disbursed throughout the building. At least twenty-five (25) percent of the open space shall be in the form of a community/recreation room(s). The remaining open space may consist of private balconies (fifty (50) square feet minimum), pool and spa areas, and public courtyards. Public courtyards shall include seating areas, enhanced landscaping, barbeque areas and other amenities as determined by the planning division.

5.

Historically significant buildings shall comply with chapter 30 of this Santa Ana Municipal Code, façade easements and any other related historic guidelines, including the Secretary of the Interior Standards for any necessary exterior modifications.

c)

Project incentives. Adaptive reuse projects that comply with the development standards are eligible for the following project incentives:

The project can exceed the maximum general plan density for the site provided the adaptive reuse project is in compliance with the development standards.

2.

Existing building setbacks may remain and shall be considered legal nonconforming, but no further encroachments shall be permitted into any nonconforming setback.

3.

The height of the structure, if it exceeds the maximum height of the zoning district, may remain and shall be considered legal nonconforming, and any rooftop construction shall be included within the height exemption.

4.

A new loading zone shall not be required if the existing building does not have an existing loading zone.

5.

New parking spaces shall not be required for any converted use within the building, but any new square footage that includes any new units shall require additional parking at a minimum rate of two (2) spaces per unit.

(Ord. No. NS-2874, § 5, 12-2-14; Ord. No. NS-2881, § 3, 9-1-15)

Sec. 41-1653. - Zoning.

Residential uses shall be allowed in the project incentive areas irrespective of the underlying zoning as part of an approved adaptive reuse project.

(Ord. No. NS-2874, § 6, 12-2-14)

Sec. 41-1654. - Alternative building standards for adaptive reuse projects.

(a)

The alternative building regulations adopted pursuant to this section shall be applicable in project incentive areas. The alternative building regulations need not impose the same requirements as regulations adopted pursuant to California Health and Safety Code Section 17922, but in permitting repairs, alterations, and additions necessary to accommodate adaptive reuse projects, the alternative building regulations shall impose such requirements as will, in the determination of the building official, protect the public health, safety, and welfare.

(b)

Alternate material, design, or method of construction. The property owner must submit an application for an alternate material, design, or method of construction in accordance with chapter 8 of the Santa Ana

Municipal Code. Upon receipt of such application, the building official shall have the authority to review and grant approval when the proposed design is found satisfactory and complies with the intent of the provisions of current building codes in effect, and that the material, method or work offered is justified by current accepted performance based engineering and analysis in assessing quality, strength, effectiveness, fire resistance, durability, and safety.

(c)

The building official shall review adaptive reuse project proposals on a case-by-case basis, and may require pre-submittal meetings at his or her discretion.

(d)

Nothing in this section shall be construed to allow the reduction of the seismic or fire and life safety elements of an eligible building where such elements provide a greater level of protection than the minimum requirements established by this section.

(Ord. No. NS-2874, § 7, 12-2-14)

Sec. 41-1655. - Alternative fire standards for adaptive reuse projects.

(a)

Subject to the approval of OCFA, the use or occupancy of an eligible building shall be allowed to be changed as part of an adaptive reuse project, and the eligible building is allowed to be occupied for purposes in other groups without conforming to all of the requirements of the California Fire Code (and the California Building Code when applicable) for those groups, provided the new or proposed use is less hazardous, based on life and fire risk, than the existing use. The provisions of the California Fire Code (and the California Building Code when applicable) are not intended to prevent the installation of any material or to prohibit any method of construction not specifically prescribed by the California Fire Code, provided that any such alternative has been approved.

(b)

Alternative materials and methods (AM&M). The property owner must submit an AM&M application for any Adaptive Reuse Project to the Orange County Fire Authority (OCFA). OCFA is authorized to approve an AM&M for construction where OCFA finds that the proposed design is satisfactory and complies with the intent of the provisions of the California Fire Code, and that the material, method or work offered is, for the purpose intended, at least equivalent of that prescribed in the California Fire Code in quality, strength, effectiveness, fire resistance, durability and safety.

(c)

Fire life safety (FLS) report. A feasibility study or FLS report is required to be provided by the property owner to assist OCFA to identify the status of subject adaptive reuse project. The FLS report is intended to identify the eligible building's existing features and evaluate it against the current code requirements. OCFA will review the FLS report and evaluate the proposal for final recommendations.

(d)

OCFA shall review adaptive reuse project proposals on a case-by-case basis, and may require presubmittal meetings at its discretion.

(e)

Modifications. Whenever there are practical difficulties involved in carrying out the provisions of the California Fire Code, OCFA shall have the authority to grant modifications for individual cases, provided OCFA shall first find that special individual reasons make the strict letter of the California Fire Code impractical and the modification is in compliance with the intent and purpose of the California Fire Code and that such modification does not lessen health, life and fire safety requirements.

(Ord. No. NS-2874, § 8, 12-2-14)

Sec. 41-1656. - Alternate public works agency standards for adaptive reuse projects.

(a)

The public works agency may adopt alternate standards for projects within project incentive areas. The public works agency need not impose the same requirements as regulations permitting repairs, alterations, and additions necessary to accommodate adaptive reuse projects, but shall impose such requirements as will, in the determination of the executive director, protect the public health, safety, and welfare.

(b)

The executive director shall review adaptive reuse project proposals on a case-by-case basis, and may require pre-submittal meetings at his or her discretion.

(Ord. No. NS-2874, § 9, 12-2-14)

Secs. 41-1657—1699. - Reserved.

ARTICLE XVII. - ADULT ENTERTAINMENT BUSINESSES

Sec. 41-1700. - Specific purposes.

In addition to the general purposes listed in section 41-1, the specific purposes of this article are to:

(a)

Establish a procedure which places strict limits on processing time and eliminates any possibility for the exercise of unfettered discretion in reviewing applications for establishing adult entertainment businesses.

(b)

Ensure orderly and thorough city review of applications for certain adult entertainment businesses including but not limited to adult business uses.

(c)

Establish reasonable and uniform regulations that will reduce possible adverse secondary effects that adult entertainment businesses may have upon the residents of the city and preserve the integrity of existing

commercial areas of the city and of residential areas which are in close proximity to such commercial areas.

(d)

To protect the rights conferred by the United States Constitution to adult entertainment businesses in a manner that ensures the continued and orderly development of property within the city and diminishes those undesirable negative secondary effects that recognized studies have shown to be associated with the development and operation of adult entertainment businesses.

(e)

To allow a process whereby the unusual site development features or operating characteristics of uses which must comply with this article may be conditioned through an individual review, in order to be compatible with the surrounding uses of property, while preserving the applicant's rights to objective standards and prompt administrative and judicial review.

(Ord. No. NS-2373, § 8, 12-7-98)

Sec. 41-1701. - Definitions.

The words and phrases, whenever used in this article, shall be construed as defined in sections 41-1701.1 —41-1701.11, unless from the context a different meaning is intended or unless a different meaning is specifically defined and more particularly directed to the use of such words or phrases. The words used in the present tense include the future tense, and words in the singular number include the plural number.

(Ord. No. NS-2373 § 8, 12-7-98)

Sec. 41-1701.1. - Day care.

The term "day care" as used in this article shall mean only those day care facilities that are licensed by the State of California.

(Ord. No. NS-2373 § 8, 12-7-98)

Sec. 41-1701.2. - Establishment of an adult entertainment business.

As used herein, to "establish" an adult entertainment business shall mean and include any of the following:

(1)

The opening or commencement of any adult entertainment business as a new business;

(2)

The conversion of an existing business, whether or not an adult entertainment business, to any adult entertainment business defined herein;

(3)

The addition of any of the adult entertainment businesses defined herein to any other existing adult entertainment business; or

(4)

The relocation of any such adult entertainment business.

(Ord. No. NS-2373 § 8, 12-7-98)

Sec. 41.1701.3. - Residential zone.

As used herein, "residential zone" shall mean those areas of the city, or surrounding jurisdictions, which are designated as residential pursuant to the land use element of the jurisdiction's general plan.

(Ord. No. NS-2373 § 8, 12-7-98)

Sec. 41.1701.4. - Specified anatomical areas.

As used herein, "specified anatomical areas" shall mean and include any of the following:

(1)

Less than completely and opaquely covered human (i) genitals or pubic region; (ii) buttocks; and (iii) female breast below a point immediately above the top of the areola;

(2)

Human male genitals in a discernibly turgid state, even if completely and opaquely covered;

(3)

Any device, costume or covering that simulates any of the body parts included in subsections (1) or (2) above.

(Ord. No. NS-2373 § 8, 12-7-98)

As used herein, "specified sexual activities" shall mean and include any of the following, whether performed directly or indirectly through clothing or other covering:

(1)

The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breast;

(2)

Sex acts, actual or simulated, including intercourse, oral copulation, or sodomy;

(3)

Masturbation, actual or simulated;

(4)

Excretory functions as part of or in connection with any of the other activities described in subsections (1) through (3) of this section.

(Ord. No. NS-2373 § 8, 12-7-98)

As used in this article, the term "adult entertainment businesses" means any one (1) of the following:

(1)

Adult arcade. The term "adult arcade" as used in this chapter, is an establishment where, for any form of consideration, one (1) or more still or motion picture projectors, or similar machines, for viewing by five (5) or fewer persons each, are used to show films, computer generated images, motion pictures, video cassettes, slides or other photographic reproductions [that] regularly feature, but in no event more than twenty (20) per cent of the number of which, are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.

(2)

Adult bookstore. The term "adult bookstore" as used in this chapter, is an establishment that regularly features, but in no event has more than twenty (20) per cent of its stock in trade in books, magazines, periodicals or other printed matter, or of photographs, films, motion pictures, video cassettes, slides, tapes, records or other form of visual or audio representations which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities and or specified anatomical areas.

(3)

Adult cabaret. The term "adult cabaret" as used in this chapter, means a cabaret, restaurant, or similar business establishment which: (1) regularly features live performances which are distinguished or characterized by an emphasis upon the display of specified anatomical areas or specified sexual activities; and/or (2) which regularly features live performances by persons who appear semi-nude.

(4)

Adult hotel/motel. The term "adult hotel/motel" as used in this chapter, means a hotel or motel or similar business establishment offering public accommodations for any form of consideration which, (1) provides patrons with closed-circuit television transmissions, films, computer generated images, motion pictures, video cassettes, slides, or other photographic reproductions that regularly feature, but in no event more than twenty (20) per cent of the number of which, are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas; and (2) rents, leases, or lets any room for less than a six-hour period, or rents, leases, or lets any single room more than twice in a twenty-four-hour period.

(5)

Adult motion picture theater. The term "adult motion picture theater" as used in this chapter, is a business establishment where, for any form of consideration, films, computer generated images, motion pictures, video cassettes, slides or similar photographic reproductions are shown, and regularly feature, but in no

event more than twenty (20) per cent of the number of which, are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.

(6)

Adult theater. The term "adult theater" as used in this chapter, means a legitimate theater, concert hall, auditorium, or similar establishment primarily devoted to theatrical performances which, for any form of consideration regularly features live performances which are distinguished or characterized by an emphasis on the display of specified anatomical areas or specified sexual activities.

(7)

Modeling studio. The term "modeling studio" as used in this chapter, means a business which meets the definition of a figure modeling studio pursuant to article IV of chapter 12 of this Code or which provides, for pecuniary compensation, monetary or other consideration, hire or reward, figure models who, for the purposes of sexual stimulation of patrons, display "specified anatomical areas" to be observed, sketched, photographed, painted, sculpted or otherwise depicted by persons paying such consideration. "Modeling studio" does not include schools maintained pursuant to standards set by the state board of education. "Modeling studio" further does not include a studio or similar facility owned, operated, or maintained by an individual artist or group of artists, and which does not provide, permit, or make available "specified sexual activities."

(Ord. No. NS-2373 § 8, 12-7-98)

Sec. 41-1701.7. - Religious institution.

The term "religious institution" as used in this article, is a structure which is used primarily for religious worship and related religious activities.

(Ord. No. NS-2373 § 8, 12-7-98)

Sec. 41-1701.8. - Distinguished or characterized by an emphasis upon.

As used in this article, the term "distinguished or characterized by an emphasis upon" shall mean and refer to the dominant or essential theme of the object described by such phrase. For instance, when the phrase refers to films which are "distinguished or characterized by an emphasis upon" the depiction or description of specified sexual activities or specified anatomical areas, the films so described are those whose dominant or predominant character and theme are the depiction of the enumerated sexual activities or anatomical areas. See Pringle v. City of Covina, 115 Cal.App.3d 151 (1981).

(Ord. No. NS-2373 § 8, 12-7-98)

Sec. 41-1701.9. - Regularly features.

The term "regularly features" with respect to an adult entertainment business means a regular and substantial course of conduct. For purposes of an adult theater or adult cabaret the fact that live performances which are distinguished or characterized by an emphasis upon the display of specified anatomical areas or specified sexual activities occurs on two (2) or more occasions within a thirty-day period; three (3) or more occasions within a sixty-day period; or four (4) or more occasions within a one-

hundred-eighty-day period, shall to the extent permitted by law be deemed to be a regular and substantial course of conduct.

(Ord. No. NS-2373 § 8, 12-7-98)

The term "school" as used in this article shall mean any child or day care facility, or an institution of learning for minors, whether public or private, offering instruction in those courses of study required by the California Education Code and maintained pursuant to standards set by the state board of education. This definition includes a nursery school, kindergarten, elementary school, middle or junior high school, senior high school, or any special institution of education, but it does not include a vocational or professional institution of higher education, including a community or junior college, college, or university.

(Ord. No. NS-2373 § 8, 12-7-98)

Sec. 41-1701.11. - Semi-nude.

The term "semi-nude" as used in this article shall mean a state of dress in which clothing covers no more than the genitals, pubic region, buttocks, areola of the female breast, as well as portions of the body covered by supporting straps or devices.

(Ord. No. NS-2373 § 8, 12-7-98)

Sec. 41-1702. - Permitted zones and locations for adult entertainment businesses.

(a)

No adult entertainment business may be located within the city, except in one (1) of the following zoning districts: C2, C3, C4, CR, M1 and M2.

(b)

No adult entertainment business may be located within the city unless it meets the following distance criteria:

(1)

The proposed adult entertainment business is more than one thousand (1,000) [feet from] any other existing adult entertainment business.

(2)

The proposed adult entertainment business is more than one thousand (1,000) feet from any existing public premises as defined in the Business and Professions Code selling liquor or beer for consumption on the premises as its primary business.

(3)

The proposed adult entertainment business is more than one thousand (1,000) feet from any existing public dance halls as defined in section 11-1.

(4)

The proposed adult entertainment business is more than one thousand (1,000) feet from any existing massage establishment as defined in section 22-1.

(5)

The proposed adult entertainment business is more than one thousand (1,000) feet from any existing peep show establishment as defined in section 12-22.

(6)

The proposed adult entertainment business is more than one thousand (1,000) feet from any existing residential zone, park, day care, child care facility, religious institution or school.

(7)

The proposed adult entertainment business is more than one hundred twenty-five (125) feet from the rightof-way line of any freeway or street designated as an arterial in the current circulation element of the general plan. This distance shall be measured along a straight line from the right of way line, as shown on the city's official map, to the parcel line of the proposed adult entertainment business, without regard to intervening structures.

(8)

The distances set forth in subsections (1) through (6), above, shall be measured as a radius from the primary entrance of the proposed adult entertainment business to the property lines of the parcel so zoned or used, without regard to intervening structures.

(9)

Any waiver of the provisions of this subsection shall be pursuant to the provisions of division 1 of article V of this chapter; provided, however, that any such application shall be reviewed and determined as provided in section 41-1705 of this Code.

(Ord. No. NS-2373 § 8, 12-7-98; Ord. No. NS-2446, § 26, 9-18-00)

Sec. 41-1703. - Adult entertainment business land use permit requirements.

(a)

Permit required. No adult entertainment business may be operated or established within the city by right; all persons wishing to operate or establish an adult entertainment business within the city must apply for and obtain a ministerial adult entertainment business land use permit under this article. The city's development project plan approval process, set forth at section 41-668 et seq. of this Code, shall not apply to applications solely for the issuance of an adult entertainment business land use permit under this article.

(b)

Application. Any person desiring to operate or establish an adult entertainment business within the city shall file with the planning and building agency an adult entertainment business land use permit application on a standard application form supplied by the planning and building agency.

(c)

Existing adult entertainment businesses. The city council declares that all adult entertainment businesses legally established as of the effective date of Ordinance No. NS-2373 shall not be deemed to be nonconforming to chapter 41, as amended, for failure to seek and obtain an adult entertainment business land use permit for a period of one (1) year. The city council further declares that all legally established adult entertainment businesses, as that term is defined in this article, shall be deemed to be conforming for the use or uses specified in any conditional use permit or live entertainment permit issued to the use. For the purposes of this article the adult entertainment businesses located at the following addresses shall be deemed to be legally established: 213 North Harbor Boulevard, 225 North Harbor Boulevard, 1109 North Harbor Boulevard, 2721 West Edinger Avenue, and 2701 East Edinger Avenue.

(Ord. No. NS-2373 § 8, 12-7-98)

Sec. 41-1704. - Permit—Contents of application.

(a)

Initiation. The permit process shall be initiated by the filing of a complete application with the executive director. The executive director shall determine the completeness of the application within thirty (30) calendar days of its submittal.

(b)

Contents. The city council, by resolution, shall set forth the contents required for such applications for an adult entertainment business land use permit.

(Ord. No. NS-2373 § 8, 12-7-98)

Sec. 41-1705. - Same—Decision to grant or deny.

(a)

Action on application. The planning manager or designee shall act as the decision-maker on the application and shall ministerially grant or deny an application for an adult entertainment business land use permit.

(b)

Investigation. Upon the filing of a completed application, the decision-maker shall cause to be made an appropriate investigation, including consultation with other city agencies and inspection of the premises as needed. Consultation is not grounds for the city to unilaterally delay in reviewing a completed application.

(c)

Notice and hearing.

(1)

An application for an adult entertainment business land use permit shall be mailed and noticed at least fourteen (14) days prior to the public hearing as follows:

i.

By mail, to the property owner and the project applicant, if different;

ii.

By mail to all owners of property within three hundred (300) feet of the site boundaries, as shown on the latest equalized tax assessment roll; and

iii.

By posting along public streets within three hundred (300) feet of the site boundaries.

(2)

The decision-maker shall conduct the public hearing as prescribed in section 3-4 of this Code. In reaching a decision on an application, the decision-maker shall not be bound by the formal rules of evidence.

(d)

Time for hearing. After the investigation has been completed the decision-maker shall conduct a noticed public hearing, as prescribed by this section, on the application for an adult entertainment business land use permit.

(e)

Action on application. The decision-maker shall render a decision on the application for an adult entertainment business land use permit within thirty (30) days of receiving a complete application. The decision shall be made no later than the same day as the final hearing on the application, and if not in writing, a written decision shall be prepared within three (3) business days of the decision. As provided in subsection 1-19(d) of this Code, the written decision shall state that the time within which judicial review of the decision must be sought is governed by Code of Civil Procedure § 1094.6. The failure of the decisionmaker to render such a decision within this time frame shall be deemed to constitute a denial.

(f)

Final decision. The decision-maker's written decision shall be hand delivered or mailed to the applicant, and shall be final.

(g)

Court proceedings. All challenges to the decision-maker's action shall be governed by the provisions of Code of Civil Procedure § 1094.5, except that the city shall prepare and certify the administrative record of

proceedings, should it be requested by the petitioner, within thirty (30) days of the request.

(Ord. No. NS-2373 § 8, 12-7-98)

(a)

Findings. The decision-maker shall ministerially approve an application for an adult entertainment business land use permit subject to its compliance with this article, where the information submitted by the applicant substantiates the following findings:

(1)

The proposed use complies with the applicable development and design requirements of the underlying zoning district in which it is to be located and with the applicable standards of this article.

(2)

The proposed use will provide and maintain wastewater to establish and maintain an unrestricted flow in sanitary sewers during average and peak conditions as established by the city's approved sewer master plan, as amended from time to time.

(3)

The proposed use will provide and maintain solid waste services to establish and maintain a level of service consistent with the city's approved source reduction and recycling element.

(4)

The proposed use is located in a zoning district in which an adult entertainment business is permitted pursuant to subsection 41-1702(a).

(5)

The adult entertainment business meets the distance criteria of subsection 41-1702(b), which shall be measured as of the date of the completed application.

(6)

The proposed use does not involve an applicant, if an individual, or any of the officers or general partners of an applicant, if a corporation or partnership, that have been found guilty or pleaded nolo contendere within the past four (4) years to a misdemeanor or a felony classified by the state as a sex or sex-related offense.

(7)

The applicant has not submitted false or misleading information on the application.

(8)

The applicant has not had an application for an adult entertainment business land use permit denied or revoked in the twelve (12) months preceding the date of the current application.

(Ord. No. NS-2373 § 8, 12-7-98)

Any adult entertainment business land use permit approved pursuant to this article shall become null and void unless the proposed use is established within one (1) year of the date from the approval. The permit holder may apply for a single one-year extension of the permit, provided that such application is filed prior to the expiration of the permit. Any application for an extension shall be reviewed by the same procedure as the original permit application. For purposes of this section, a proposed use shall be deemed to be established if a building permit for the project has been issued and construction diligently pursued; or, a certificate of occupancy has been issued; or, a complete application for an extension has been submitted.

(Ord. No. NS-2373 § 8, 12-7-98)

(a)

Findings. Any permit issued pursuant to the provisions of this article may be revoked by the city on the basis of any of the following:

(1)

The business or use has been conducted in a manner which violates the provisions of this article, the permit itself, fails to conform to the plans, specifications or procedures described in the application, or which violates the occupant load limits set by the fire marshal.

(2)

The permittee has failed to obtain or maintain all required city, county, and state licenses and permits.

(3)

The permit is being used to conduct an use different from that for which it was issued.

(4)

The permittee has misrepresented a material fact in the application for permit or has not answered each question therein truthfully.

(5)

Due to changes in on-site conditions, the adult entertainment business lacks sufficient on-site parking area for employees and the public under the standards set forth in the city's parking ordinance, except for an existing use that is legal and nonconforming with respect to parking.

(6)

The permitted business creates sound levels which violate the noise control ordinance of the city.

(7)

That the use for which the approval was granted has been discontinued, ceased to exist or has been suspended for a continuous period of six (6) months or more.

(b)

Notice of hearing. The grantor of the permit shall notice and conduct a public hearing, as prescribed in this Code, on the proposed permit revocation.

(c)

Hearing. The planning manager or designee shall conduct the revocation hearing and hear testimony regarding the proposed revocation from any interested party. The hearing body shall not be bound by the formal rules of evidence at the hearing.

(d)

Notice. Written notice of hearing on the proposed permit revocation, together with written notification of the specific grounds of complaint against the permittee, shall be personally delivered or sent by certified mail to the permittee at least ten (10) days prior to the hearing.

(e)

Decision. The grantor shall revoke, not revoke, or not revoke but add conditions to, the permittee's adult entertainment business land use permit.

(f)

Decision and notice. Within ten (10) working days of the conclusion of the hearing, the decision-maker shall render a decision supported by written findings. A copy of the decision and written findings shall be mailed to the owner of the use or structure for which the permit was revoked and to any other person who has filed a written request for such notice.

(g)

Time for decision. The decision-maker shall make its decision within thirty (30) days of the public hearing.

(h)

Appeal of decision or call for review. If the decision on revocation is made by the planning manager or designee, any interested person may appeal the decision to the planning commission, or the decision may be reviewed by the city council pursuant to a call for review by the council, pursuant to subsection 41645(c).

(i)

Effective date. The effective date of a decision to revoke an adult entertainment business land use permit shall be as provided in section 41-645.

(j)

Renewal. In the event a permit is revoked pursuant to this article, another adult entertainment business land use permit shall not be granted to the permittee or on the site of the permit within twelve (12) months after the date of such revocation.

(Ord. No. NS-2373 § 8, 12-7-98)

Sec. 41-1709. - Grant of authority.

(a)

No person may operate an adult entertainment business without a grant of authority. Every applicant who is granted an adult entertainment business land use permit shall at the same time automatically be issued by the chief of police a grant of authority to operate the adult entertainment business.

(b)

The grant of authority shall be renewed yearly by the operator, who shall apply for renewal no later than thirty (30) days prior to the expiration of the grant.

(c)

Should any holder of a grant of authority desire to transfer or assign the grant, the proposed new holder shall file a request to transfer the grant of authority no later than thirty (30) days prior to the date the new business operator intends to initiate operations.

(d)

The chief of police or designee shall renew or transfer a grant of authority no later than fifteen (15) calendar days following the request for renewal or issuance of a transfer providing only that the business operator if an individual, or any of the officers or general partners of the business owner, if a corporation or partnership, has not been found guilty or pleaded nolo contendere within the past four (4) years to a misdemeanor or a felony classified by the state as a sex or sex-related offense.

(e)

The chief of police shall make available applications to renew or transfer a grant of authority.

(Ord. No. NS-2373 § 8, 12-7-98)

Sec. 41-1710. - Grant of authority—Non-transferable.

(a)

An adult entertainment business land use permit approved pursuant to this article shall be deemed to run with the land.

(b)

Should a grant of authority be sold, transferred or assigned by the holder or by operation of law, to any other person, group, partnership, corporation or any other party, and any such sale, transfer or assignment shall be deemed to constitute a voluntary surrender of such grant, and such grant shall be thereafter null and void. A grant of authority permit held by an individual in a corporation or partnership is subject to the same rules of transferability as contained above.

(c)

Any change in the nature or composition of the adult entertainment business from one adult entertainment business to another type of adult entertainment business shall also render the grant and the permit null and void. A grant of authority and an adult entertainment business land use permit shall be valid only for the exact location specified in the permit.

(Ord. No. NS-2373 § 8, 12-7-98)

Sec. 41-1711. - Development and operating standards.

The following development and operating standards shall be applied to the operation of any adult entertainment business:

(a)

Hours of operation.

(1)

It shall be unlawful for any operator or employee of an adult business to allow such adult business to remain open for business, or to permit any employee to engage in a performance, solicit a performance, make a sale, solicit a sale, provide a service, or solicit a service, between the hours of midnight and 10:00 a.m. of any day.

(2)

The hours of operation of any adult business which has a license from the state alcohol beverage control board shall be governed by the provisions of its alcohol beverage control permit and not by this section.

(b)

Exterior lighting requirements. All exterior areas of the adult business shall be illuminated at a minimum of five (5.00) footcandles, minimally maintained as defined in this Code, and evenly distributed at ground level, with appropriate devices to screen, deflect or defuse the lighting in such manner as to prevent glare or affected light from creating adverse impacts on adjoining and nearby public and private properties.

(c)

Interior lighting requirements. All interior areas of an adult entertainment business which are accessible by the public shall be illuminated at a minimum of ten (10.00) footcandles, minimally maintained as defined in this Code and evenly distributed at floor areas.

(d)

Access provision. The operator shall not permit any doors on the premises to be locked during business hours and, in addition, the operator shall be responsible to see that any room or area on the premises shall be readily accessible at all times and shall be open to view in its entirety for inspection by any law enforcement officer.

(e)

Minors' access.

(1)

X-rated movies. X-rated movies or video tapes shall be restricted to persons over eighteen (18) years of age. If an establishment that is not otherwise prohibited from providing access to persons under eighteen (18) years of age sells, rents, or displays videos that have been rated "X" or rated "NC-17" by the motion picture rating industry ("MPAA"), or that have not been submitted to the MPAA for a rating, and which consist of images which are distinguished or characterized by an emphasis on depicting or describing "specified sexual activities" or "specified anatomical areas", such videos shall be located in a specific section of the establishment where persons under the age of eighteen (18) shall be prohibited, and shall not be visible from outside of the premises.

(2)

Other adult materials. Access to adult materials shall be restricted to persons over eighteen (18) years of age.

(3)

Minor on premises unlawful. It shall be unlawful for any employee, owner, operator, responsible managing employee, manager or permittee of an adult entertainment business to allow any person below the age of eighteen (18) years upon the premises or within the confines of any adult entertainment business, either as a patron or employee, if no liquor is served, or under the age of twenty-one (21) if liquor is served.

(f)

On-site manager; security measures. All adult businesses shall have a responsible person who shall be at least eighteen (18) years of age, or at least twenty-one (21) years of age if the business has a license from ABC, and shall be on the premises to act as manager at all times during which the business is open. The individual or individuals designated as the on-site manager shall be registered by the owner with the chief of police or designee to receive all complaints and be responsible for all violations taking place on the premises.

The adult entertainment business shall provide state licensed security guards to patrol and monitor the parking lot areas during all business hours. A sign indicating compliance with this provision shall be posted on the exterior of the premises between four (4) to six (6) feet from the ground and shall be in addition to the allowable wall sign area pursuant to article XI of this chapter. The sign shall not exceed two (2) feet by

three (3) feet and shall at a minimum be one (1) foot by one and one-half (1½) feet and shall be placed in a conspicuous location designated by the chief of police or designee.

At all times that the business is in operation and thereafter until all patrons, employees and independent contractors have left the premises, at least one (1) security guard shall be on duty outside the premises, patrolling the grounds and parking areas, at all times while the business is open. The security guard(s) shall be charged with preventing violations of law and enforcing compliance by patrons with the requirements of this article. Any security guard required by this subsection shall be uniformed in such a manner as to be readily identifiable as a security guard by the public. Except as provided by this section, provision of security guards shall be in accordance with chapter 24 of this Code. As specified in section 24-2, every security guard employed shall first be approved by the chief of police or designee, which approval shall be granted no later than thirty (30) days from the date of submission.

No security guard required by this section shall act in any other capacity, including but not limited to doorperson, ticket seller, ticket taker, or admittance person, while acting as a security guard.

(g)

Sign requirements. All adult entertainment businesses shall comply with the following sign requirements, in addition to those of article XI of this chapter. Should a conflict exist between the requirements of article XI and this subsection, the more restrictive shall prevail.

(1)

All exterior signs shall be flat (i.e., not angled to the front wall of the building) wall signs.

(2)

No merchandise or pictures of the products or entertainment on the premises shall be displayed in window areas or any area where they can be viewed from the sidewalk in front of the building or any area accessible to public pedestrians.

(3)

Window areas shall not be covered or made opaque in any way. No sign shall be placed in any window. A one-square-foot sign may be placed on the door to state hours of operation and admittance requirements.

(h)

Operating requirements for live entertainment. The following additional requirements shall pertain to adult entertainment businesses providing live entertainment. No person, association, partnership, or corporation shall engage in, conduct or carry on, or permit to be engaged in, conducted or carried on the operation of an adult entertainment business that involves live entertainment unless each and all of the following requirements are met:

(1)

No employee, owner, operator, responsible managing employee, manager or permittee of such use shall allow any person below the age of eighteen (18) years upon the premises or within the confines of any adult

entertainment business if no liquor is served, or under the age of twenty-one (21) if liquor is served and the facility is not an eating establishment.

(2)

No person shall dance with or otherwise perform within six (6) feet of a patron while performing for compensation or while on licensed premises. This six-foot separation shall be marked by a railing of at least thirty (30) inches in height or other physical barrier designed to obstruct any contact between the entertainer and the patron(s).

(3)

No employee, owner, operator, responsible managing employee, manager or permittee of such use shall allow any performer to dance or otherwise perform within six (6) feet of a patron while performing for compensation or while on licensed premises. This six-foot separation shall be marked by a railing of at least thirty (30) inches in height or other physical barrier designed to obstruct any contact between the entertainer and the patron(s).

(4)

No owner, operator, responsible managing employee, manager or permittee shall permit or allow at licensed premises any patron to approach within six (6) feet of a nude or semi-nude entertainer or entertainer displaying specified anatomical areas, or permit or allow such an entertainer to approach within six (6) feet of a patron.

(5)

All employees of an adult entertainment business, other than nude or semi-nude entertainers while performing, shall, at a minimum while on or about the licensed premises, wear an opaque covering which covers their specified anatomical areas.

(6)

If patrons wish to tip performers, receptacles shall be at least six (6) feet from the stage or other area used by the performers. Patrons shall not provide tips directly to the performers or place tips in the performers' costumes.

(7)

When patrons are at the establishment, no patron shall be allowed to directly touch, fondle or caress a performer, as those terms are defined in Kev, Inc. v. Kitsap County, 793 F.2d 1053 (9th Cir. 1986), nor shall any performer be allowed to directly touch, fondle or caress a patron. This prohibition does not extend to incidental touching. Patrons shall be advised of the separation and no touching requirements by signs placed on the barrier described in subsection (3), above.

(8)

The adult entertainment business shall provide dressing rooms for performers which are separated by gender and exclusively dedicated to the performers' use and which the performers shall use for changing

at all times. Performers may share a dressing room. No owner, operator, responsible managing employee, manager or permittee shall permit or allow at licensed premises any patron to be present in such dressing rooms.

(9)

The adult entertainment business shall provide an entrance/exit for performers which is separate from the entrance/exit used by patrons, which the performers shall use at all times.

(10)

The adult entertainment business shall provide access for performers between the stage and dressing room which is completely separated from the patrons. If such separate access is not physically feasible, the adult entertainment business shall provide a minimum three-foot wide walk aisle for performers between the dressing room area and the stage, with a railing, fence or other physical barrier separating the patrons and the performers capable or (and which actually results in) preventing any physical contact between the patrons and performers. Nothing in this section is intended to exempt the adult entertainment business from compliance with the provisions of Title 24 of the California Code of Regulations pertaining to handicapped accessibility.

(11)

The adult entertainment business shall have a sign posted in a conspicuous place at or near each entranceway to the establishment which lists the titles and prices of all offered entertainment.

(i)

Adult dancing establishment. An adult dancing establishment or adult cabaret shall have a stage provided for the display or exposure of any specified anatomical area by an employee to a person other than another employee consisting of a permanent platform (or other similar permanent structure) raised a minimum of eighteen (18) inches above the surrounding floor and encompassing an area of at least one hundred (100) square feet, separated by a distance of at least six (6) feet from the nearest area occupied by patrons and surrounded with a three-foot high barrier. No patron shall be permitted within six (6) feet of the stage while the stage is occupied by a performer.

(j)

Theaters and cinemas. A theater or cinema shall observe the following special requirements:

(1)

If the theater or cinema contains a hall or auditorium area, the area shall comply with each of the following provisions:

a.

Have individual, separate seats, not couches, benches, or the like, to accommodate the maximum number of persons who may occupy the area;

b.

Have a continuous main aisle alongside of the seating areas in order that each person seated in the areas shall be visible from the aisle at all times; and

c.

Have a sign posted in a conspicuous place at or near each entranceway to the hall or auditorium area which lists the maximum number of persons who may occupy the hall or auditorium area, which number shall not exceed the number of seats within the hall or auditorium area.

(2)

If an adult theater or adult cinema contains adult booths, each adult booth shall comply with each of the following provisions:

a.

Have a sign posted in a conspicuous place at or near the entranceway which states the maximum number of persons who may occupy the booth, which number shall correlate with the number of seats in the booth;

b.

Have a permanently open entranceway not less than two (2) feet wide and not less than six (6) feet high, not capable of being closed or partially closed by any curtain, door, or other partition which would be capable of wholly or partially obscuring any person situated in the booth;

c.

Have individual, separate seats, not couches, benches, or the like, which correlate with the maximum number of persons who may occupy the booth;

d.

Have a continuous main aisle alongside the booth in order that each person situated in the booth shall be visible from the aisle at all times; and

e.

Have, except for the entranceway, walls or partitions of solid construction without any holes or openings in such walls or partitions.

(3)

If an adult theater or adult cinema is designed to permit outdoor viewing by persons seated in automobiles, it shall have the motion picture screen so situated, or the perimeter of the establishment so fenced, that the material to be seen by those persons may not be seen from any public right-of-way, property zoned for residential use, religious assembly, school, public or private, or park or recreation area.

(Ord. No. NS-2373 § 8, 12-7-98)

Sec. 41-1712. - Applicability to other regulations.

The provisions of this article are not intended to provide exclusive regulation of the regulated expressive business uses. Such uses must comply with any and all applicable regulations imposed in other articles of the zoning code, other city ordinances and state and federal law. Should a conflict exist between the provisions of this article and the provisions of other articles of chapter 41 of this Code, the provisions of this article shall prevail.

(Ord. No. NS-2373 § 8, 12-7-98)

In addition to any other remedies provided by law or set forth in this chapter, including but not limited to injunctive relief, failure to comply with any requirement of this article shall constitute a misdemeanor punishable as set forth in section 1-8 of this Code.

(Ord. No. NS-2373 § 8, 12-7-98)

Secs. 41-1714—41-1749. - Reserved. ARTICLE XVII.I - MASSAGE[[22]]

Footnotes:

--- ( 22 ) ---

Editor's note— Ord. No. NS-2903, § 3, adopted July 5, 2016, repealed art. XVII.I, §§ 41-1750—41-1760, in its entirety; and enacted a new art. XVII.I, to read as set out herein. Former art. XVII.I pertained to similar subject matter, and was derived from Ord. No. NS-2779, § 20, adopted March 16, 2009.

Sec. 41-1750. - Specific purposes.

(a)

In addition to the general purposes listed in section 41-1, the specific purposes of this article are to:

(1)

Establish a procedure which places strict limits on processing time and creates an orderly process for reviewing applications to conduct massages, in the interest of public health, safety, and welfare.

(2)

Ensure orderly and thorough city review of applications for conducting massages, including, but not limited to, massage establishment(s).

(3)

Establish reasonable and uniform regulations that will reduce possible adverse secondary effects that businesses conducting massages may have upon the residents of the city and preserve the integrity of

existing commercial areas of the city and of residential areas which are in close proximity to such commercial areas.

(b)

This article shall not apply to a retail or service use that is currently licensed by the State of California Board of Barbering and Cosmetology or an exempt individual as defined in section 22-5 of this Code.

(Ord. No. NS-2903, § 3, 7-5-16)

Sec. 41-1751. - Definitions.

Unless the particular provision or the context otherwise requires, the definitions and provisions contained in this section shall govern the construction, meaning, and application of words and phrases used in this chapter:

(a)

"California Massage Therapy Council" or "CMTC" means the state-organized, non-profit organization created to regulate the massage industry as set forth in Chapter 10.5 of Division 2 of the California Business and Professions Code (commencing with Section 4600, as amended).

(b)

"Chair massage service" means where a patron receives a massage while fully clothed in a public or semipublic area. The areas massaged are the head, neck, back, arms, and feet only.

(c)

"Employee" includes every owner, partner, operator, manager, supervisor and worker, whether part-time, full-time, or temporary, whether paid or not, who renders services of any nature or is otherwise employed in the operation of a massage establishment. For purposes of this chapter, the term employee shall also include massage technicians who provide massage services as independent contractors to a massage establishment.

(d)

"Manager" means the owner or operator of the massage establishment, or any person(s) designated by the owner or operator to act as the representative and agent of the owner or operator in managing daily operations. Evidence of management may include, but is not limited to, evidence that the individual has power to direct or hire and dismiss employees, control hours of operation, create policy or rules, or purchase supplies.

(e)

"Massage" means any scientific manipulation of soft tissue, or method of applying pressure on, or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating the external parts of the human body with the hands or with the aid of any mechanical or electrical apparatus or appliances, or with

or without supplementary aids such as rubbing alcohol, liniments, antiseptics, oils, powder, creams, ointments, or other similar preparations commonly used in this practice.

(f)

"Massage certificate" means a certificate issued by the CMTC pursuant to Section 4604 of the Business and Professions Code (Chapter 10.5 commencing with section 4600, as amended).

(g)

"Massage establishment" means any establishment having a fixed place of business where any individual, firm, association, partnership, corporation, or combination of individuals, engages in, conducts, carries on or permits to be engaged in, conducted or carried on, massages, baths, or health treatments involving massage or baths as regular functions.

(h)

"Massage establishment, ancillary" means a massage establishment that is operated as an ancillary use in conjunction with an approved health club, athletic club, gym, or hotel or in conjunction with a medical office. For the purpose of this definition, an ancillary use shall mean a use that is not more than twenty-five (25) percent of the floor area of the related health or athletic activities of the primary use.

(i)

"Massage technician" means any massage practitioner, masseuse, massage therapist or any person who administers or in any way assists in administering any form of massage, bath, or health treatment involving massages or baths as the principal functions to another person for any consideration whatsoever. A massage technician may be an employee or independent contractor.

(Ord. No. NS-2903, § 3, 7-5-16; Ord. No. NS-3038, § 38, 2-7-23)

Sec. 41-1752. - Permitted zones and locations.

(a)

A chair massage service may be located in commercial zoning districts where retail and service uses are permitted.

(b)

An ancillary massage establishment may only be located in zoning districts that permit health clubs, athletic clubs, gyms, hotels, or where medical services are permitted.

(c)

Massage establishments may be located within the following zoning districts subject to the issuance of a conditional use permit:

(1)

Massage establishments may be permitted on parcels in the C1, C1-MD, C2, C4, C5, or C-SM zoning districts.

(2)

Massage establishments may be permitted on a parcel within any Specific Plan or Specific Development zoning district in which massage establishments are defined and permitted.

(3)

Massage establishments are not permitted in any other zoning district.

(4)

No massage establishment shall be located within one thousand (1,000) feet of another massage establishment. The one thousand (1,000) foot separation requirement shall be measured from the primary entrance of the massage establishment to the primary entrance of the nearest massage establishment.

(5)

No massage establishment shall be located on a parcel located within five hundred (500) feet of a property zoned or used for residential purposes. The five hundred (500) foot separation requirement shall be measured from the primary entrance of the massage establishment to the outermost boundary of the nearest residential parcel.

(Ord. No. NS-2903, § 3, 7-5-16; Ord. No. NS-3038, § 39, 2-7-23; Ord. No. NS-3044, § 4, 6-20-23)

Sec. 41-1753. - Permits and certificates—Contents of application.

No massage establishment may be operated or established in the city without first obtaining the following:

(a)

No chair massage service or ancillary massage establishment may be operated or established in the city without first obtaining the following:

(1)

Approved certificate of occupancy.

(2)

A city issued business license.

(3)

Approved massage establishment permit issued by the chief of police, as set forth in Section 22-2 of this Code.

(b)

No massage establishment may be operated or established in the city without first obtaining the following:

(1)

Approved conditional use permit.

(2)

Approved certificate of occupancy.

(3)

A city issued business license.

(4)

Approved massage establishment permit issued by the chief of police, as set forth in section 22-2 of this Code.

(Ord. No. NS-2903, § 3, 7-5-16; Ord. No. NS-3038, § 40, 2-7-23)

Sec. 41-1754. - Development and operating standards.

(a)

The following development and operating standards shall be applied to the operation of any chair massage, ancillary massage establishment, or massage establishment:

(1)

The owner must advise the city, in writing, at the time of the application for a permit of the business hours and, thereafter, of any changes in such hours. No person shall operate a chair massage, ancillary massage establishment, or massage establishment or administer a massage in any establishment between the hours of 10:00 p.m. and 8:00 a.m. A massage begun any time before 10:00 p.m., must nevertheless terminate at 10:00 p.m. All customers, patrons and visitors shall be excluded from the chair massage, ancillary massage establishment or massage establishment during these hours and be advised of these hours.

(2)

All exterior signs identifying the premises as a chair massage, ancillary massage establishment, or massage establishment shall comply with the sign requirements of the city.

(3)

Each operator and/or on-duty responsible employee shall display the massage establishment permit in a conspicuous public place in the lobby of the business.

(4)

The hours of operation must be posted in the front window and clearly visible from the outside.

(5)

The operator and/or on-duty responsible employee must also post, on a daily basis in a conspicuous public place in the lobby, the name of the operator and/or on-duty responsible employee as well as all on-duty massage technicians.

(6)

"No loitering" signs shall be posted at the front and rear of the business. No outside waiting or seating area is permitted in accordance with section 602 of the Penal Code.

(7)

Employees shall be at least eighteen (18) years of age. There shall be a minimum of one (1) employee

managing the business during all working hours. During each employee's working hours, the employee shall wear a city issued badge identifying the business and the employee's full name.

(8)

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.

(9)

Window areas shall not be covered or made opaque in any way. All windows and entrances must be unobstructed at all times.

(10)

Lighting levels on the premises within sixty (60) feet of the use and in all required parking areas shall be maintained at a minimum one (1) foot-candle of light.

(11)

No exterior pay phones shall be permitted.

(12)

Rear exits are prohibited unless required by either the building code or the fire code. When required, rear exit doors shall be kept in a locked closed position and shall have panic hardware.

(13)

No person shall be employed or permitted to act as a massage technician who is not in possession of a valid, un-revoked massage certificate and a photo identification card prepared and issued by the city as required in chapter 22 of this Code.

(14)

It shall be unlawful for any person to perform any massage upon a member of the general public while on the premises of a school of massage.

(15)

Residing in a chair massage, ancillary massage establishment, or massage establishment is prohibited. No person or persons shall be allowed to live, reside or dwell inside the business at any time. No food of any kind shall be prepared for sale or sold in the establishment.

(16)

No interior doors may be locked during operating hours.

(Ord. No. NS-2903, § 3, 7-5-16; Ord. No. NS-3038, § 41, 2-7-23)

Sec. 41-1755. - Applicability to other regulations.

The provisions of this article are not intended to provide exclusive regulation of the regulated expressive business uses. Such uses must comply with any and all applicable regulations imposed in other articles of the zoning code, other city ordinances and state and federal law. Should a conflict exist between the provisions of this article and the provisions of other articles of chapter 41 of this Code, the provisions of this article shall prevail.

(Ord. No. NS-2903, § 3, 7-5-16)

Secs. 41-1756—41-1799. - Reserved.

ARTICLE XVIII. - CONVERSION OF EXISTING BUILDINGS TO COMMERCIAL AND INDUSTRIAL COMMON INTEREST DEVELOPMENT

Sec. 41-1800. - Purpose.

This article is enacted, pursuant to the city's authority as a charter city and section 66427(d) of the Government Code, to establish requirements and procedures for the evaluation of commercial and industrial condominium conversion projects. Such regulation is necessary to provide for the adequate maintenance of common areas, facilities and amenities, such as buildings, ingress and egress, subjacent support, utilities and the like, in commercial and industrial common area interest development projects in order to support the continuing viability of such common interest projects, avoid conditions of neglect to protect the public from the potential blighting effects of deteriorated or undercapitalized commercial and industrial conversion projects and provide adequate off-street parking. Additionally, such regulation is necessary to the support of a healthy local economy by preserving opportunities for large-scale commercial and industrial uses to avoid the conversion, fragmentation and diminution of large commercial and industrial buildings and lands within the city.

(Ord. No. NS-2755, § 4, 8-6-07)

Sec. 41-1801. - Definitions.

The definitions set forth in this section shall govern the application and interpretation of this chapter:

A.

"Common interest development" has the meaning given to that term in Civil Code Section 1351(c).

B.

"Common area" means the entire area within the common interest development except the separate interests therein, and also includes any mutual or reciprocal easement rights appurtenant to the separate interests.

C.

"Conversion project" means a subdivision which consists of conversion of existing buildings into a common interest development.

D.

"Unit" means a legal parcel including a common area parcel.

(Ord. No. NS-2755, § 4, 8-6-07)

Sec. 41-1802. - Special use permit.

In addition to complying with the requirements of Chapter 34 of this Code, no conversion project for a commercial or industrial common interest development may be issued a tentative map unless it obtains a special use permit in compliance with the requirements of this article.

(Ord. No. NS-2755, § 4, 8-6-07)

Sec. 41-1803. - General standards for preexisting buildings.

Buildings which are the subject of a proposed conversion project that are prior to application in violation of Chapter 8 of this Code must be brought into compliance before issuance of a special use permit unless a different time frame is specified in the conditions of approval of said permit Issuance of a positive report pursuant to section 41 1804 b7of this Code shall be deemed to constitute compliance with this section

(Ord. No. NS-2755, § 4, 8-6-07)

Sec. 41-1804. - Conversion plan.

An application for a conversion project for a commercial or industrial common interest development shall be accompanied by a conversion plan which sets forth a comprehensive representation and scheduling of the conversion process including but not limited to the following components:

(a)

An improvement plan shall be submitted to the city providing for upgrading the complex to the standards then in effect for construction of new buildings with regard to the following matters:

(1)

Provision of off-street parking spaces (both number of spaces and compliance with other parking standards);

(2)

Sound transmission;

(3)

Energy efficiency;

(4)

Open space;

(5)

Setbacks;

(6)

Adopted design guidelines; and

(7)

Landscaping.

If the applicant contends that compliance with one or more of such standards is financially or practically infeasible, it shall bear the burden of proof of such claim to the city; and the city shall adopt written findings following a noticed public hearing relating to any such claim as part of its consideration of the application for special use permit. The improvement plan shall also demonstrate that all existing onsite facilities which are to be retained to be brought into reasonably sound and attractive condition.

(b)

At a minimum, the improvement plan shall include:

(1)

A site plan showing all existing and proposed structures, including walls and fences, landscaping, irrigation systems and driveways and parking areas.

(2)

A statement of the current and proposed ownership of the subject property and its current and proposed use.

(3)

A description of the property, including acreage, number of existing tenant spaces and the proposed units, showing the size of each proposed unit. Each unit shall be physically separated from each other unit by walls, floors, ceilings and the like.

(4)

A statement of the current and proposed management program, including structural maintenance, landscape maintenance, and parking allocation for each unit.

(5)

A statement of proposed assessments and fees to be charged to owners of units after conversion.

(6)

Notice of submission of application for public report which includes the improvement plan and capital reserves.

(7)

The results of a preliminary inspection requested by the applicant and performed by city's building official or authorized representative, identifying whether the building in its current condition (i.e., presuming no special use permit is sought) is in compliance with Chapter 8 of this Code. Applicant shall be responsible for paying the then current fee assessed by the city for such inspection.

(8)

Compliance of the water delivery system capable of meeting the city's fire flaw requirements as applicable to new construction and related fire department access per currently adopted fire code.

(9)

Compliance with the building security regulations set forth in chapter 8, article II, division 3 of this Code as applicable to new buildings.

(10)

Compliance with section 18-151 et seq. of this Code relating to the National Pollution Discharge Elimination System NPDES and compliance with chapter 8 of this Code as it relates to the Americans with Disabilities Act ADA.

(11)

A statement that all exterior appurtenances, such as ladders, down spouts, conduits and piping will be removed.

(12)

Compliance with article XI of chapter 41 of this Code (signs).

(13)

A current structural pest control inspection report issued by a licensed structural pest control operator, showing the subject premises to be free of evidence of termite, dry-rot, fungi and/or damage therefrom. Such a report shall be deemed current for a period of not more than ninety (90) days following the date of inspection.

(Ord. No. NS-2755, § 4, 8-6-07)

Sec. 41-1805. - Utility requirements for the approval of special use permit.

No special use permit shall be approved unless the project complies with the following requirements:

(a)

Electric power, gas and water services must be separately metered for each unit, unless such separate metering is found to be practically or financially infeasible as set forth in section 41-1804(a).

(b)

Signal transmitting and receiving equipment, including cables, for individual units shall be screened.

(c)

Common area utilities must be metered separately from unit utilities. Meters providing such separation may be either municipally owned or, subject to the written approval of the director of public works as to type, owned by the associated owners in common.

(d)

Compliance with sections 34-82 et seq. and 41-626 of the Code, applying to installation of underground utility service lines, as though it were new construction.

(Ord. No. NS-2755, § 4, 8-6-07)

An application for a special use permit pursuant to this article shall be considered by the city's planning commission and city council in concurrence with the applicant's tentative map application.

(Ord. No. NS-2755, § 4, 8-6-07)

Sec. 41-1807. - Findings.

In addition to the findings required by Chapter 34 of this Code and other provisions of this article, no special use permit may issue for a commercial or industrial common interest development unless and until all of the following additional findings are first made:

(a)

The proposed common interest development will not adversely impact the economic viability of large-scale commercial and industrial uses in the vicinity of the development, or in the city as a whole;

(b)

The proposed common interest development includes sufficient provisions for governance, funding and capitalization, and enforcement mechanisms to insure that the common area continues to be adequately and safely maintained and repaired for the life of the common interest development;

(c)

The proposed common interest development includes sufficient provisions for the retention of such common areas for the use of all owners of separate interests therein; and

(d)

The proposed common interest development complies with the goals policies and objectives of the city's general plan.

(Ord. No. NS-2755, § 4, 8-6-07)

Sec. 41-1808. - Completion of improvements.

All improvements required pursuant to the conditions of an approved special use permit shall be completed prior to issuance of a final map for the project.

(Ord. No. NS-2755, § 4, 8-6-07)

Sec. 41-1809. - Expiration of special use permit.

A special use permit shall expire after two (2) years unless a final map for the project is recorded in that time. The executive director of the planning and building agency may in writing extend the permit for not more than one (1) year upon written request by the permit holder made prior to the expiration date.

(Ord. No. NS-2755, § 4, 8-6-07)

Secs. 41-1810—41-1899. - Reserved. ARTICLE XVIII.I. - 2021 AFFORDABLE HOUSING OPPORTUNITY AND CREATION ORDINANCE[[23]]

Footnotes:

--- ( 23 ) ---

Editor's note— Ord. No. NS-3019, § 4, adopted April 19, 2022, renamed art. XVIII.I from "housing opportunity ordinance" to "2021 affordable housing opportunity and creation ordinance."

Sec. 41-1900. - Purpose.

This article establishes standards and procedures to encourage the development of housing that is affordable to a range of households with varying income levels. The purpose of this article is to encourage the development and availability of affordable housing by requiring the inclusion of affordable housing units within new developments when the number of units exceed the densities permitted under the general plan, zoning classification, or the conversion of rental units to condominium ownership.

(Ord. No. NS-2881, § 2, 9-1-15; Ord. No. NS-2994, § 3, 9-1-20; Ord. No. NS-3019, § 4, 4-19-22)

Sec. 41-1901. - Definitions.

As used in this article, the following terms shall have the following meanings:

Adjusted for household size appropriate for the unit means a household of one (1) person in the case of a studio unit, two (2) persons in the case of a one-bedroom unit, three (3) persons in the case of a twobedroom unit, four (4) persons in the case of a three-bedroom unit, and five (5) persons in the case of a four-bedroom unit.

Administrative procedures means those regulations promulgated by the executive director pursuant to section 41-1910 of this article.

Affordable housing cost means the total housing costs paid by a qualifying household, which shall not exceed the fraction of gross income specified, as follows:

Extremely low-income households. Thirty (30) percent of the income of a household earning thirty (30) percent of the Orange County median income adjusted for family size appropriate for the unit.

Very low-income households. Thirty (30) percent of the income of a household earning fifty (50) percent of the Orange County median income adjusted for family size appropriate for the unit.

Low-income households. Thirty (30) percent of the income of a household earning eighty (80) percent of the Orange County median income for family size appropriate for the unit.

Moderate-income households. Thirty (30) percent of the income of a household earning one hundred twenty (120) percent of the Orange County median income adjusted for family size appropriate for the unit.

The qualifying limits for extremely low-income, very low-income, low-income and moderate-income households are established and amended annually pursuant to Section 8 of the United States Housing Act of 1937. The limits are published by the Secretary of Housing and Urban Development.

Base Density means the maximum number of dwelling units allowed per acre of land within each land use category designated in the general plan.

Developer means any association, corporation, firm, joint venture, partnership, person, or any entity or combination of entities, which seeks city approval for all or part of a residential project.

Development agreement means an agreement approved by the city council between a property owner and the city pursuant to Government Code section 65864, et seq.

Executive director means the executive director of community development for the city.

General plan means the adopted general plan for the City of Santa Ana.

Inclusionary housing agreement means a legally binding agreement between the developer and the city, in a form and substance satisfactory to the executive director and the city attorney, and containing those provisions necessary to ensure that the requirements of this article are satisfied, whether through the provision of inclusionary units or through an approved alternative method.

Inclusionary housing fund means the fund created by the city in which all fees collected in compliance with this article shall be deposited.

Inclusionary housing plan means the plan submitted by the developer, in a form specified by the executive director, detailing how the provisions of this article will be implemented for the proposed residential project.

Inclusionary unit means a dwelling unit that will be offered for sale or rent to extremely low, very low, low, or moderate-income households, at an affordable housing cost, in compliance with this article.

Low-income units, very low-income units, and extremely low-income units means inclusionary units restricted to occupancy by low, very low, and extremely low-income households, respectively, at an affordable housing cost.

Market rate units means dwelling units in a residential project that are not inclusionary units.

Moderate-income units means inclusionary units restricted to occupancy by moderate-income households at an affordable housing cost.

Regulatory agreement means an agreement entered into between the City of Santa Ana or the Santa Ana Community Development Agency and a developer by which the developer covenants to keep certain housing units at an affordable housing cost for a specified period of time.

Rehabilitated units/rehabilitation means the improvement of a unit in substandard condition to a decent, safe and sanitary level. Units are in substandard condition when, while they may be structurally sound, they do not provide safe and adequate shelter, and in their present condition endanger the health, safety or wellbeing of the occupants.

Residential project/project means any of the following:

A subdivision resulting in the creation of five (5) or more residential lots or residential condominium units; or

The new construction of a project consisting of five (5) or more multi-family units; or

The new construction of five (5) or more separate houses or dwelling units; or

The conversion of five (5) or more existing residential rental units to condominium ownership.

Target area means that area designated by the city from time to time, on an as-needed basis, as a priority area for rehabilitation due to health and safety concerns.

Total housing costs the total monthly or annual recurring expenses required of a household to obtain shelter. For a rental unit, total housing costs shall include the monthly rent payment and utilities paid by the tenant (excluding telephone and television). For an ownership unit, total housing costs shall include the

mortgage payment (principal and interest), insurance, homeowners' association dues (if applicable), private mortgage insurance (if applicable), taxes, utilities, an allowance for maintenance and any other related assessments.

(Ord. No. NS-2881, § 2, 9-1-15; Ord. No. NS-2994, § 3, 9-1-20; Ord. No. NS-3019, § 4, 4-19-22)

Sec. 41-1902. - Applicability and inclusionary unit requirements.

(a)

Applicability. The requirements of this article shall apply to any new project comprised of five (5) or more residential lots or residential units, including new construction and condominium conversions, which meets one (1) or all of the following applicability thresholds:

(1)

A change in use to allow for residential or that exceeds the general plan or zoning prescribed densities or percentage of residential development of the subject property at the time of application.

(2)

Implementation of the permitted residential density or percentage of residential development allowed as a result of city initiated zone changes or city initiated general plan amendments after November 28, 2011.

(3)

Increase of the permitted percentage of residential development allowed for a mixed-use development above the percentage permitted under the zoning classification at the time of application.

(4)

Development of new residential uses or increase of the permitted residential density or percentage of residential development within an overlay zone approved pursuant to division 28 of article I of this chapter.

(5)

Conversion of rental units to condominium ownership.

(b)

Applications. The inclusionary requirements shall only apply to the incremental units beyond that which is allowed as prescribed in subsection (a) above.

(c)

Units for sale. If the new residential project consists of units for sale, then a minimum of five (5) percent of the total number of units in the project shall be sold to moderate-income households.

(d)

Rental units. If the new residential project consists of rental units, the inclusionary units shall be constructed as follows:

(1)

A minimum of fifteen (15) percent of the units shall be rented to low-income households; or

(2)

A minimum of ten (10) percent shall be rented to very low-income households; or

(3)

A minimum of five (5) percent shall be rented to extremely low-income households; or

(4)

A minimum of ten (10) percent shall be available at an affordable housing cost of which five (5) percent rented to low-income households, three (3) percent rented to very low-income households, and two (2) percent rented to extremely low-income households.

(e)

Rounding of quantities in calculations. In calculating the required number of inclusionary units, fractional units shall be rounded-up to the next whole unit. The developer may choose to pay an in-lieu fee set forth in section 41-1904(c) for the fractional units, which shall be calculated based on the number of habitable square feet applicable in each case.

(f)

Displacement of existing inclusionary units. Notwithstanding any other provision of this article, any residential project subject to this article that results in the displacement of extremely low, very low and/or low-income household(s) shall be required to provide on-site inclusionary units as required by this article.

(g)

Compliance with article. All inclusionary units required by this article shall be sold or rented in compliance with this article.

(Ord. No. NS-2881, § 2, 9-1-15; Ord. No. NS-2885, § 2, 10-6-15; Ord. No. NS-2994, § 3, 9-1-20; Ord. No. NS-3019, § 4, 4-19-22)

Sec. 41-1903. - Exempt projects.

The following are exempt from the requirements of this article:

(a)

Development agreements. A residential project that is the subject of a development agreement under applicable provisions of the California Government Code that expressly provides for an exclusion to this article, provides for a different amount of inclusionary units, or provides for a different specified method for determining the in-lieu fee provisions of this article, such as the timing of payment or the point in time for determining the applicable in-lieu fee amount, to satisfy the inclusionary units from that specified by this article.

(b)

Project with regulatory agreement. A residential project for which a regulatory agreement has been approved, provided that the regulatory agreement is effective at the time the residential project would otherwise be required to comply with the requirements of this article, and there is no uncured breach of the regulatory agreement before issuance of a certificate of occupancy for the project. This may include a

residential project that has obtained a density bonus under article XVI.I of the Santa Ana Municipal Code. Such projects cannot be used to satisfy the inclusionary requirement for another project.

(c)

Adaptive reuse. Adaptive reuse development projects pursuant to chapter 41, article XVI.II - Adaptive Reuse.

(d)

Development projects approved under the provisions of ordinance no. NS-2994 Adopted on September 1, 2020. A development project that has received entitlement approvals by city council action prior to November 16, 2021 to construct new residential units is hereby determined to have vested the right to carry out the completion and construction of the project under the regulations and provisions of ordinance no. NS-2994. The vested regulations and provisions in accordance with this section shall terminate if any or all of the entitlement approvals become invalid for any reasons or have expired under the various applicable time limits established in the Santa Ana Municipal Code. A list of these projects and the vested right(s) under ordinance no. NS-2994 are attached hereto as Exhibit A and is incorporated herein by reference.

(Ord. No. NS-2881, § 2, 9-1-15; Ord. No. NS-2994, § 3, 9-1-20; Ord. No. NS-3019, § 4, 4-19-22)

Sec. 41-1904. - Options to satisfy inclusionary requirements.

(a)

On-site units. The primary means of complying with the inclusionary requirements of this article shall be the provision of on-site inclusionary units in accordance with section 41-1902 above. A developer may only satisfy the requirements of this article by means of an alternative to on-site inclusionary units in accordance with the requirements and procedures of this section.

(b)

Off-site units.

(1)

New units. The developer may satisfy the inclusionary unit requirements for the project, in whole or in part by constructing the required new inclusionary housing at a different location within the city borders at the ratio of one (1) square foot of habitable inclusionary unit space for each required habitable square foot. While the total habitable square footage area of the required new inclusionary units must be the same as the sum-total of the number of habitable square feet for the project as directed by this article, the number of units and bedrooms associated with the off-site units may be approved by the review authority of the city, consistent with the type of affordable housing needed at the time of project review.

(2)

Rehabilitated units outside a designated target area. The developer may satisfy the inclusionary unit requirements for the project, in whole or in part by substantially rehabilitating existing housing units

elsewhere within the borders of the city at a rate of one and one-half (1½) habitable square feet per each required habitable square foot of inclusionary units.

(3)

Rehabilitated units within a designated target area. Upon application, the developer may satisfy the inclusionary unit requirements for the project, in whole or in part by substantially rehabilitating existing housing units elsewhere within the borders of the city at a rate of one (1) habitable square foot per each required habitable square foot of affordable inclusionary units.

(c)

In-lieu fee.

(1)

Five (5) or more units. For a residential project comprised of five (5) or more residential lots or residential units, the developer may elect to satisfy the inclusionary unit requirements for the project, in whole or in part, by payment of a fee in-lieu of constructing some or all of the required units. The total amount of the fee allowed by this section shall be calculated using the in-lieu fee schedule in section 41-1904(c)(1)(i) multiplied by the sum total of the number of habitable square feet within the entire project, as measured from the exterior walls of the residential units. This calculation does not include exterior hallways, common areas, landscape, open space or exterior stairways.

(i)

In-lieu fee schedule.

(ii)

Local skilled and trained workforce. The use of a local skilled and trained workforce shall be phased in over time and shall only apply to a development project proposing twenty (20) or more lots or units opting to exercise the in-lieu fee payment option. The implementation of this subsection shall be phased as follows:

(A)

Between November 16, 2021 and December 31, 2025, a project proposing twenty (20) or more lots or units exercising the option to pay the fifteen dollars ($15.00) per square foot in-lieu fee amount shall not be required to utilize a local skilled and trained workforce for completing the construction of the project.

However, this fee shall be reduced if the developer provides the city with an executed enforceable commitment to use a "skilled and trained workforce" as defined in public contract code section 2601 to complete the construction of the project as specified in the table below:

(B)

Effective January 1, 2026 and thereafter, a project proposing twenty (20) or more lots or units exercising the option to pay the fifteen dollars ($15.00) per square foot in-lieu fee amount shall be required to provide the city with an executed enforceable commitment that thirty (30) percent of the workforce utilized to complete the construction of the project be derived from a "skilled and trained workforce" as defined in Public Contract Code section 2601; and that a minimum of thirty-five (35) percent of the required skilled and trained workforce total work-hours shall be performed in accordance with local hire policies approved by the city council. This fee shall be reduced when the developer commits to a higher utilization level as specified in the table below:

(2)

Timing of payment. The total fee amount for the entirety of a project is calculated, determined, and set at the time of issuance of the first building permit for the project. All in-lieu fees allowed by this section shall be paid no later than prior to issuance of the first occupancy approval for any construction which adds net residential units. If the city approves a phased project, a proportional share of the required fee shall be paid within each phase of the residential project. The in-lieu fees collected by the city are city funds over which the city has complete and absolute discretion.

(3)

Inclusionary housing fund. Fees collected in compliance with this section shall be deposited in the inclusionary housing fund.

(4)

The provisions of section 41-1904(c)(1) may only be modified by the affirmative vote of at least five (5) members of the city council.

(Ord. No. NS-2881, § 2, 9-1-15; Ord. No. NS-2994, § 3, 9-1-20; Ord. No. NS-3019, § 4, 4-19-22)

Sec. 41-1904.1. - Inclusionary housing development incentives for production of units.

(a)

In order to make the production of new inclusionary units on-site or off-site or off-site rehabilitated units, certain incentives, standards and concessions shall be allowed and prescribed as set forth herein below. Such concessions shall not be available to those developers that choose to pay an in lieu fee rather than build the units. The developer may opt to take advantage of up to two (2) concessions among the following possible concessions:

(1)

Parking concession. One on-site parking space for each zero to one bedroom unit; two (2) on-site parking spaces for each two (2) to three (3) bedroom unit; two and one-half (2½) parking spaces for each four (4) or more bedroom unit.

(2)

Concession on one of the following Zoning Code site development standards:

(i)

Setback reduction of up to twenty-five (25) percent reduction on subject property;

(ii)

Height increase of up to twenty (20) additional feet.

(b)

A developer of a for sale residential project proposing to provide on-site moderate income units and a surrounding community benefit may opt to take advantage of up to three (3) of the above concessions. The surrounding community benefit will include but not be limited to park improvements, urban community gardens, developer-funded down payment assistance, or subsidy of services, activities or programs.

(1)

Local density bonus. For each one (1) percent increase above five (5) percent in the percentage of for-sale units affordable to moderate income households, the base density shall be increased by one and one-half (1½) percent up to a maximum of thirty-five (35) percent.

(Ord. No. NS-2881, § 2, 9-1-15; Ord. No. NS-2885, § 2, 10-6-15; Ord. No. NS-2994, § 3, 9-1-20; Ord. No. NS-3019, § 4, 4-19-22)

Editor's note— Ord. No. NS-2885, § 2, adopted October 6, 2015, amended § 41-1904.1, to read as set out herein. Previously § 41-1904.1 was titled "Inclusionary housing development incentives."

Sec. 41-1905. - Housing plan and housing agreement.

(a)

Submittal and execution. The developer shall comply with the following requirements:

(1)

Inclusionary housing plan. The developer shall submit an inclusionary housing plan in a form specified by the executive director, detailing how the provisions of this article will be implemented for the proposed residential project. The inclusionary housing plan and its supportive documents, plans, and details shall be submitted at the same time as the site plan and application materials for the original project. All inclusionary housing plans shall be subject to the approval of the executive director and subject to appeal processes and procedures set forth in the Santa Ana Municipal Code.

(2)

Inclusionary housing agreement. The developer shall execute and cause to be recorded an inclusionary housing agreement. The inclusionary housing agreement shall be a legally binding agreement between the developer and the city, executed by the city manager, or his or her designee, and in a form and substance satisfactory to the executive director and the city attorney, and containing those provisions necessary to ensure that the requirements of this article are satisfied, whether through the provision of inclusionary units or through an approved alternative method.

(b)

Discretionary approvals. No discretionary approval shall be issued for a residential project subject to this article until the developer has submitted an inclusionary housing plan.

(c)

Issuance of building permit. No building permit shall be issued for a residential project subject to this article unless the executive director has approved the inclusionary housing plan, and any required inclusionary housing agreement has been recorded.

(d)

Issuance of certificate of occupancy. A certificate of occupancy shall not be issued for a residential project subject to this article unless the approved inclusionary housing plan has been fully implemented.

(Ord. No. NS-2881, § 2, 9-1-15; Ord. No. NS-2994, § 3, 9-1-20; Ord. No. NS-3019, § 4, 4-19-22)

Sec. 41-1906. - Standards.

(a)

Location within project, relationship to non-inclusionary units. All inclusionary units shall be:

(1)

Reasonably dispersed throughout the residential project;

(2)

Proportional, in number of bedrooms, gross floor area of habitable space, and location, to the market rate units;

(3)

Comparable to the market rate units included in the residential project in terms of design, materials, finished quality, and appearance; and

(4)

Permitted the same access to project amenities and recreational facilities, as are market rate units.

(b)

Timing of construction. All inclusionary units in a residential project shall be constructed concurrent with, or before the construction of the market rate units. If the city approves a phased project, a proportional share of the required inclusionary units shall be provided within each phase of the residential project.

(c)

Location outside the proposed original project. For projects where the developer proposes to either produce new inclusionary units or rehabilitate existing off-site units to meet the inclusionary affordable housing requirements of this article, the off-site project(s) containing the required inclusionary units shall be subject to the following requirements:

(1)

The sum-total area (in habitable square feet) of all the newly constructed off-site inclusionary units shall be the same number of habitable square feet of inclusionary area as required by this article. For the purpose of the calculation of the number of square feet of required inclusionary housing, the total gross habitable square feet of the housing units of the original market rate project shall be used, as measured from exterior walls to exterior walls of the market units provided as the base for calculation. The common areas, exterior hallways, stairways, patios, and balconies shall not be calculated in determining the number of required square feet of inclusionary housing production. All new or rehabilitated units must meet all current zoning and general plan standards.

(2)

While the total number of square feet of inclusionary housing requirement is calculated based on the requirements of this article, the number of units, bedrooms and other amenities on the proposed off-site inclusionary housing location shall be approved by the review authority commensurate with the size and type of units most in demand at the time of submittal of the application.

(3)

Any off-site affordable inclusionary housing project shall be substantially comparable to the market rate units included in the residential project in terms of quality of design, materials and finishes.

(4)

If tenants are displaced due to rehabilitation of housing to meet the inclusionary unit requirement, the developer shall be responsible for relocation costs as required by state law.

(5)

No city, housing authority, or public funds, subsidies, or participation of any kind shall be expended on the production or building of any inclusionary housing projects associated with meeting the inclusionary unit requirement.

(d)

Timing of construction. All inclusionary units in a residential project or proposed off-site new inclusionary units or rehabilitated units shall be constructed concurrent with, or before the construction of the market rate units. If the city approves a phased project, a proportional share of the required inclusionary units shall be provided within each phase of the residential project.

(e)

Units for sale.

(1)

Time limit for inclusionary restrictions. A unit for sale shall be restricted to the target income level group at the applicable affordable housing cost for a minimum of fifty-five (55) years.

(2)

Certification of purchasers. The developer and all subsequent owners of an inclusionary unit offered for sale shall certify, on a form provided by the city, the income of the purchaser and that such owners will live in such inclusionary unit as their primary residence.

(3)

Resale price control. In order to maintain the availability of inclusionary units required by this article, the resale price of an owner occupied inclusionary unit shall be limited to the lesser of the fair market value of the unit as established by a licensed real estate agent based upon three (3) comparable properties or the restricted resale price. For these purposes, the restricted resale price shall be the applicable affordable housing cost.

(4)

Inheritance of inclusionary units. Upon the death of an owner of an owner-occupied inclusionary unit, title in the property may transfer to the surviving joint tenant or heir (in the case of the death of a sole owner or all owners of the household).

(5)

Forfeiture. If an inclusionary unit for sale is sold for an amount in excess of the resale price controls required by this section, the buyer and the seller shall be jointly and severally liable to the city for the amount in excess of the affordable housing cost at the time of such sale of the inclusionary unit. Recovered funds shall be deposited into the inclusionary housing fund. Notwithstanding the foregoing, city may allow the buyer and seller to cure any violation of the resale price controls within one hundred eighty (180) days.

(f)

Rental units.

(1)

Time limit for inclusionary restrictions. A rental inclusionary unit shall remain restricted to the target income level group at the applicable affordable housing cost for fifty-five (55) years.

(2)

Certification of renters. The owner of any rental inclusionary unit shall certify, on a form provided by the city, the income of all members of the household above the age of eighteen (18) at the time of the initial rental and annually thereafter.

(3)

Forfeiture. Any lessor who leases an inclusionary unit in violation of this article shall be required to forfeit to the city all money so obtained. Recovered funds shall be deposited into the inclusionary housing fund.

(g)

Execution and recording of documents. The executive director may require the execution and recording of whatever documents are required to ensure enforcement of this section; including, but not limited to, promissory notes, deeds of trust, resale restrictions, rights of first refusal, options to purchase, and/or other documents, which shall be recorded against all inclusionary units.

(h)

General prohibitions.

(1)

No person shall sell or rent an inclusionary unit at a price or rent in excess of the maximum amount allowed by any restriction placed on the unit in accordance with this article.

(2)

No person shall sell or rent an inclusionary unit to a person or persons that do not meet the income restrictions placed on the unit in accordance with this article.

(3)

No person shall provide false or materially incomplete information to the city or to a seller or lessor of an inclusionary unit to obtain occupancy of housing for which that person is not eligible.

(i)

Principal residency requirement.

1.

The owner or lessee of an inclusionary unit shall reside in the unit for not less than ten (10) out of every twelve (12) months.

2.

No owner or lessee of an inclusionary unit shall lease or sublease, as applicable, an inclusionary unit without the prior permission of the executive director.

(Ord. No. NS-2881, § 2, 9-1-15; Ord. No. NS-2994, § 3, 9-1-20; Ord. No. NS-3019, § 4, 4-19-22)

Sec. 41-1907. - Reserved.

Sec. 41-1908. - Enforcement.

(a)

Violation. Any violation of this article constitutes a misdemeanor.

(b)

Forfeiture of funds. Any individual who sells an inclusionary unit in violation of this article shall be required to forfeit any money in excess of the affordable housing cost at such time. Any individual who rents an inclusionary unit in violation of this article shall be required to forfeit all money so obtained. Recovered funds shall be deposited into the inclusionary housing fund.

(c)

Legal actions. The city may institute any appropriate legal actions or proceedings necessary to ensure compliance with this article, including actions:

(1)

To disapprove, revoke, or suspend any permit, including a building permit, certificate of occupancy, or discretionary approval; and

(2)

For injunctive relief or damages.

(d)

Recovery of costs. In any action to enforce this article, or an inclusionary housing agreement recorded hereunder, the city shall be entitled to recover its reasonable attorney's fees and costs.

(Ord. No. NS-2881, § 2, 9-1-15; Ord. No. NS-2994, § 3, 9-1-20; Ord. No. NS-3019, § 4, 4-19-22)

(a)

Inclusionary housing fund. There is hereby established a separate fund of the city, to be known as the inclusionary housing fund. All monies collected pursuant to this article shall be deposited in the inclusionary housing fund. Additional monies from other sources may be deposited in the inclusionary housing fund. The monies deposited in the inclusionary housing fund shall be subject to the following conditions:

(1)

Monies deposited into the inclusionary housing fund must be used to increase and improve the supply of housing affordable to moderate, low, very low, and extremely low income households in the city as specified in the city's affordable housing funds policies and procedures. A priority will be on the creation of affordable housing opportunities or units from the existing market rate housing stock rather than construction of new affordable housing units and on the creation of new affordable housing opportunities

for large families currently living in the city. This includes, but is not limited to, the purchase and rehabilitation of units for sale. Monies may also be used to pay for one-time programs for code enforcement, quality of life and general health and safety activities. Monies may also be used to cover reasonable administrative or related expenses associated with the administration of this article.

(2)

The fund shall be administered by the executive director, or his or her designee, who may develop procedures in the city's affordable housing funds policies and procedures to implement the purposes of the inclusionary housing fund consistent with the requirements of this article and any adopted budget of the city.

(3)

Monies deposited in accordance with this section shall be used in accordance with the affordable housing funds policies and procedures, housing element, consolidated plan, or subsequent plan adopted by the city council to construct, rehabilitate, or subsidize affordable housing or to recapture affordable housing at risk of market conversion, or to assist other government entities, private organizations, or individuals to do so. Permissible uses include, but are not limited to, assistance to housing development corporations, equity participation loans, grants, pre-home ownership co-investment, pre-development loan funds, participation leases, or other public-private partnership arrangements. The inclusionary housing fund may be used for the benefit of both rental and owner-occupied housing.

(4)

A developer receiving funding from the inclusionary housing fund shall implement a local preference in their resident selection criteria and marketing policies meeting guidelines established by the executive director.

(5)

A developer receiving funding from the inclusionary housing fund, as well as its contractors and subcontractors at every tier performing work for the new housing units is encouraged to negotiate in good faith to provide the city with an enforceable commitment that a minimum thirty (30) percent of the labor utilizing two (2) or more construction trades be performed by a "Skilled and Trained Workforce" as defined in Public Contract Code section 2601 to complete the construction of the project. If so provided, a minimum of thirty-five (35) percent of such labor for the project shall be performed in accordance with local hire policies approved by the city council.

(Ord. No. NS-2881, § 2, 9-1-15; Ord. No. NS-2994, § 3, 9-1-20; Ord. No. NS-3019, § 4, 4-19-22)

Sec. 41-1910. - Administrative.

(a)

In-lieu fee calculation. The amount per square foot of the inclusionary housing in-lieu fee shall be subject to city council review and consideration as needed.

(b)

Administration fees. The council may by resolution establish reasonable fees and deposits for the administration of this article including an annual monitoring fee and an inclusionary housing plan submittal fee.

(c)

Monitoring/audits. At the time of initial occupancy, and annually thereafter, the city will monitor the project to ensure that the income verifications are correct and in compliance with the inclusionary housing administrative procedures. For ownership units, the city shall monitor to verify that owner-occupancy requirements are maintained. Developer/property owners are required to cooperate with the city in promptly providing all information requested by the city in monitoring compliance with program requirements. The city will conduct periodic random quality control audits of inclusionary units to ensure compliance with rules and requirements. Such audits may include verification of continued occupancy in inclusionary units by eligible tenants, compliance with the inclusionary housing plan and agreement, and physical inspections of the residential project.

(e)

Administrative procedures. The city manager is hereby authorized and directed to promulgate administrative procedures for the implementation of this article.

(Ord. No. NS-2881, § 2, 9-1-15; Ord. No. NS-2885, § 2, 10-6-15; Ord. No. NS-2994, § 3, 9-1-20; Ord. No. NS-3019, § 4, 4-19-22)

Secs. 41-1911—41-1999. - Reserved.

ARTICLE XIX. - THE TRANSIT ZONING CODE, SPECIFIC DEVELOPMENT NO. 84

2041 TRANSIT ZONING CODESPECIFIC DEVELOPMENT 84City of Santa Ana, California Division 1. General Provisions ARTICLE XIX. THE TRANSIT ZONING CODE, SPECIFIC DEVELOPMENT NO. 84*Division 1. General Provisions Sec. 41-2000. Purpose and intent. (a) This article provides detailed

regulations for development and land uses within the specific development area, and describes how these regulations will be used as part of the City’s development review process. This article is intended to provide for the integration of new development and rehabilitation of exist- ing structures with new and existing public transit infrastructure. This article will provide for: (1) A mixture of development and open spaces that situates commerce, work places, residences, and civic buildings within walking distance of transit and one another. (2) Streets that meet the needs of many transit modes including public transit, pedestrians, cyclists and automobiles. (3) Development that is maximally transit supportive. (4) New and remodeled buildings to work together to define the pedestrian- oriented space of the public streets to support and strengthen the existing character of the neighborhoods in which they are located. (5) The repair and stabilization of the area's existing urban fabric, characterized by an interconnected gridded street pattern and a mixture of architectural styles and uses, in order to support the successful expansion of public tran- sit and compatible development. Sec. 41-2001. Application of Article(a) The Transit Zoning Code, as authorized by Chapter 41, Article III, Division 26, Section 41-593 et seq., of the Santa Ana Municipal Code (SAMC), is subject tothe standards and regulations contained in this Article for the express pur-pose of establishing land use regulations and standards. All other applicable chapters, articles, and sections of the SAMC and any other regulations adopt-ed by the City Council shall apply unless expressly stated or superseded by this Article. All terms contained herein shall be defined by the SAMC, unless specifically defined in this Article. (b) Proposed development, including the construction, reconstruction or struc-tural alteration of a structure, subdivisions, and new and existing land uses, whether conforming or nonconforming, as defined in Section 41-126 of theSAMC, within the specific development area shall comply with all the appli-cable regulations established by this Article.(c) The regulations contained in this Article shall also apply to: 1.A change in land use within an existing building; and 2.A change in tenancy within an existing building requiring issuance of a new Certificate of Occupancy.(Ord. No. NS-3081, §3, 6-17-25)Sec. 41-2001.5 Organization(a)Regulating Plan and Zones Established: Sections 41-2006 through 2008 of thisArticle defines the zones within the Specific Development (SD) boundaries of SD-84, the parcels included within each zone, and describes, zone by zone, thestandards for building placement, design, and use consistent with the permit-ted uses identified in Table 2A.(b)Use Standards: Table 2A identifies the land use types allowed by the City ineach of the zones established by the Regulating Plan. A parcel within SD-84 boundaries shall be occupied only by land uses identified as allowed within the applicable zone and the type of City approval required by Table 2A.(c)Urban Standards by Zone: Sections 41-2010 through 2015 of this Article regu-lates the features of buildings that affect the public realm. The urban standards regulate building and parking placement, height, and profile, and vary accord-ing to the parcel's zone applied by the Regulating Plan. Standards for itemsnot explicitly described in this section, including but not limited to, walls and fences, mechanical equipment, trash bin enclosures, heliport and helipad,underground utility, installation of dish antennas, loading areas, parking lot design standards, refer to other Sections of Chapter 41 of the SAMC and theCitywide Design Guidelines. (d)Architectural Standards: Sections 41-2020 through 2039 regulates the mannerin which individual parcels and blocks are developed to create diverse andpedestrian-oriented development, through the use of three main components:(1)Sections 41-2020 through 2032 building types (e.g., duplex, rowhouse,courtyard housing)(2) Sections 41-2033 through 2039 frontage types (e.g., front yard/porch, stoop, arcade, shopfront)(3)Section 41-2040 (Table 4.3A) architectural styles (e.g., Main StreetCommercial, Mission Revival, Art Deco, Folk Victorian, Craftsman, CaliforniaContemporary).(e) Sign Standards: Section 41-2050 regulates all signage within the SD boundaries to be consistent with the character described for each zone.(f)Subdivision Guidelines: Establishes guidelines for the creation and mainte-nance of a finely grained and walkable network of blocks punctuated by inte-gral and varied open spaces.(g)Street Network Concepts: identifies conceptual location

iaContemporary).(e) Sign Standards: Section 41-2050 regulates all signage within the SD boundaries to be consistent with the character described for each zone.(f)Subdivision Guidelines: Establishes guidelines for the creation and mainte-nance of a finely grained and walkable network of blocks punctuated by inte-gral and varied open spaces.(g)Street Network Concepts: identifies conceptual location

and guidelines for thestreet network. This section provides guidelines for the rights-of-way align-ment, and width in plan and section with the corresponding details.(h)Definitions: Sections 41-2080 identifies and defines the terms used in thisCode.(Ord. No. NS-3081, §4, 6-17-25)Sec. 41-2002. Nonconforming buildings, structures and uses(a)A nonconforming building, structure or use shall comply with Article VI of thisChapter, except as provided below:(1)A building or structure that does not conform to the architectural style orstory height requirements of this Article shall not cause the structure to be nonconforming.(2)A nonconforming building, structure or use shall not be required to con-form to current zoning regulations based solely upon a change in owner-ship of the property, except as otherwise provided in this Article.(3)A sale, lease or other transfer of a property containing a nonconformingbuilding, structure or use does not trigger the loss of nonconforming sta- tus, except as otherwise provided in this Article.(4)Sections 41-681.1 through 41-681.4 and 41-683.6 of Article VI of thisChapter shall not apply to buildings, structures and uses addressed within this Article or building, structures, and uses within SD-84, nor to existing accessory dwelling units (ADUs) permitted by the City of Santa Ana before the amendment to this Article. (5)Rehabilitation, enlargement or structural alterations of any nonconform-ing structure or structure occupied by a nonconforming use, except for structures occupied by single family and two-family dwellings, may bemade as follows:a.Rehabilitation, limited to structural or non-structural alterations without any building expansion and without any intensification of a non-conforming use, is permitted if:1. The operational standards contained in Section 41-2008, as appli-cable, of this Article are met.2.All signage on the structure and the site on which it is located isbrought into conformity with the signage requirements of thisChapter, as approved by the Executive Director of the Planningand Building Agency, or designee.3.All outdoor storage is screened by a solid screen wall not toexceed eight (8) feet in height. Outdoor storage shall not exceed the height of the screen wall.4.There shall be no increase in the number of dwelling units unlessthe site on which the structure is located complies with the off- street parking and open space requirements of this Chapter.5.Architectural massing, features and detailing shall be modified tobring the structure into closer compliance with the architectural standards of this Article, as approved by the Executive Director of the Planning and Building Agency, or designee.b.Rehabilitation may include expansion of floor area without intensifi-cation of the nonconforming use when the total floor area does not exceed ten (10) percent of the floor area as it legally existed as permit- * The provisions contained herein as Article XIX, Divisions 1—7, Sections 41–2000—41–2080, derived from Ord. No. NS–2804, § 2, adopted

or of the Planning and Building Agency, or designee.b.Rehabilitation may include expansion of floor area without intensifi-cation of the nonconforming use when the total floor area does not exceed ten (10) percent of the floor area as it legally existed as permit- * The provisions contained herein as Article XIX, Divisions 1—7, Sections 41–2000—41–2080, derived from Ord. No. NS–2804, § 2, adopted

June 21, 2010. Amendments are indicated by parenthetical notes following amended sections. The absence of a history note indicates that the provisions remain unchanged from original codification.Supp. No. 32 TRANSIT ZONING CODE 2042 TRANSIT ZONING CODESPECIFIC DEVELOPMENT 84City of Santa Ana, California Supp. No. 32 ted and constructed as of April 15, 2025, provided that the following standards are met:1.The existing use is not a nonconforming industrial use.Nonconforming industrial uses may not be expanded.2.The operational standards contained in Section 41-2008 are met.3.All signage on the structure and the site on which it is located shall be brought into conformity with the requirements of this Chapteras approved by the Executive Director of the Planning and Building Agency, or designee.4.There shall be no loading or unloading of vehicles between thehours of 10 pm and 7 am.5.All outdoor storage is screened by a solid screen wall not to exceed eight (8) feet in height. Outdoor storage shall not exceed the height of the screen wall.6.There shall be no enlargement which would intrude into anyrequired setback area required by this Article.7.There shall be no enlargement which would result in a new non-conforming condition in violation of the requirements of this Chapter.8.Off-street parking shall be provided in conformance with therequirements of this Chapter.9. Landscaping shall be improved to bring the site on which the struc-ture is located into closer compliance with the landscaping require-ments of this Chapter, as approved by the Executive Director of the Planning and Building Agency, or

conforming condition in violation of the requirements of this Chapter.8.Off-street parking shall be provided in conformance with therequirements of this Chapter.9. Landscaping shall be improved to bring the site on which the struc-ture is located into closer compliance with the landscaping require-ments of this Chapter, as approved by the Executive Director of the Planning and Building Agency, or

designee.10.Architectural massing, features and detailing, shall be modifiedto bring the structure into closer compliance with the architectural standards of this Chapter, as approved by the Executive Director ofthe Planning and Building Agency, or designee.(6)Rehabilitation, enlargement or exterior structural alterations of buildingsoccupied by a single family and two-family dwellings is permitted subject to the following:a.Structural alterations and additions may be made where the total floorarea of all such expansions occurring in a five-year period does notexceed forty (40) percent of the floor space of the building as it existed at the beginning of that five-year period, provided the number ofdwelling units is not increased; and no new non-conformances with the requirements of this Chapter are created.b.Structural alterations and additions which exceed forty (40) percent ofthe total floor area as it existed at the beginning of a five-year period; or remodeling which involves the demolition of more than fifty (50) percent of the building shall be permitted; provided that the followingconditions are met:1.Off-street parking shall be provided in conformance with therequirements of this Chapter.2.No new nonconformities with the requirements of this Chapter arecreated.3.A minimum of eight hundred (800) square feet of usable, continuous, non-front yard open-space, excluding driveways and parkingareas is provided. Any open space with a minimum dimension of fifteen (15) feet by fifteen (15) feet shall be deemed continuousopen space.c. Where rehabilitation of a building involves more than fifty (50) percent of a building wall which encroaches into a front or side yard setback and is demolished or is structurally altered, the remainder of the building wall shall be demolished. Any subsequent building wall shall conform to all provisions of this Chapter.d.An existing two-car garage with a minimum dimension of eighteen(18)feet by eighteen (18) feet exterior dimension shall be considered conforming.e.Remodeling shall mean to reconstruct, or to make over in structure orstyle, but shall exclude re-roof, window replacement, exterior finish replacement and repair or similar modifications, as determined by theExecutive Director of the Planning and Building Agency, or designee.f.No provision contained in this Article shall be interpreted or imple-mented in a manner inconsistent with State law addressing accessorydwelling units, as contained in Government Code Section 66310, et. seq. as amended from time to time.(7)Discontinuance of Nonconforming Uses, Generally. Nonconforming usesshall be discontinued pursuant to Sec. 41-683 (Discontinuance of noncon-forming building or use) of this Chapter, regardless of intent, except asprovided below:a.Discontinuance of Noxious Use.1.If a nonconforming industrial use that meets the definition of aNoxious Use as defined in this Article requires a new certificate ofoccupancy for any reason other than a change in business name with no

usesshall be discontinued pursuant to Sec. 41-683 (Discontinuance of noncon-forming building or use) of this Chapter, regardless of intent, except asprovided below:a.Discontinuance of Noxious Use.1.If a nonconforming industrial use that meets the definition of aNoxious Use as defined in this Article requires a new certificate ofoccupancy for any reason other than a change in business name with no

change in owner of the business, legal nonconforming status shall be lost and any subsequent use must conform in everyrespect to the provisions of this Article.2.If a nonconforming industrial use that meets the definition of aNoxious Use as defined in this Article is determined to be in viola-tion of any applicable

Federal, State, or local regulation, as providedbelow, legal nonconforming status shall be lost and any subsequent use of the building shall conform in every respect to the provisionsof this Chapter:A.The violation lasts a period of thirty (30) consecutive days; orB.The violation(s) are observed and documented for a total periodof sixty (60) days in a one-year period; orC. Three noncompliant notices from a Federal, State, or local regula-tory agency relating to or arising from the nonconforming useare sent in a one-year period.3.For the purpose of this subsection (7) a. 2.:A.The thirty (30) consecutive day time period shall be measuredfrom the date of the first observed and documented violation.B.A one-year period shall be the twelve (12) consecutive months oftime preceding the sixtieth (60th) day of total violations; or thetwelve (12) consecutive months of time preceding the issuance of the third (3rd) noncompliant notice.C.Local regulations mean the SAMC, including, but not limited to,the operational standards contained in Section 41-2008 (m) of this Article.D.A local regulatory agency includes the City, County of Orange,special districts, or any other local government agency charged with regulating noxious uses.E.Noncompliant notices may include, but are not limited to, Noticeto Comply and Notice of Violation as issued by the South Coast Air

AMC, including, but not limited to,the operational standards contained in Section 41-2008 (m) of this Article.D.A local regulatory agency includes the City, County of Orange,special districts, or any other local government agency charged with regulating noxious uses.E.Noncompliant notices may include, but are not limited to, Noticeto Comply and Notice of Violation as issued by the South Coast Air

Quality Management District (SCAQMD), Department of Toxic Substances Control (DTSC), California Environmental ProtectionAgency (CalEPA), Certified Unified Program Agency (CUPA), andSanta Ana Regional Water Quality Control Board (SARWQB).(8)Elimination of Noxious Uses and Structures. a.Elimination of Noxious Uses and Structures, Generally. 1.The City Council has determined that elimination of noxious usesand structures by amortization may be considered based upon one or more of the following factors:A.The threat to the public health, safety, and welfare posed by thecontinuance of the noxious use or structure;B.Adaptability of the land and improvements to a currently permit-ted use;C.Compatibility with the existing land use patterns and densities ofthe surrounding neighborhood;D. Excessive calls for service to applicable response agencies related to the operation of the noxious use; andE.Failures to remedy notices of violation, administrative warnings,or other notices of noncompliance issued by a Federal, State, or local agency, including the City.2. The Executive Director of the Planning and Building Agency, ordesignee, in conjunction with other City Departments and Agencies, may establish, and periodically update, a list or data resource that identifies categories of noxious uses or structures 2043 TRANSIT ZONING CODESPECIFIC DEVELOPMENT 84City of Santa Ana, California Division 1. General Provisions with specific metrics and operational characteristics, to develop a ranking system for use in the consideration of eliminating noxious uses or structures through amortization.3. The determination of an appropriate amortization period for termina-tion of a noxious use pursuant to this Article shall be made by a Hearing Officer retained by the City and who has professional legal and land use experience to address amortization. The Hearing Officer shall order noxious uses and structures to be discontinued and removed from their sites within a period determined pursuant to the process set forth in Subsection b (Establishment of Amortization Periods), and consider the following:A.If the noxious user has not made a substantial investment in further-ance of the use or structure, or if the investment can be substantially utilized or recovered through a currently permitted use, the order may require a noxious use or structure to be discontinued and removed from their site within a minimum of one year after the date of the order.B.If the noxious user has made a substantial investment in furtheranceof the use or structure, or if the investment cannot be substantiallyutilized or recovered through a currently permitted use, the ordermay require the discontinuation and removal of the noxious use or structure within a longer reasonable amount of time.C.Noxious uses or structures that are determined to be an imminentthreat to the public health or safety may be subject to immediate cessation and removal, pursuant to Chapter 1 (General Provisions) of the SAMC.4.Noxious uses and structures may also, upon order from the City or acourt order, be subject to immediate cessation and removal of the nonconforming use or structure.b.Establishment of Amortization Periods. Where a period during which a noxioususe or structure is to be discontinued and removed from a site or sites is required pursuant to this Article, such period shall be established as follows:1. The Executive Director of the Planning and Building Agency, or desig-nee, shall submit the noxious use or structure and a recommended amortization period, based on subsection 4. herein, to a Hearing Officer pursuant to Chapter 3 of the SAMC for review;2. The Hearing Officer shall hold a noticed hearing to consider the recom-mended amortization period. Notice of the hearing shall be provided to the owner or operator of the noxious use or structure and the property owner at least ten (10) days prior to the hearing. Additional notice may also be provided to surrounding property owners and/ or tenants, at the discretion of the Executive Director of the Planning and Building Agency, or designee.3. The Hearing Officer shall consider the recommendations submittedby the Executive Director of the Planning and Building Agency, the General Plan of the City, and any testimony or evidence provided during the hearing, in order to determine the amortization schedule for elimination of the noxious use or structure.4. The Hearing Officer shall establish a maximum amortization period dur-ing which the noxious use or structure shall be permitted to contin-ue after considering the following in relation to the use or structure:A. The amount of investment or original cost of the use or

nce provided during the hearing, in order to determine the amortization schedule for elimination of the noxious use or structure.4. The Hearing Officer shall establish a maximum amortization period dur-ing which the noxious use or structure shall be permitted to contin-ue after considering the following in relation to the use or structure:A. The amount of investment or original cost of the use or

structure;B. The present actual or depreciated value of the use or structure;C. The remaining useful life of the use or structure;D. The remaining term of the lease (if applicable);E. The date or dates of construction;F.Amortization of the business or structure for tax purposes; G. The salvage value;H.Adaptability of the land and improvements to a currently permitteduse;I.Cost of moving and reestablishing the use elsewhere; J.Compatibility with the existing land use patterns and densities of thesurrounding neighborhood;K.The threat to the public health, safety, and welfare posed by the continuance of the noxious use or structure; L.Calls for service to applicable response agencies;M.Notices of violation, administrative warnings, or other notices ofnoncompliance arising from or related to the noxious use issued by a Federal, State, or local agency, including the City; andN.Other factors as appropriate.c.Hearing Officer Determination and Compliance. The determination of theHearing Officer shall be made in writing and shall be final.1.Notice of Amortization and Termination of Use. The ExecutiveDirector of the Planning and Building Agency, or designee, shall give notice by certified mail of the date upon which an amortization period will end to each owner of record whose property, or use of property, is not in conformance with the regulations of this Article, in those instances where an amortization period has been determined pursuant to this Article. Such notice shall be sent within ten (10) days of the determi-nation of the Hearing Officer. If the amortization period ends before or less than six (6) months after providing such notice, the notice shall be given that the amortization period in each instance shall be not less than six (6) months from the date the notice is sent. The notice shall set forth all pertinent provi-sions of this Article, including the declared purposes thereof and the approved amortization term. Failure to send notice by mail to any such owner where the address of such owner is not a matter of public record shall not invalidate any proceed-ings under this Article. The Executive Director of the Planning and Building Agency, or designee, shall be authorized record a Notice of Amortization Term & Termination of Use with the County Recorder, as provided for in California Government Code Section 27201(a).2.Notice of Termination and Order to Comply and Conclusion ofAmortization Period. Notice of Termination of a noxious use and order to comply shall be served by the Executive Director of the Planning and Building Agency, or designee, at the end of the amortization period upon the owner of record whose property contains such noxious use. In those instances, where the Executive Director of the Planning and Building Agency, or designee, is unable with reasonable effort to serve such notice to the property owner, such notice and order shall be served within thirty (30) days of the end of the amortization period by delivering same to an occupant of the structure containing the noxious use.3.Request for a Continuance of a Noxious Use Beyond Period ofAmortization Period. A request for a continuance of a noxious use beyond the period of amortization may be granted as fol-lows:A.Grounds for Continuance. A noxious use or structure may bemaintained for a reasonable time beyond its period of amorti-zation as specified in this Article if the Executive Director of the Planning and Building Agency, or designee, makes the follow-ing determinations:i.Special Circumstances. That special circumstances apply toany such use or structure that do not apply generally to others affected hereby; andii.Compatibility with Public Welfare. That such a continuancefor a prescribed period of additional time is in the public interest and will be reasonably compatible with, and not detrimental to, the use of adjacent properties.B.Application Process for Continuance. Any application for acontinuance of a noxious use or structure must be filed with the Planning Division no later than thirty (30) days followingthe service of a Notice of Termination and Order to comply,or within thirty (30) days following the continued termination date. An application for a continuance may be filed by theowner of the property, a person with a power of attorney fromthe owner of the property, or a lessee, if the terms of the lease permit the existing use. Fees shall be required in accordance with this Code.C. Determination by Executive Director of the Planning and Building Agency, or designee. Upon filing of a complete application, the Executive Director of the Planning and Building Agency, ordesignee, shall

he property, a person with a power of attorney fromthe owner of the property, or a lessee, if the terms of the lease permit the existing use. Fees shall be required in accordance with this Code.C. Determination by Executive Director of the Planning and Building Agency, or designee. Upon filing of a complete application, the Executive Director of the Planning and Building Agency, ordesignee, shall

investigate the matter, give proper notice to the applicant, hold an administrative hearing and make a decisionthereon based on the criteria set out in this Section and sup-ported by written findings of fact within seventy-five (75) days TRANSIT ZONING CODE 2044 TRANSIT ZONING CODESPECIFIC DEVELOPMENT 84City of Santa Ana, CaliforniaSupp. No. 32 from the date the application is filed, or within such extended period of time as may be mutually agreed upon by the applicant and the Executive Director of the Planning and Building Agency, or designee. The Executive Director of the Planning and Building Agency, or designee, may impose such conditions, including additional time extensions not to exceed two (2) additional years, as may be deemed neces-sary for the compatibility of such a noxious use with adjacent properties.D.Appeals. Appeals shall be filed in accordance withChapter 3 of the Santa Ana Municipal Code.4.Failure to Comply with Hearing Officer'sDetermination. Failure to comply with the Hearing Officer's determination to discontinue a noxious use or structure shall constitute a violation of this Chapter and is subject to fines and enforcement provisions of Sec. 1-8 of the SAMC.5.Failure to Terminate Use at Conclusion of AmortizationPeriod. The failure to terminate a noxious use at the conclusion of an approved amortization period shall be deemed a public nuisance in accordance with California Government Code, Section 38771. The City is hereby authorized to abate the nuisance in accordance with Chapter 17 of this Code or may pursue any alternative remedy to abate the use authorized by this Code or State law.d.Additional Administrative Policies and Procedures. TheExecutive Director of the Planning and Building Agency, or designee, may enact and shall publish any additional admin-istrative policies and procedures to effectuate the purposes of this Chapter, including, but not limited to, administra-tive policies and procedures to govern the selection of a neutral hearing officer and the conduct of hearings for theEstablishment of Amortization Periods in order to imple-ment the provisions of this Article.(9)Abatement. The provisions of this Section are in addition toauthority existing under State law to declare and abate a public nuisance pursuant to California law and other appli-cable provisions of the SAMC. In the event that a legal non-conforming structure or use is found to constitute a publicnuisance, appropriate and alternative action may be takenby the City pursuant to Chapter 1 (General Provisions) of theSAMC and Article VIII (Enforcement) of this Chapter.(10)Exception. The provisions of this section shall not applyto multifamily dwellings damaged or destroyed by fire in accordance with Government Code Section 65852.2. (11)Voluntary Compliance Agreement. The Executive Directorof the Planning and Building Agency, or designee, is hereby authorized to enter into a Voluntary Compliance Agreement with a business owner or property owner in order to estab-lish terms for compliance with the provisions of this Article.(Ord. No. NS3081, §5, 6-17-25) Sec. 41-2003. Affordable Housing Development Incentives. Any affordable housing project may use any or all of the following incentives pursuant to an Affordability Covenant Permit: (a)

ereby authorized to enter into a Voluntary Compliance Agreement with a business owner or property owner in order to estab-lish terms for compliance with the provisions of this Article.(Ord. No. NS3081, §5, 6-17-25) Sec. 41-2003. Affordable Housing Development Incentives. Any affordable housing project may use any or all of the following incentives pursuant to an Affordability Covenant Permit: (a)

Parking Design Incentive: Allows for tandem parking not to exceed 30 percent of the required parking per residential unit. (b) Private Open Space Incentive: For purposes of meeting the pri -vate open space requirement, the private open space incentive allows for encroach ment into required front or side setbacks for porches that project from the main building facade up to 50 per-cent of the required setback, provided that the remaining setbackarea is not less than 5 feet. (c) Density Bonus Incentive: The state density bonus law, (California Government Code sec-tions 65915 through 65918, as it may be amended from time to time) allows developers who guarantee that a portion of their residential development will be available to low income, very low-income or senior households to construct additional units beyond thatpermitted by the general plan land use element. This Specific Development does not placea limit on the number of units allowed provided that the project complies with the speci-fied limitations on height, setbacks, floor area, open space, massing and other zoning regu-lations. a. For purposes of this section, the maximum density allowed shall be based on the high -est number of the density range shown on table BT-1. b. All requests for density bonus shall follow the procedures and regulations established by Article XVI.I.Sec. 41-2004.

Repealed (Ord. No. NS-3081, §6, adopted June 17, 2025, repealed Sec. 41-2004 which pertained to the Industrial Overlay (I-OZ) Zone)Sec. 41-2005. Application for Discretionary Approvals (a) Site Plan Review shall mean specific development plan and shall comply with Sections 41-593.4 through 593.6. Sections 41593.4 through 593.6 shall only apply to structures overfour (4) stories in height. (b) Conditional use permits, variances and minor exceptions. Conditional use permits, variancesand minor exceptions shall be subject to Article V, except for the permit thresholds for minor exceptions shall be as identified in Table 1B.(c)Effect of amendments to this Article on applications in progress shall apply as follows:(1)Discretionary

nly apply to structures overfour (4) stories in height. (b) Conditional use permits, variances and minor exceptions. Conditional use permits, variancesand minor exceptions shall be subject to Article V, except for the permit thresholds for minor exceptions shall be as identified in Table 1B.(c)Effect of amendments to this Article on applications in progress shall apply as follows:(1)Discretionary

Applications Submitted and Determined Complete. All discretionarypermit applications that are active and that have been determined to be completebefore the effective date of the Article or any amendment, shall be processed in com-pliance with the requirements in effect when the application was deemed complete, and pursuant to all requirements of Section 41-2008.(2)Approved Projects Not Yet Under Construction. Any structure authorized by a discre-tionary permit or approval of a land use as allowed by this Article for which a Building Permit application has been submitted or a Building Permit has been issued maybe constructed in compliance with the permit or approval, as long as constructionis completed and the approved land use is established before the expiration of thepermit or, where applicable, before the expiration of any approved time extension.(3)Project Under Construction. A project for which a Building Permit has been issued may be continued and completed in compliance with the plans and specifications upon which the permit was issued.(Ord. No. NS-3081, §7, 6-17-25) 2044.1 TRANSIT ZONING CODESPECIFIC DEVELOPMENT 84City of Santa Ana, California Supp. No. 32 Division 1. General Provisions Review Authority [1]Permit TypePermit ThresholdsPlanningOccupancy and Use Clearancefor ‘P’ uses in table 2ADevelopment Approval[2]Sign Permit---Voluntary Lot Merger---Land Use CertificateFor 'LUC' uses in Table 2ALand use & building type Inter-pretations---ZAParcel Map< 5 parcelsMinor Exceptions [3](all permit thresholds are the maximum minor exception permitted) (1) Lot Width / Depth 10%(2) Setbacks15%(3) Building Height10%(4) Building Size/Massing15%(5) Driveway Access15%(6) Open Space Area15%(7) Sign Height/Width10%(8) Walls and Fences15%Conditional Use Permitfor 'CUP' uses in Table 2A, as autho-rized by the Planning CommissionPlanning CommissionConditional Use Permitfor ‘CUP’ uses in Table 2A, except as noted aboveSite Plan Approvalfor 'SPR' uses in Table 2ATentative Tract Map>4 parcelsVariancerequest is in excess of limits estab-lished for minor exceptionHRCModific. to Historic StructuresPlacement on Historic RegisterCity CouncilGeneral Plan AmendmentsZone Changechange in zoning category Code Amendments[4] Key to TableCC City Council PC Planning Commission HRC Historic Resources CommissionZA Zoning AdministratorPlanning : Executive Director of PBA or their designee [1]Review Authority The Review Authority iden -tified in Table 1B has theauthority to grant approvalof, or make a

resPlacement on Historic RegisterCity CouncilGeneral Plan AmendmentsZone Changechange in zoning category Code Amendments[4] Key to TableCC City Council PC Planning Commission HRC Historic Resources CommissionZA Zoning AdministratorPlanning : Executive Director of PBA or their designee [1]Review Authority The Review Authority iden -tified in Table 1B has theauthority to grant approvalof, or make a

recommenda-tion to the next higher Review Authority on the permit typesas described.[2]Development Approval Applications that are consis -tent with the applicable stan-dards of this code, and as fur-ther permitted by Table 2A, are to be approved administra-tively.[3]Modification of Standardsi.Minor Exception. Upon determination by Planning that the request, as authorized by Table 1B, and is consistent with the required findings in the SAMC, the identified standards may be modified by the Zoning Administrator. ii. Variance. Requests that exceed the lim-its identified in Table 1B, but that are within the intent of this code, are to be processed by Planning with a recommen-dation for review and action by the Planning Commission, subject to the required find- ings in the SAMC. [4]Code Amendment Approval of a Code Amendment, subject to the required findings in the SAMC, shall be considered by the City Council upon recom-mendation by the PlanningCommission.[5]Filing Fees. Applications submitted pursu -ant to this code shall be filed per the Planning Division’s procedures and processingfees in effect at the time ofapplication. APPLICANT PLANNING DETERMINES APPLICABLE REVIEW PROCESS BY RIGHT BY DISCRETIONARY ACTION ‘P’ USES IN TABLE 2AAPPLICATION IN COMPLIANCEWITH APPLICABLE

onsidered by the City Council upon recom-mendation by the PlanningCommission.[5]Filing Fees. Applications submitted pursu -ant to this code shall be filed per the Planning Division’s procedures and processingfees in effect at the time ofapplication. APPLICANT PLANNING DETERMINES APPLICABLE REVIEW PROCESS BY RIGHT BY DISCRETIONARY ACTION ‘P’ USES IN TABLE 2AAPPLICATION IN COMPLIANCEWITH APPLICABLE

STANDARDS APPEALTO PC APPROVAL AUTHORITYZONING ADMINISTRATOR MINOR EXCEPTIONS SELECTED CUP USESPARCEL MAPS PERMIT PROCESS EXTERIOR MODIFICATIONSADDITIONS TO HISTORIC PROPERTIES PERMIT PROCESS APPROVAL AUTHORITYPLANNING PERMIT PROCESS APPEALTO CC CUP AND SPR USESVARIANCESTRACT MAPS APPROVAL AUTHORITY PLANNING COMMISSION PERMIT PROCESS MODIFICATIONS TO TRANSITZONING CODEZONE CHANGESGENERAL PLAN AMENDMENTS PERMIT PROCESS PLANNING COMMISSION APPROVAL AUTHORITY CITY COUNCILAPPROVAL AUTHORITY HISTORIC RESOURCES COMMISSION APPEALTO CC OVER-THE-COUNTER REVIEWDEVELOPMENT PLAN REVIEW TABLE 1B: REVIEW AUTHORITY AND PERMIT TYPES [5] TABLE 1A: PERMITTING PROCESS TRANSIT ZONING CODE 2044.2 TRANSIT ZONING CODESPECIFIC DEVELOPMENT 84City of Santa Ana, California Supp. No. 32 2045 TRANSIT ZONING CODE SPECIFIC DEVELOPMENT 84 City of Santa Ana, California Supp. No. 32 Division 2. Regulating Plan and Zones Established Figure 2.1 Regulating Plan with Existing R.O.W. Sec. 41-2006. Zones Established (a) Purpose. This section establishes the zones applied to property within the plan area by the Regulating Plan. The Regulating Plan di - vides the plan area into separate zones that are based on a transect of intensity within the plan area that ranges from the most urban types of development and land use to the least urban types, with most zones providing for a significant mixture of land uses within them. This approach differs from conventional zoning maps that typically divide cities into zones that rigidly segregate residential, commer - cial, industrial, and institutional uses into separate areas, and thereby require residents to drive for nearly all daily activities. The use of zones based on development intensity (instead of land use zones) as the spatial basis for regulating development, directly reflects the functions of, and interrelationships between, each part of the plan area. The zones also effectively implement the City's urban design objectives for each part of the plan area, to establish and maintain attractive distinc - tions between each zone. This is why some parcels are zoned with more than one zone. In such cases, the zoning is divided along a clear boundary such as the middle of a block. The zones of this Regulating Plan allocate architectural types, frontage types, and land uses within the plan area, as well as providing detailed standards for building placement, height and profile. Figure 2.1 identi - fies the eight (8) zones applied within the plan area as they relate to existing rights-of-way and parcels. (b) Zones established. The following zones are applicable to this spe - cific plan, and applied to property within the boundary as shown on the Regulating Plan. (1) Transit Village (TV) Zone. The Transit Village zone is intended to provide standards for compact transit-supportive mixed-use/residential development. This zone is characterized by a wide range of building intensity, including mixed- use tower-on-podium buildings, flex blocks, liners, stacked flats, and courtyard housing. The zone accommodates retail, restaurant, en - tertainment, and other pedestrian-oriented uses at street level, with offices and flats above in the mixed-use building types, at high intensities and densities. The landscape palette is urban, with shading and accent street trees in parkway strips along Santa Ana Boulevard, and in sidewalk tree wells where on-street park - ing is provided. Parking is accommodated on-street, in struc - tures with liner buildings, and underground. (2) Government Center (GC) Zone. This area accommodates a wide variety of civic uses, including Federal, State, and local government offices and services, librar - ies, museums, community centers, and other civic assembly fa - cilities and is identified, but not regulated, by this Article. Refer to City requirements as identified in SAMC Chapter 41. Building types vary according to their public purpose, are programmed by the various government agencies for their specific sites, and therefore are not coded by this Article. The landscape style is urban, emphasizing shading street trees in sidewalk tree wells, and in landscaped public plazas. (3) Downtown (DT) Zone. This zone is applied to the historical shopping district of Santa Ana, a vital, pedestrian-oriented area that is defined by multi-story urban building types (flex blocks, live-work, stacked dwellings, and courtyard housing in the Downtown edges) accommodating a mixture of retail, office, light

ng shading street trees in sidewalk tree wells, and in landscaped public plazas. (3) Downtown (DT) Zone. This zone is applied to the historical shopping district of Santa Ana, a vital, pedestrian-oriented area that is defined by multi-story urban building types (flex blocks, live-work, stacked dwellings, and courtyard housing in the Downtown edges) accommodating a mixture of retail, office, light

service, and residential uses. The standards of this zone are intended to reinforce the form and character represented by pre-World War II buildings and recognized as a Na - tional Historic District, through restoration, rehabilitation, and context- sensitive infill. The standards also facilitate the replacement or improvement of post-war development that elimi - nated the pedestrian orientation of various downtown blocks (for example, parking structures with no features of pe - des - trian inter - est along their entire lengths). The landscape style is urban, emphasizing shading and accent street trees in sidewalk tree wells. Parking is accommodated on-street and TRANSIT ZONING CODE 2046 TRANSIT ZONING CODE SPECIFIC DEVELOPMENT 84 City of Santa Ana, California Supp. No. 32 may also be in structures with liner buildings, underground, and with - in block centers in surface lots not visible from streets. (4) Urban Center (UC) Zone. This zone is applied to the area surrounding the Downtown, which serves as a transitional area to the surrounding lower intensity neigh - borhoods and to other areas where mixed-use and multi-unit resi - dential buildings create a pedestrian-oriented urban fabric. The zone provides for a variety of non-residential uses and a mix of housing types at medium intensities and densities. Besides accom - modating community serving businesses, this zone may also serve the daily convenience shopping and service needs of nearby residents. Building types include mixed-use Flex Blocks, stacked �ats, live-work, row- houses, and courtyard housing. The landscape is urban, emphasizing shading street trees in sidewalk tree wells. Park - ing is accommodated on-street and may also be in structures with liner buildings and underground in areas adjacent to the DT zone, and in surface lots away from street frontages. (5) Corridor (CDR) Zone. This zone is applied to properties fronting existing com - mercial corridors and provides standards to improve pedestrian- orien - tation in a transit-supportive, mixed-use area. Mixed-use �ex block and live-work building types are at or near the sidewalk, and accommodate street level retail, ser - vice, and o ce uses, with o ce and residential above. The landscape style is ur - ban, em - pha - sizing shading street trees in side - walk tree wells. Park - ing is accommodated on-street, and in screened surface lots between buildings, or away from streets, with no more than half the site frontage occupied by parking. (6) Urban Neighborhood 2 (UN-2) Zone. This zone is applied to primarily resi - den - tial areas in - tended to ac - commodate a variety of housing types, with some opportunities for live-work, neighborhoodserving retail, and cafes. Ap - propriate building types include single dwellings, du - plex - es, triplexes and quadplexes, courtyard housing, rowhouses, and live- work. In some areas, the more intense, hybrid court building type is allowed where additional intensity is warranted while maintaining compatibility with neighboring proper - ties (see Regulating Plan). The landscape is appropriate to a neighbor - hood, with shading street trees in parkway strips, and shallow- depth landscaped front yards separating buildings from sidewalks. Parking is on-street, and in garages located away from street frontages. (7) Urban Neighborhood 1 (UN-1) Zone. This zone is applied to existing primarily residential areas and is intended to strengthen and stabilize the low intensity nature of these neighborhoods. Appropriate building types include single dwellings, duplexes, triplexes, and quadplexes, and live-work. The landscape is appropriate to a neighborhood, with shading street trees in parkway strips and landscaped front yards separating buildings from side - walks. Parking is on-street, and in garages located away from street frontages. (8) Open Space (O) Zone. This zone identi es areas reserved for community parks and other open spaces and is identi ed, but not regulated, by this Article. Refer to City requirements as identi ed in SAMC Chapter 41. Allowable structures in this zone are limited to those necessary to support the speci c purposes of the particular open space area (e.g., sport-court enclosures and multi-purpose buildings in active parks, and trails within passive parks). (Ord. No. NS-3081, §8, 6-17-25) Sec. 41-2007. Uses Permitted. (a) Allowable Land Use Types. A parcel or building within the SD-84 area shall be occupied by only the land uses allowed by the table en - ti - tled Use Stan - dards (hereinafter Use Standards Table) within the zone applied to the site by the Regulating Plan. (b) No building shall be erected, constructed, reconstructed or struc - turally altered ex

3081, §8, 6-17-25) Sec. 41-2007. Uses Permitted. (a) Allowable Land Use Types. A parcel or building within the SD-84 area shall be occupied by only the land uses allowed by the table en - ti - tled Use Stan - dards (hereinafter Use Standards Table) within the zone applied to the site by the Regulating Plan. (b) No building shall be erected, constructed, reconstructed or struc - turally altered ex

• cept in conformance with the provisions contained here - in; nor shall any building or land be used for any purpose other than that which is permitted in the district or modi ed district in which such build - ing or land is located. All uses, as de ned in this Ar - ticle, not expressly permitted in any district enumer - ated in Table 2A, are prohibited. (c) Garage sales are allowed in compli - ance with Section 41-193. (d) Temporary outdoor activities are al - lowed in compliance with Section 41-195.5. (e) Youth amuse - ment rides are per - mitted in compliance with Section 41-366 for C1 districts.++ (f) Drive- through facili - ties shall not be permit - ted. (g) The conver - sion of existing structures con - taining residential land uses to non-residential land uses is prohibited in the UN-1 zone. (Ord. No. NS-3081, §9, 6-17-25) Sec. 41-2008. Operational Standards. (a) All prop - erty shall be maintained in a safe, sanitary and attractive condition including, but not limit - ed to, struc - tures, land - scaping, parking areas, walkways, and trash enclosures. (b) All busi - ness activities shall be con - ducted and located within an enclosed building, except as allowed by Section 41-195 of the SAMC and except that the following busi - ness activities may be conducted outside of an enclosed building: (1) Newsstands (2) Flower Stands (c) There shall be no manufacturing, processing, compounding, as - sembling or treatment of any material or product. (d) There shall be no work inside of a structure that generates noise that exceeds 60 dB CNEL measured at the exterior wall of the indi - vidual tenant unit of a structure. (e) Storage of goods and supplies shall be limited to those sold at retail on the premises or utilized in the course of business. (f) Public utility structures, including electric distribution and trans - mission substations shall be screened by a solid wall at least eight (8) feet high, except as restricted by Sections 36-45, 36-46, and 36-47. (g) Any activity permitted shall be conducted in such a manner as not to have a detrimental e ect on permitted adjacent uses by reason of refuse matter, noise, light, or vibration. (h) Artisan/craft product - limited on site production and research 2047 TRANSIT ZONING CODE SPECIFIC DEVELOPMENT 84 City of Santa Ana, California Supp. No. 32 Division 2. Regulating Plan and Zones Established General retail, except with any of the following features P P P P P(2) --- • Floor area over 20,000 per tenant CUP CUP P --- CUP --- Eating establishments P P P P P(2) --- Artisan/craft product - limited on-site production CUP CUP CUP --- CUP --- RETAIL SERVICE GENERAL Banquet facility/catering- sub. to 41.199.1(a) through (d) CUP CUP CUP CUP (1) CUP --- Daycare Centers P (3) P (3) P P CUP CUP Adult day care center-subject to 41.199.2 of the SAMC P (3) P (3) P P P --- Hotel, excl. transient residential hotel and long term stay P P P P --- --- Personal services P P P P P(2) P (2) Personal services - restricted --- --- CUP CUP CUP --- Pet day care facility CUP CUP CUP CUP CUP ---

catering- sub. to 41.199.1(a) through (d) CUP CUP CUP CUP (1) CUP --- Daycare Centers P (3) P (3) P P CUP CUP Adult day care center-subject to 41.199.2 of the SAMC P (3) P (3) P P P --- Hotel, excl. transient residential hotel and long term stay P P P P --- --- Personal services P P P P P(2) P (2) Personal services - restricted --- --- CUP CUP CUP --- Pet day care facility CUP CUP CUP CUP CUP ---

Tattoo/Body Art Establishments - subject to 41.1993 of the SAMC P P P P --- --- Craft and specialized automotive restoration service --- P P P CUP --- RECREATION, EDUCATION AND ASSEMBLY Community assembly P(1) P (1) P (1) P CUP CUP Health/fitness facility P P P P CUP --- Library, museum P P P P P

CUP Schools P (1) P (1) P (1) P CUP CUP Studio P P P P CUP CUP Theater, cinema or performing arts P P P P CUP --- Trade School P(1) P(1) P(1) P(1) CUP --- Commercial Recreation (Indoor) up to 5,000 square feet maximum floor area per tenant P P P --- P --- Commercial REcreation (indoor) > 5,000 square feet floor area per tenant CUP CUP CUP --- CUP --- RESIDENTIAL Live-Work Use / Joint living-working quarters P (2) P (2) P (2) P (2) CUP CUP Care Homes CUP CUP CUP CUP CUP CUP Single Dwelling --- --- --- --- P P Multi-Family Dwellings P (1) P (1) P (1) P (1) P P Land Use Type Permit Required by Zone TV DT UC CDR UN-2 UN-1 Table 2A - Use Standards Refer to Key to Zone Symbols table on following page for zone description and use notations TRANSIT ZONING CODE 2048 TRANSIT ZONING CODE SPECIFIC DEVELOPMENT 84 City of Santa Ana, California Supp. No. 32 BUSINESS-FINANCIAL-PROFESSIONALTECHNOLOGY Bank, nancial services P P P P --- --- Business support service P P P P P(2) P (2) Clinic, urgent care --- --- CUP P --- --- Doctor, dentist, chiropractor, etc, o ce P(1) P(1) P(1) P --- --- Laboratorymedical - analytical --- P(1) P(1) P CUP --- Media production - o ce or storefront type (no sound - stage) P P P(1) -- P --- Professional / administrative/service office P(1) P(1) P(1) P P(2) P (2) Research and

l services P P P P --- --- Business support service P P P P P(2) P (2) Clinic, urgent care --- --- CUP P --- --- Doctor, dentist, chiropractor, etc, o ce P(1) P(1) P(1) P --- --- Laboratorymedical - analytical --- P(1) P(1) P CUP --- Media production - o ce or storefront type (no sound - stage) P P P(1) -- P --- Professional / administrative/service office P(1) P(1) P(1) P P(2) P (2) Research and

development P(3) --- P(3) --- CUP --- TRANSPORTATION, COMMUNICATION, INFRASTRUCTURE Helistops CUP CUP --- --- --- --- Parking facility - public or commercial , inclusive of an - cillary recharging spaces for electric vehicles P P P P --- --- Transit station or terminal CUP --- --- CUP --- --- Public utility structure, excluding wireless communica - tion facilities --- --- --- --- CUP --- Public utility structure, excluding wireless comunica - tion facilities --- --- --- --- CUP --- MISCELLANEOUS Any structure over four (4) stories in height SPR SPR SPR SPR SPR --- Businesses operating between 12 and 7 am CUP CUP CUP CUP CUP CUP Alcoholic beverage sales or consumption CUP CUP CUP CUP CUP --- Expansion of existing, legally established self-storage facility --- --- --- --- CUP --- Drive-thru facility --- --- --- --- --- --Key to Zone Symbols TV Transit Village CDR Corridor DT Downtown UN-2 Urban Neighborhood 2 UC Urban Center UN-1 Urban Neighborhood 1 P use is permitted subject to compliance with all appli - cable provisions the Santa Ana Municipal Code. LUC use is permitted subject to the approval of a Land Use Certificate. CUP use is permitted subject to the approval of a Conditional Use Permit. SPR use is permitted subject to the approval of Site Plan Review. --- use not permitted in particular zones. Land Use Type Permit Required by Zone TV DT UC CDR UN-2 UN-1 Table 2A - Use Standards Key (1) Use permitted only on second or upper floors, or behind retail or ser - vice ground floor use. (2) Permitted only as part of a vertical mixed use project, with upper floor residential. (3) Permitted only as part of a mixed use project with a commercial or residen - tial component. 2049 TRANSIT ZONING CODE SPECIFIC DEVELOPMENT 84 City of Santa Ana, California Supp. No. 32 2048.1 TRANSIT ZONING CODE SPECIFIC DEVELOPMENT 84 City of Santa Ana, California Division 2. Regulating Plan and Zones Established and development land uses shall require a solid wall or fence not less than eight (8) feet in height along any rear or side lot line. (i) All business activities, including, but not limited to, compounding, pro - cessing, packaging or assembly of articles of merchandise and treatment of products shall be conducted within a completely enclosed building. No ancillary vehicle maintenance or repair shall be allowed on site. (j) Loading areas shall not be visible from streets. Loading areas not fac - ing a street shall be setback at least thirty-five (35) feet from the property line. (k) No business activity that generates noise or vibration shall be con - ducted between 8:00 p.m. and 7:00 a.m. Monday through Friday and 8:00 p.m. and 10:00 a.m. Saturday and Sunday. (l) Automobile servicing uses including nonconforming establishments, shall comply with the following operational standards: (1) No automobile servicing shall be conducted before 7:00 a.m. or after 8:00 p.m. Monday through Friday and before 10:00 a.m. or after 8:00 p.m. Satruday and Sunday. (2) All work shall be conducted inside an enclosed structure. (3) Outdoor or overnight vehicle storage is not permitted. (m) In addition to the operational standards listed above, with the excep - tion of subsection (c), the following shall apply to nonconforming indus - trial uses: (1) The purpose of these operational standards is to protect and improve the living and working environment, the appearance of the community, reduce or eliminate nuisance conditions, and minimize the impacts of industrial uses on adjacent properties. (2) These standards are in addition to the operational standards estab - lished above, and shall apply to all nonconforming industrial uses, in - cluding those existing industrial uses that become nonconforming at the effective date of any implementing ordinance. (3) Land or buildings shall not be used or occupied in a manner creating any dangerous, injurious, or noxious fire, explosive or other hazard that would adversely affect the surrounding area. (4) If any nonconforming use that operates in an unlawful manner, including but not limited to: frequent code violations, police calls, or loitering complaints relating to the nonconforming use; or is not in good standing with the City, including, but not limited to violations of Chapter 16 of the Santa Ana Municipal Code or public nuisances as defined and addressed by Chapter 17 of the Santa Ana Municipal Code will lose its nonconforming status, enabling the City to take corrective action as it deems appropriate, including initiating a hearing to consider business license revocation and/or terminating utility services or connections. For the purposes of this section, "frequent" is defined as more than one (1)

ode or public nuisances as defined and addressed by Chapter 17 of the Santa Ana Municipal Code will lose its nonconforming status, enabling the City to take corrective action as it deems appropriate, including initiating a hearing to consider business license revocation and/or terminating utility services or connections. For the purposes of this section, "frequent" is defined as more than one (1)

violation, call, or complaint per month during any twelve (12) month pe - riod, and "constant service calls" is defined as more than one (1) service call per month relating to or arising from the nonconforming use during any twelve (12) month period. (5) Enclosed Operations. a. All business activities, including, but not limited to, compounding, pro - cessing, packaging, or assembly of articles of merchandise and treatment of products shall be conducted within a completely enclosed building. b. No automobile service or repair of any kind shall be allowed outdoors on site. (6) Air Emissions and Dust a. No land use shall generate or cause any visible dust, gases, or smoke to be emitted into the atmosphere. b. Uses, activities, and processes shall not operate in a manner that emit dust, fumes, odors, smoke, or particulate matter, unless authorized under Federal, State, or local law. Sources of air emis - sions shall comply with all rules established by the Environmental Protection Agency (Code of Federal Regulations, Title 40), the California Air Resources Board, and the South Coast Air Quality Management District. (7) Light, Glare, and Heat a. No direct or indirect glare or heat, whether from floodlights or from high-temperature processes (including combustion or weld - ing or otherwise) shall be visible or felt at the property line. b. To ensure that industrial development does not create light and glare nuisances, the following performance standards shall be observed: 1. Lighting must be shielded, boxed, or directed at a downward angle so as to minimize the generation of light and glare and to ensure that there is no spillover of light and glare that will impact drivers or pedestrians on the public streets, on-site activities, and adjoining or nearby properties. 2. No activity shall be permitted which causes excessive light and glare to be transmitted or reflected to surrounding properties at a level resulting in detrimental impacts to adjacent properties as determined by the Executive Director of the Planning and Build - ing Agency, or designee. c. Light sources shall generally not be permitted in landscaped, buffer, or setback areas except for those illuminating pedestrian walkways.

ed which causes excessive light and glare to be transmitted or reflected to surrounding properties at a level resulting in detrimental impacts to adjacent properties as determined by the Executive Director of the Planning and Build - ing Agency, or designee. c. Light sources shall generally not be permitted in landscaped, buffer, or setback areas except for those illuminating pedestrian walkways.

Lighting used to illuminate parking areas shall be designed, located, and installed to be shielded and downlit and to reflect away from any nearby residential areas. Lighting for advertising signs shall not create glare or light which extends to surrounding properties. d. No use shall be operated such that significant, direct glare, inci - dental to the operation of the use, is visible beyond the boundar - ies of the lot where the use is located. (8) Ground Vibration a. No use shall generate ground vibration perceptible without instruments at any point along the property line of the site except for motor vehicle operations. b. No vibration shall be produced that is transmitted through the ground and is discernible without the aid of instruments by a rea - sonable person at the property lines of the site. Vibrations from temporary construction, demolition, and vehicles that enter and leave the subject parcel are exempt from this standard. (9) Materials or Waste Storage a. No material or waste shall be deposited upon a subject parcel in such form or manner that it may be transferred off the parcel by natural causes or forces. b. All materials or wastes which might cause fumes or dust, or which constitute a fire hazard, or which may be edible by or oth - erwise be attractive to rodents or insects shall be stored outdoors only in closed containers. (10) Hazardous Materials a. Land or buildings shall not be used or occupied in any manner so as to create any fire, explosive or other hazard. All activities involving the use or storage of combustible, explosive, caustic, or otherwise hazardous materials shall comply with all applicable local, State, and Federal safety standards and shall be provided TRANSIT ZONING CODE 2050 TRANSIT ZONING CODE SPECIFIC DEVELOPMENT 84 City of Santa Ana, California Supp. No. 32 TRANSIT ZONING CODE 2048.2 TRANSIT ZONING CODE SPECIFIC DEVELOPMENT 84 City of Santa Ana, California with adequate safety devices against the hazard of fire and explosion, and adequate firefighting and fire suppression equipment in compli - ance with City of Santa Ana regulations. The burning of waste materials in open fires without written approval of the Fire Department is prohib - ited. b. No activities shall be permitted which emit dangerous radioactiv - ity at any point nor shall electrical disturbances which adversely affect the operation of any equipment, other than that of the creator of such disturbances, be allowed. c. No use, activity or process shall cause

ons. The burning of waste materials in open fires without written approval of the Fire Department is prohib - ited. b. No activities shall be permitted which emit dangerous radioactiv - ity at any point nor shall electrical disturbances which adversely affect the operation of any equipment, other than that of the creator of such disturbances, be allowed. c. No use, activity or process shall cause

electromagnetic interference with normal radio and television reception, or with the function of other electronic equipment beyond the property line of the site in which it is situated. All uses, activities and processes shall comply with applicable Federal Communications Commission regulations. (11) Liquid and Solid Waste a. Liquid or solid wastes discharged from the premises shall be prop - erly treated prior to discharge so as not to contaminate or pollute any watercourse or groundwater supply or interfere with bacterial processes in sewage treatment. b. The disposal or dumping of solid wastes, such as slag, paper and fiber wastes, or other industrial wastes, is prohibited. c. Wastes shall be handled and stored so as to prevent nuisances, health, safety, and fire hazards, and to facilitate recycling subject to the review and oversight of the Fire Department. Closed containers shall be pro - vided and used for the storage of any materials which by their nature are combustible, volatile, dust, or odor producing or edible or attractive to rodents, vermin, or insects. (12) Site Maintenance. All industrial land uses shall be maintained in compliance with Chapter 16 of the Santa Ana Municipal Code and not constitute public nuisances as defined and addressed by Chapter 17 of the Santa Ana Municipal Code at all times and consistent with project conditions of approval (if applicable). (13) Truck Parking and Loading a. All truck parking areas must be on paved surfaces. The parking, load - ing or unloading of trucks associated with a business on public streets is prohibited. b. Trucks idling is prohibited. c. All truck parking and loading areas shall be maintained in good condi - tion as determined by the City. Annual inspections may be conducted by the City to ensure compliance. Any violation or failure to comply with any of the requirements of this Chapter shall be deemed a nuisance. (Ord. No. NS-3081, §9, 6-17-25) 2049 TRANSIT ZONING CODE SPECIFIC DEVELOPMENT 84 City of Santa Ana, California Supp. No. 6 Division 3. Urban Standards by Zones Division 3. Section 412009. Building and Parking Placement, Building Height and Profile, Encroachments, and Parking Summary A. Requirements 1. Purpose. This Division identifies the standards and requirements for new build - ings, or buildings to be modified, for each zone within the Code area to ensure that proposed development is consistent with the City's goals for building form, character, and quality within the Code area. The zones are organized by inten - sity from the most intense (TV) to the least intense (UN-1). Unless stated other - wise, all requirements are expressed as 'minimums' and may be exceeded (e.g., 2 parking spaces required and 3 provided) in compliance with all applicable provisions of this code and Chapter 41. 2. Applicability. Each proposed improvement and building shall be designed in compliance with the standards of this Division for the applicable zone, except for public and institutional buildings, which because of their unique disposition and application are not required to comply with these requirements and are reviewed by a special permit and procedures. 3. Requirements by zone. Each proposed building shall be designed according to the urban standards identified per the zone in which the property is located. B. Summary of

he applicable zone, except for public and institutional buildings, which because of their unique disposition and application are not required to comply with these requirements and are reviewed by a special permit and procedures. 3. Requirements by zone. Each proposed building shall be designed according to the urban standards identified per the zone in which the property is located. B. Summary of

Zones At right, in Table 3A, are the six zones (see Note below) organized in descend - ing order according to their role and intensity within the Code area and as they appear in this Chapter: Transit Village (TV) Downtown (DT) Urban Center (UC) Corridor (CDR) Urban Neighborhood 2 (UN-2) Urban Neighborhood 1 (UN-1) Note: the Government Center District and Open Space Zones are identified in this Code but regulated by the Santa Ana Municipal Code. 3.4 Downtown (DT) 3.3 Transit Village (TV) Intent and Character of TV Zone Intent and Character of DT Zone Building Setbacks in feet Front yard 0-10 [1] Side Street 0-10 [1] Side yard 0 Rear yard 15 Alley rear yard 3 [1] Grand Ave - Min 15', From current R.O.W Building Setbacks in feet Front yard 0 Side Street 0-10 Side yard 0 Rear yard 15 Alley rear yard 3 Table 3A: ZONE SUMMARY OF STANDARDS Parking per DU or Sq Ft DU / Sq Ft + Guest Residential 2 0.15 LiveWork 2 - Non-Residential 1/400 - In-Lieu Fee [b] yes yes Parking per DU or Sq Ft DU / Sq Ft + Guest Residential 2 0.15 Live-Work 2 - Non-Residential 1/400 - In-Lieu Fee [b] yes yes Key to Table 3A Light shaded text means 'not permitted' in the zone. ' - ' means not applicable in the zone. [a] Max Stories for all zones refer to the total number of stories permitted per Zone. The massing for all buildings are subject to

size and massing standards, as described in Building Type Standards for each building type (Section 412020), as indicated in the example table below. ALLOWED MASSING BY STORY Ratio of Each Story in % of ground floor STORY 1 2 3 4 5 6 7 8 % 100 100 100 75 50 35 10 N/A [b] May be satisfied through In-Lieu Fee and Park-Once Program, if estab - lished Notes continued on next page Building Types Max Stories [a] (see Chapter 4.1 for standards) Tower-on-Podium 25 Flex Block 5 Lined Block 5 Stacked Dwellings 6 Hybrid Court - Courtyard Housing 5 Live-Work 3 Rowhouse - Tuck-Under 3 Bungalow Court - Duplex/Triplex/ Quadplex - House - Building Types Max Stories [a] (see Chapter 4.1 for standards) Toweron-Podium - Flex Block 10 Lined Block 5 Stacked Dwellings 6 Hybrid Court - Courtyard Housing 5 LiveWork 3 Rowhouse - Tuck-Under 3 Bungalow Court - Duplex/Triplex/ Quadplex - House - TRANSIT ZONING CODE 2050 TRANSIT ZONING CODE SPECIFIC DEVELOPMENT 84 City of Santa Ana, California Supp.

w Court - Duplex/Triplex/ Quadplex - House - Building Types Max Stories [a] (see Chapter 4.1 for standards) Toweron-Podium - Flex Block 10 Lined Block 5 Stacked Dwellings 6 Hybrid Court - Courtyard Housing 5 LiveWork 3 Rowhouse - Tuck-Under 3 Bungalow Court - Duplex/Triplex/ Quadplex - House - TRANSIT ZONING CODE 2050 TRANSIT ZONING CODE SPECIFIC DEVELOPMENT 84 City of Santa Ana, California Supp.

No. 6 3.7 Urban Neighborhood 2 (UN-2) 3.8 Urban Neighborhood 1 (UN-1) 3.5 Urban Center (UC) 3.6 Corridor (CDR) Intent and Character of UC Zone Intent and Character of CDR Zone Intent and Character of UN2 Zone Intent and Character of UN1 Zone Building Set - backs in feet Front yard 20 Side Street 10 Side yard 5 [1] Rear yard 20 Alley rear yard 3 Building Setbacks in feet Front yard 5-15 [1] Side Street 0-10 [1] Side yard 0 Rear yard 15 Alley rear yard 3 [1] Grand Ave - Min 25' from current R.O.W. Building Set - backs in feet Front yard 10 [1] Side Street 10 Side yard 1 story 5 2 story 5 3 story 8 4 story 12 Rear yard 15 Alley rear yard 3 Building Setbacks in feet Front yard 0 Side Street 0-10 Side yard 0 Rear yard 15 Alley rear yard 3 Parking per DU or Sq Ft DU / Sq Ft + Guest Residential 2 0.15 Live-Work 2 0.15 Non-Residential 1/300 - In-Lieu Fee [b] no no Parking per DU or Sq Ft DU / Sq Ft + Guest Residential 2 0.25 Live-Work 2 0.25 NonResidential 1/200 - In-Lieu Fee [b] no no Parking per DU or Sq Ft DU / Sq Ft + Guest Residential 2 0.25 Live-Work 2 0.25 Non-Residential 1/300 - In-Lieu Fee [b] no no Parking per DU or Sq Ft DU / Sq Ft + Guest Residential 2 0.25 Live-Work 2 0.25 Non-Residential >750 sf: 1 - 750-1200 sf: 1 - >1200 sf: 1 per 300 s.f - In-Lieu Fee [b] no no [1] Grand Ave: Min 25' from current R.O.W. [1] Or varies Notes: The above table is a summary of the requirements by zone. Refer to the following chapters of this code for the full requirements per build - ing type. The zones are arranged on a continuum of intensity with the most intense at left and the least intense at right. Each zone is aimed at generating or maintaining a distinct character through the allocation of appropriate building and frontage types and the placement of those types on parcels. Frontage Types Allowed (see Chapter 4.2 for standards) Arcade - Gallery - Shopfront - Forecourt - Stoop Y Frontyard & Porch Y Frontage Types Allowed (see Chapter 4.2 for standards) Arcade - Gallery Y Shopfront Y Forecourt Y Stoop - Frontyard & Porch - Frontage Types Allowed (see Chapter 4.2 for standards) Arcade - Gallery - Shopfront Y Forecourt Y Stoop Y Frontyard & Porch Y Frontage Types Allowed (see Chapter 4.2 for standards) Arcade - Gallery - Shopfront Y Forecourt Y Stoop Y Frontyard & Porch Y Building Types Max Stories [a] (see Chapter 4.1 for standards) Tower-on-Podium - Flex Block - Lined Block - Stacked Dwellings - Hybrid Court - Courtyard Housing - Live-Work 2 Rowhouse - Tuck-Under - Bungalow Court 2 Duplex/Triplex 2 House 2 Building Types Max Stories [a] (see Chapter 4.1 for standards) Tower-on-Podium - Flex Block 3 Lined Block - Stacked Dwellings - Hybrid Court - Courtyard Housing - Live-Work 3 Rowhouse - Tuck-Under - Bungalow Court - Duplex/Triplex/ Quadplex - House - Building Types Max Stories [a] (see Chapter 4.1 for standards) Tower-on-Podium - Flex Block - Lined Block - Stacked Dwellings - Hybrid Court 5[1] Courtyard Housing 4 Live-Work 3 Rowhouse 3 Tuck-Under 3 Bungalow Court 2 Duplex/Triplex/ Quadplex 3 House 2 [[1] see Regulating Plan for allowed location Building Types Max Stories [a] (see Chapter 4.1 for standards) Tower-on-Podium - Flex Block 5 Lined Block 5 Stacked Dwellings 5 Hybrid Court - Courtyard Housing 5 Live-Work 3 Rowhouse - Tuck-Under 3 Bungalow Court - Duplex/Triplex/ Quadplex - House - 2051 TRANSIT ZONING CODE SPECIFIC DEVELOPMENT 84 City of Santa Ana, California Supp. No. 6 Division 3. Urban Standards by Zones (a) Permitted buiding types and mini - mum and maximum height. Table TV-1, entitled Building Types and Mimimum and Maximum Height identifies the

s 5 Hybrid Court - Courtyard Housing 5 Live-Work 3 Rowhouse - Tuck-Under 3 Bungalow Court - Duplex/Triplex/ Quadplex - House - 2051 TRANSIT ZONING CODE SPECIFIC DEVELOPMENT 84 City of Santa Ana, California Supp. No. 6 Division 3. Urban Standards by Zones (a) Permitted buiding types and mini - mum and maximum height. Table TV-1, entitled Building Types and Mimimum and Maximum Height identifies the

approved building types and the minimum and maximum height that is permitted for each building type within the TV zone subject to compliance with all applicable standards. Table TV-1. Building Types and Minimum and Maximum Height Building Types Min Stories Max Stories Tower-on-Podium 3 25 Flex Block 3 5 Lined Block 3 5 Stacked Dwellings 3 6 Hybrid Court not allowed not allowed Courtyard Housing 3 5 LiveWork 3 3 Rowhouse not allowed not allowed Tuck-Under Housing 3 3 Bungalow Court not allowed not allowed Duplex/Triplex/ Quadplex not allowed not allowed House not allowed not allowed Use-Type Parking Guest Parking In-Lieu [a] Residential [b] 2 / unit min 0.15 / unit guest only Live-Work 2 / unit min - - Non-Residential 1 / 400 sq ft - yes Type Min Width Max Width 1-way 8' 12' 2-way 20' 25' Parking not permitted not permitted (d) Parking. (1) Driveway Standards . Table TV-4 identifies the minimum and maximum width of driveways and permitted parking on driveways. Table TV-4 Driveway Standards (2) Offstreet parking standards a. Table TV-5 identifies the minimum off-street parking spaces that shall be provided. All frac- tions shall be rounded up to the next whole number. Table TV-5- Off-Street Parking Standards . Setback Above Grade Subterranean (2a) Front yard Min. 40% design lot depth 0' min. (2b) Street side 10' min. 0' min. (2c) Side yard 0' min. 0' min. (2d) Rear yard 10' min. 3' min. (2e) Alley yard 3' min. 3' min. Front Street Side Alley where occurs 2a 2b 2c 2e c. Parking setback standards. Table TV-6 identifies the minimum setback standards for the off-street parking. The setbacks shall apply to all stories of a building. Table TV-6- Parking Setback Standards . Table TV-2 identifies the minimum setbacks required and, where noted, maximum setbacks permitted. The setbacks shall apply to all stories of a building. Table TV-2- Building Setback Standards . [a] In situations where the existing sidewalk is 10 feet or less in width, at the discretion of the City of Santa Ana, a setback greater than iden - tified in the above table may be required to effectively result in a 10 foot wide sidewalk. [b] Setback at Grand Ave. is 15' minimum - 25' maximum measured from the right-of-way as it exists in 12/31/2009. (b) Building Setbacks. Setback Min. Max. (1a) Front yard 0' [a] [b] 10' (1b) Street Side 0' [a] [b] 10' (1c) Sideyard 0' Not applicable (1d) Rear yard 15' Not applicable (1e) Alley yard 3' Not applicable 1a 1b 1e 1e 1d 1c Front Street Side Alley where occurs see encroachments see encroachments The ground floor fronting a street or other right- of-way (not including alleys) shall comply with the standards for the applicable frontage type, Sections 41-2033 thorugh 41-2039 and the Table TV-3 entitled Permitted Frontage Types . Table TV-3- Permitted Frontage Types Frontage Types Permitted % of frontage Arcade min. 50 Gallery min. 50 Shopfront min. 75 Forecourt Max. 50; remainder of frontage per permit - ted types (c) Frontage Requirements. (e) Encroachments. (1) Outdoor dining Such encroachments per approval of PBA (Planning & Building Agency) and PWA Directors, separate permit and agreement per SAMC. (2) Encroachments. Awnings, Signage, Balconies, Bay windows and Frontage Types may encroach into the required setback subject to the standards indentified in Table

emainder of frontage per permit - ted types (c) Frontage Requirements. (e) Encroachments. (1) Outdoor dining Such encroachments per approval of PBA (Planning & Building Agency) and PWA Directors, separate permit and agreement per SAMC. (2) Encroachments. Awnings, Signage, Balconies, Bay windows and Frontage Types may encroach into the required setback subject to the standards indentified in Table

TV-7, entitled Encroachments. Table TV-7 Encroachment Encroachment Vertical Horizontal (2a) except awnings, and gal - lery and arcade frontage types min 8' clear max 18" (2b) except awnings, and gal - lery and arcade frontage types min 12' clear max 24" (2c) awnings, and gallery and arcade frontage types min 10'clear within 2' of curb Side yard N/A 0' Rear yard to eave [1] 5' Alley yard to eave [1] 3' a Min 2' clear of curb CURB Allowable Encroachment per table below R.O.W. Property Line Setback Line 2a,b 2b 2a,b 2c 2c 2c a R.O.W. Property Line Setback Line Per Table TV-1 Per Table TV-3 if parcel has side street frontage Frontage height and other re - quirements per Section 41-2033 [a] May be satisfied through In-Lieu Fee and Park- Once Program for TV District, if established [b] Permanent Special Need Housing including senior housing, will be parked at 1 space per unit minimum. Parking Permitted Section 41-2010. Transit Village (TV) b. Vehicular access to the off-street parking is per- mitted only from an alley or side street when present. Vehicular access to the off-street park- ing may be taken from primary street only when an alley or side street is not present. [1] Eave permitted to 3' of property line TRANSIT ZONING CODE 2052 TRANSIT ZONING CODE SPECIFIC DEVELOPMENT 84 City of Santa Ana, California Supp. No. 6 (a) Permitted

ehicular access to the off-street parking is per- mitted only from an alley or side street when present. Vehicular access to the off-street park- ing may be taken from primary street only when an alley or side street is not present. [1] Eave permitted to 3' of property line TRANSIT ZONING CODE 2052 TRANSIT ZONING CODE SPECIFIC DEVELOPMENT 84 City of Santa Ana, California Supp. No. 6 (a) Permitted

building types and minimum and maximum height Table DT-1, entitled Building Types and Mimimum and Maximum Height identifies the approved building types and the minimum and maximum height that is permitted for each building type within the DT zone subject to compliance with all applicable standards, including Table DT-3 entitled Building Height. Table DT-1. Building Types and Minimum and Maximum Height . Building Types Min Stories Max Stories Flex Block 2 10 Lined Block 2 5 Stacked Dwellings 2 6 Hybrid Court not allowed not allowed Courtyard Housing 2 5 Live-Work 2 3 Rowhouse not allowed not allowed Tuck-Under Housing 2 3 Bungalow Court not allowed not allowed Duplex/Triplex/Quad - plex not allowed not allowed House not allowed not allowed b. The parking requirements found in Table DT-6 shall apply only to new buildings, additional building area on existing buildings or con- version of existing building area to a new use. Conversion of building area of an historically designated building to a new use, where the building envelope is not increased in size shall have no parking requirement until such time as the City determines that 95 percent capacity on the five existing City controlled parking struc- tures in the downtown has been reached. Use-Type Parking Guest Pkg. In-Lieu [a] Residential [b] 2 / unit min 0.15 / unit guest only Live-Work 2 / unit min - - Non-Residential 1 / 400 sq ft - yes Type Min. Width Max. Width 1-way 8' 12' 2-way 20' 25' Parking not permitted not permitted Setback Above Grade Subterranean (2a) Front yard min 40% lot depth 0' min (2b) Street side 10' min 0' min (2c) Side yard 0' min 0' min (2d) Rear yard 10' min 3' min (2e) Alley yard 3' min 3' min c. Vehicular access to the off-street parking is per- mitted only from an alley or side street when present. Vehicular access to the off-street park- ing may be taken from primary street only when an alley or side street is not present. d. Parking Setback Standards - Table DT-7, entitled Parking Setback Standards identifies the mini - mum setback standards for the off-street parking. Table DT7. Parking Setback Standards 2c 2b 2a 2e 2d Front Street Side Alley where occurs Table DT-2 identifies the minimum setbacks required and, where noted, maximum setbacks permitted. The setbacks shall apply to all stories of a building. Table DT-2. Building Setback Standards [a] In situations where the existing sidewalk is 10 feet or less in width, at the discretion of the City of Santa Ana, a setback greater than identified in the above table may be required to effectively result in a 10 foot wide sidewalk. (b) Building Setbacks. Setback Min. Max. (1a) Front yard 0' [a] 0' (1b) Street Side 0' [a] 10' (1c) Side yard 0' No requirement (1d) Rear yard 15' No requirement (1e) Alley yard 3' No requirement 1a 1b 1c 1e 1e 1d Front Street Side Alley where occurs see encroachments see encroachments (e) Encroachments (1) Outdoor dining - Such encroachments per approv - al of PBA and PWA Directors, separate permit and agreement. (2)

Setback Min. Max. (1a) Front yard 0' [a] 0' (1b) Street Side 0' [a] 10' (1c) Side yard 0' No requirement (1d) Rear yard 15' No requirement (1e) Alley yard 3' No requirement 1a 1b 1c 1e 1e 1d Front Street Side Alley where occurs see encroachments see encroachments (e) Encroachments (1) Outdoor dining - Such encroachments per approv - al of PBA and PWA Directors, separate permit and agreement. (2)

Encroachments. Awnings, Signage, Balconies, Bay windows and Frontage Types may encroach into the required setback subject to the standards indenti - fied in Table DT-8, entitled Encroachments. Table DT-8 Encroachments Encroachment Vertical Horizontal (2a) except awnings, and gal - lery, and arcade frontage

types min 8' clear max 18" (2b) except awnings, and gal - lery, and arcade frontage types min 12' clear max 24" (2c) awnings, and gallery, and arcade frontage types min 10'clear within 2' of curb Side yard N/A 0' Rear yard to eave [1] 5' Alley yard to eave [1] 3' [1] Eave allowed to 3' of property line. a Allowable Encroachment per table below R.O.W. Property Line Min 2' clear of curb CURB Setback Line 2a,b 2b 2c 2c 2c 2a,b (c) Building Height and Frontage Requirements. (1) Building Height Table DT-3 entitled Building Height identifies the maximum building height permitted based upon the lot width and as per - mitted by individual building Type Building Height (stories) Lot Width Max. < 50 ft 3 stories 51 to 125ft 4 stories 125 to 175 ft 6 stories 175 ft 10 stories [1] (2) The ground floor fronting a street or other right-of- way (not including alleys) shall comply with the frontage requirements per Section 41-2039 and per the Table DT-4, entitled Frontage Requirements. Types Permitted % of frontage Arcade Min. 50 Gallery Min. 50 Shopfront Min. 75 Forecourt Max. 50; remain - der of frontage per permitted types Stoop Max. 50 a R.O.W. Property Line Setback Line 1 2 if parcel has side street frontage Frontage height and other require - ments per Section 4.2 [a] May be satisfied through In-Lieu Fee and Park- Once Program for Downtown District, if estab lished.

ents. Types Permitted % of frontage Arcade Min. 50 Gallery Min. 50 Shopfront Min. 75 Forecourt Max. 50; remain - der of frontage per permitted types Stoop Max. 50 a R.O.W. Property Line Setback Line 1 2 if parcel has side street frontage Frontage height and other require - ments per Section 4.2 [a] May be satisfied through In-Lieu Fee and Park- Once Program for Downtown District, if estab lished.

[b] Permanent Special Need Housing including senior housing, will be parked at 1 space per unit minimum. (d) Parking. ((1) Driveway Standards . Table DT-5 identifies the minimum and maximum width of driveways and permitted parking on driveways. Table DT-5 Driveway Standards Parking Permitted Section 41-2011. Downtown Zone (DT) [ 1] 100 ft setback from all R.O.W. required for stories 7-10. Table DT-4. Frontage Types Table DT-3. Building Height (2) Off-street parking standards a. Table DT-6 identifies the minimum offstreet parking spaces that shall be provided. All frac- tions shall be rounded up to the next whole num- ber. Table DT-6. Off-Street Parking Standards . 2053 TRANSIT ZONING CODE SPECIFIC DEVELOPMENT 84 City of Santa Ana, California Supp. No. 6 Division 3. Urban Standards by Zones Building Types Min Stories Max Stories Tower-on-Podium not allowed not allowed Flex Block 2 5 Lined Block 2 5 Stacked Dwellings 2 5 Hybrid Court not allowed not allowed Courtyard Housing 2 5 Live-Work 2 3 Rowhouse not allowed not allowed Tuck-Under Housing 2 3 Bungalow Court not allowed not allowed Duplex/Triplex/ Quadplex not allowed not allowed House not allowed not allowed (a) Permitted building types and minimum and maximum height Table UC-1, entitled Building Types and Mimimum and Maximum Height identifies the approved building types and the minimum and maximum height that is permitted for each building type within the UC zone subject to compliance with all applicable standards. Table UC-1. Building Types and Minimum and Maximum Height . 2b 2c 2a Front Street Side Alley where occurs 2e 2d Setback Above Grade Subterranean (2a) Front yard min 50% lot depth 5' min (2b) Street side 5' min 5' min (2c) Side yard 5' min 5' min (2d) Rear yard 5' min 5' min (2e) Alley yard 3' min 3' min c. Parking setback standards. Table UC-6 identi - fies the minimum setback standards for the off- street parking. Table UC-6. Parking Setback Standards . (2) Off-street parking standards a. Table UC-5 identifies the minimum off-street parking spaces that shall be provided. All frac- tions shall be rounded up to the next whole number. Table UC-5. Off-Street Parking Standards . Use-Type Parking Guest Pkg Residential [a] 2 / unit min 0.15 / unit Live-Work 2 / unit min 0.15 / unit Non-Residential 1 / 300 sq ft - Type Min Width Max Width 1-way 8' 12' 2-way 20' 25' Parking not permitted not permitted (d) Parking. (1) Driveway Standards . Table UC-4 identifies the minimum and maximum width of driveways and permitted parking on driveways. Table UC-4. Driveway Standards Table UC-2, entitled Building Setback Standards identifies the minimum setbacks required and, where noted, maximum setbacks permitted. The setbacks shall apply to all stories of a building. Table UC2. Building Setback Standards . [a] In situations where the existing sidewalk is 10 feet or less in width, at the discretion of the City of Santa Ana, a setback greater than iden - tified in the above table may be required to effectively result in a 10 foot wide sidewalk. Setback Min. Max. (1a) Front yard 0' [a] 0' (1b) Street Side 0' [a] 10' (1c) Side yard 0' No reqmt (1d) Rear yard 15' No reqmt (1e) Alley yard 3' No reqmt (b) Building Setbacks. (1) Outdoor dining - Such encroachments per approval of PBA and PWA Directors,

e City of Santa Ana, a setback greater than iden - tified in the above table may be required to effectively result in a 10 foot wide sidewalk. Setback Min. Max. (1a) Front yard 0' [a] 0' (1b) Street Side 0' [a] 10' (1c) Side yard 0' No reqmt (1d) Rear yard 15' No reqmt (1e) Alley yard 3' No reqmt (b) Building Setbacks. (1) Outdoor dining - Such encroachments per approval of PBA and PWA Directors,

separate permit and agreement. (2) Encroachments. Awnings, Signage, Balconies, Bay windows and Frontage Types may encroach into the required setback subject to the standards indentified in Table UC-7, entitled Encroachments. Table UC-7. Encroachments Encroachment Vertical Horizontal (2a) except awnings min 8' clear max 18" (2b) except awnings min 12' clear max 24" (2c) awnings min 10'clear within 2' of curb Side yard N/A 0' Rear yard to eave [1] 5' Alley yard to eave [1] 3' [1] Eave allowed to 3' of property line. (e) Encroachments a Allowable Encroachment per table below R.O.W. Property Line Min 2' clear of curb CURB Setback Line 2a,b 2b 2c 2c 2c 2a,b Frontage Types Permitted % of frontage Shopfront min 65 Forecourt max 50; remainder of frontage per allowed types Stoop max 50 Frontyard/Porch max 100 (c) Frontage Requirements. a R.O.W. Property Line Setback Line 1a 2a if parcel has side street frontage Frontage height and other require - ments per Section 4.2 1a 1b 1c 1e 1e 1d Front Street Side Alley where occurs see encroachments see encroachments Parking Permitted Section 41-2012. Urban Center (UC) [a] Permanent Special Need Housing including senior housing, will be parked at 1 space per unit min. b. Vehicular access to the off-street parking is per - mitted only from an alley or side street when present. Vehicular access to

the off-street parking may be taken from primary street only when an alley or side street is not present. The ground floor fronting a street or other right-of-way (not including alleys) shall comply with the standards for the applicable frontage type, Sections 41-2033 thorugh 41-2039 and the Table UC-3 entitled Permitted Frontage Types . Table UC-3. Permitted Frontage Types TRANSIT ZONING CODE 2054 TRANSIT ZONING CODE SPECIFIC DEVELOPMENT 84 City of Santa Ana, California Supp. No. 6 (a) Permitted building types and maximum height Table CDR-1, entitled Building Types and Maximum Height identifies the approved building types and the maximum height that is permitted for each building type within the CDR zone subject to compliance with all applicable standards. Table CDR-1. Building Types and Maximum Height . Building Types Max Stories in CDR Tower-on-Podium not allowed Flex Block 3 Lined Block not allowed Stacked Dwellings not allowed Hybrid Court not allowed Courtyard Housing not allowed Live-Work 3

ed building types and the maximum height that is permitted for each building type within the CDR zone subject to compliance with all applicable standards. Table CDR-1. Building Types and Maximum Height . Building Types Max Stories in CDR Tower-on-Podium not allowed Flex Block 3 Lined Block not allowed Stacked Dwellings not allowed Hybrid Court not allowed Courtyard Housing not allowed Live-Work 3

Rowhouse not allowed Tuck-Under Housing not allowed Bungalow Court not allowed Duplex/Triplex/Quad - plex not allowed House not allowed (d) Parking. (1) Driveway Standards . Table CDR-4 identifies the minimum and maximum width of driveways and permitted parking on driveways. Table CDR-4. Driveway Standards (2) Off-street parking standards Table CDR-5, entitled Off-Street Parking Standards identifies the minimum off-street parking spaces that shall be provided. All fractions in the parking calcula - tions shall be rounded up to the next whole number. Table CDR-5. Off-Street Parking Standards . Use-Type Parking Guest Pkg Residential [a] 2 / unit min 0.25 / unit Live-Work 2 / unit min 0.25 / unit Non-Residential 1 / 200 sq ft - Type Min width Max width 1-way 8' 12' 2-way 20' 25' Parking not permitted not permitted Setback Above Grade (2 a1) Front yard 5' for 50% of lot width (2 a2) Front yard 20% of lot depth for 50% of lot width (2b) Street side 5' min (2c) Side yard 5' min (2d) Rear yard 5' min (2e) Alley yard 3' min (4) Parking Setback Standards. Table CDR-6, enti - tled Parking Setback Standards identifies the minimum setback standards for the off-street parking. Table CDR-6. Parking Setback Standards 2d 2c 2a2 Front Street Side Alley where occurs 2e 2b 2d Table CDR-2, entitled Building Setback Standards identifies the minimum setbacks required and, where noted, maximum setbacks permitted. The setbacks shall apply to all stories of a building. Table CDR-2. Building Setback Standards . [a] In situations where the existing sidewalk is 10 feet or less in width, at the discretion of the City of Santa Ana, a setback greater than iden - tified in the above table may be required to effectively result in a 10 foot wide sidewalk. [b] Setback at Grand Ave. is 20' min - 30' max mea - sured from R.O.W as it exists in 2009. [c] Setback at Grand Ave. is 15' min - 25' max mea - sured from R.O.W as it exists in 2009. (b) Building Setbacks. Setback Min. Max. (1a) Front yard 5' [a] [b] 15' [b] (1b) Street side 5' [a] [c] 10' [c] (1c) Side yard 0' Not applicable (1d) Rear yard 15' Not applicable (1e) Alley yard 3' Not applicable Front Street Side Alley where occurs 1a 1b 1c 1e 1e 1d see encroachments see encroachments (e) Encroachments Encroach - ment Min Vertical Max Horizontal (2a)

R.O.W as it exists in 2009. (b) Building Setbacks. Setback Min. Max. (1a) Front yard 5' [a] [b] 15' [b] (1b) Street side 5' [a] [c] 10' [c] (1c) Side yard 0' Not applicable (1d) Rear yard 15' Not applicable (1e) Alley yard 3' Not applicable Front Street Side Alley where occurs 1a 1b 1c 1e 1e 1d see encroachments see encroachments (e) Encroachments Encroach - ment Min Vertical Max Horizontal (2a)

Front (2c) 8' clear 2' (2b) Side Street (2c) 10' 2' (2c) Awnings min 10' clear 2' Side yard Not applicable 0' Rear yard to eave [1] 5' Alley yard to eave [1] 3' (1) Outdoor dining. Such encroachments per approval of PBA and PWA Directors, separate per - mit and agreement. (2) Encroachments. Awnings, Signage, Balconies, Bay windows and Frontage Types may encroach into the required setback subject to the stan - dards indentified in Table CDR-7, entitled Encroachments. Table CDR-7. Encroachments [1] Eave permitted to 3' of property line. Allowable Encroachment per table below Sidewalk R.O.W. Property Line Setback Line 2a,b 2a,b 2c 2c 2c The ground floor fronting a street or other right- of-way (not including alleys) shall comply with the standards for the applicable frontage type, Sections 41-2033 thorugh 41-2039 and the Table CDR-3 entitled Permitted Frontage Types . Table CDR-3- Permitted Frontage Types Frontage Types Permitted % of frontage Gallery min 65 Forecourt max 50; remainder of frontage per allowed types Shopfront min 65 (c) Frontage Requirements. R.O.W. Property Line Setback Line Table CDR -1 Table CDR3 if parcel has side street frontage Frontage height and other require - ments Parking Permitted Section 412013 Corridor (CDR). [a] Permanent Special Need Housing including senior housing, will be parked at 1

space per unit min. (3) Vehicular Access. Vehicular access to the off- street parking is permitted only from an alley or side street when present. Vehicular access to the off-street may be taken from primary street only when an alley or side street is not present. 2c 1c 2 a1 2055 TRANSIT ZONING CODE SPECIFIC DEVELOPMENT 84 City of Santa Ana, California Supp. No. 6 Division 3. Urban Standards by Zones Building Types Max Stories in UN2 Tower-on-Podium not allowed Flex Block not allowed Lined Block not allowed Stacked Dwellings not allowed Hybrid Court 5 [a] Courtyard Housing 4 Live-Work 3 Rowhouse 3 Tuck-Under Housing 3 Bungalow Court 2 Duplex/Triplex/Quad - plex 3 House 2 [a] See Regulating Plan for allowable location (a) Permitted building types and maxi - mum height. Table UN2-1, entitled Building Types and Maximum Height identifies the approved building types and the maximum height that is permitted for each building type within the UN-2 zone subject to com - pliance with all applicable standards. Table UN2-

Bungalow Court 2 Duplex/Triplex/Quad - plex 3 House 2 [a] See Regulating Plan for allowable location (a) Permitted building types and maxi - mum height. Table UN2-1, entitled Building Types and Maximum Height identifies the approved building types and the maximum height that is permitted for each building type within the UN-2 zone subject to com - pliance with all applicable standards. Table UN2-

1. Building Types and Maximum Height . Setback Above Grade Subterranean (2a) Front yard 50% lot depth 10' min (2b) Street side 10' min 10' min (2c) Side yard 5' min 5' min (2d) Rear yard 5' min 5' min (2e) Alley yard 3' min 3' min (4) Parking Setback Standards - Table UN2-6, entitled Parking Setback Standards identifies the minimum setback standards for the off- street parking. Table UN2-6. Parking Setback Standards Front Street Side Alley where occurs 2c 2b 2d 2a 2e (2) Off-street parking standards Table UN25, entitled Off-Street Parking Standards identifies the minimum off-street parking spaces that shall be provided. All fractions in the parking calculations shall be rounded up to the next whole number. Table UN25. Off-Street Parking Standards . Use-Type Parking Guest Pkg Residential [a] 2 / unit min 0.25 / unit LiveWork 2 / unit min 0.15 / unit Non-Residential 1 / 300 sq ft - Type Min Width Max Width 1-way 8' 12' or width of garage 2-way 20' 25' Parking [a] permitted permitted [a] provided the vehicles on such driveway do not ob - struct access to parking spaces serving any other unit (d) Parking. (1) Driveway Standards . Table UN2-4 identifies the minimum and maximum width of driveways and permitted parking on driveways. Table UN2-4. Driveway Standards Table UN2-2, entitled Building Setback Standards identifies the minimum setbacks required and, where noted, maximum setbacks permitted. The setbacks shall apply to all stories of a building. Table UN2-2. Building Setback Standards . [a] In situations where the existing sidewalk is 10 feet or less in width, at the discretion of the City of Santa Ana, a setback greater than iden - tified in the above table may be required to effectively result in a 10 foot wide sidewalk. Setback Min. Other Min. (1a) Front yard 10' [a] 25' min (Grand Ave 2009 r.o.w.) (1b) Street side 10' [a] Not applicable (1c) Side yard 5'-1/2 story 8'- 3 story; 12'-4+stories (1d) Rear yard 15' Not applicable (1e) Alley yard 3' Not applicable (b) Building Setbacks. Front Street Side Alley where occurs 1a 1b 1c 1e 1e 1d 1a 1d see encroachments see encroachments 1. Outdoor dining - Such encroachments per approval of PBA and PWA Directors, separate permit and agreement. 2. Encroachments. Awnings, Signage, Balconies, Bay windows and Frontage Types may encroach into the required setback subject to the stan - dards indentified in Table UN2-7, entitled Encroachments. Table UN2-7. Encroachments Encroachment Vertical Horizontal (2a) except awnings min 8' clear max 18" (2b) except awnings min 12' clear max 24" (2c) awnings min 10'clear 2' Side yard N/A 0' Rear yard to eave [1] 5' Alley rear yard to eave [1] 3' (e) Encroachments Frontage Types Permitted % of frontage Shopfront min 65 Forecourt max 50; remainder of frontage per allowed types Stoop max 50 Frontyard/Porch max 100 (c) Frontage Requirements. R.O.W. Property Line Setback Line Table UN2-1 Table UN2-3 if parcel has side street frontage Frontage height and other require - ments a Allowable Encroachment per table below R.O.W. Property Line Sidewalk Setback Line 2a,b 2b 2c 2c Parking Permitted Section 41-2014. Urban Neighborhood 2 (UN-2) [a] Permanent Special Need Housing including senior housing, will be parked at 1 space per unit min. (3) Vehicular access to the off-street parking is permit - ted only from an alley or side street when present. Vehicular access to the off-street may be taken from primary street only when an alley or side street is not present. 1c 2c The ground floor fronting a street or other right-of-way (not including alleys) shall comply with the standards for the applicable frontage type,

pace per unit min. (3) Vehicular access to the off-street parking is permit - ted only from an alley or side street when present. Vehicular access to the off-street may be taken from primary street only when an alley or side street is not present. 1c 2c The ground floor fronting a street or other right-of-way (not including alleys) shall comply with the standards for the applicable frontage type,

Sections 41-2033 thorugh 41-2039 and the Table UN2-3 entitled Permitted Frontage Types . Table UN2-3. Permitted Frontage Types [1] Eave allowed to 3' of property line. TRANSIT ZONING CODE 2056 TRANSIT ZONING CODE SPECIFIC DEVELOPMENT 84 City of Santa Ana, California Supp. No. 6 (a) Permitted building types and maxi mum height Table UN1-1, entitled Building Types and Maximum Height identifies the approved build - ing types and the maximum height that is per - mitted for each building type within the UN1 zone subject to compliance with all applicable standards. Table UN1-1. Building Types and Maximum Height . Building Types Max Stories in UN1 Tower-on-Podium not allowed Flex Block not allowed Lined Block not allowed Stacked Dwellings not allowed Hybrid Court not allowed Courtyard Housing not allowed Live-Work 2 Rowhouse not allowed Tuck-Under Housing not allowed Bungalow Court 2

pe within the UN1 zone subject to compliance with all applicable standards. Table UN1-1. Building Types and Maximum Height . Building Types Max Stories in UN1 Tower-on-Podium not allowed Flex Block not allowed Lined Block not allowed Stacked Dwellings not allowed Hybrid Court not allowed Courtyard Housing not allowed Live-Work 2 Rowhouse not allowed Tuck-Under Housing not allowed Bungalow Court 2

Duplex/Triplex/Quad - plex 2 House 2 Setback Above Grade (a) Front yard 20% lot depth (b) Street side 10' min (c) Side yard 0' min (d) Rear yard 0' min (e) Alley yard 3' min (4) Parking Setback Standards - Table UN1-6, entitled Parking Setback Standards identifies the minimum setback standards for the off- street parking. Table UN1-6. Parking Setback Standards Front Street Side Alley where occurs 2c 2b 2d 2a 2e (d) Parking. (1) Driveway Standards . Table UN1-4 identifies the minimum and maximum width of driveways and permitted parking on driveways. Table UN1-4. Driveway Standards (2) Off-street parking standards Table UN1-5, entitled Off-Street Parking stan- dards identifies the minimum off-street park ing spaces that shall be provided. All fractions in the parking calculations shall be rounded up to the next whole number. TableUN1-5. Off-Street Parking Standards . Use-Type Parking Guest Pkg Residential [a] 2 / unit min 0.25 / unit Live-Work 2 / unit min 0.25 / unit Non-Residential: <750 sq ft 1 / unit min - Non-Residential: 751-1200 sq ft 2 / unit min - Non-Residential: 1201-1500 sq ft 2 + 0.5 / 500 s.f. - Type Min Width Max Width 1-way 8' 12' or width of garage 2-way 20' 25' Parking [a] Permitted Permitted [a] provided the vehicles on such driveway do not obstr - cut access to parking spaces serving any other unit TableUN1-2, entitled Building Setback Standards identifies the minimum setbacks required. The set - backs shall apply to all stories of a building. Table UN1-2. Building Setback Standards . (b) Building Setbacks. Setback Min. (1a) Front yard 20' (1b) Street side 10' (1c) Side yard 5' (1d) Rear yard 20' (1e) Alley yard 3' 1d 1a 1c 1e Front Street Side Alley where occurs see encroachments see F2 (encroachments) (e) Encroachments Encroachment Horizontal Vertical (2a) Porch max 5' see 41- 2039 (2b) Bay window, balcony max 2' to eave [1] (2c) Side yard max 2' to eave [1] Rear yard 5' to eave [1] Alley rear yard 3' to eave [1] 1. Outdoor dining - Not permitted. 2. Encroachments. Awnings, Signage, Balconies, Bay windows and Frontage Types may encroach into the required setback subject to the standards indentified in Table UN1-7, entitled Encroachments. Table UN1-7. Encroachments [1] Eave allowed to 3' of property line. R.O.W. 2a,b Allowable Encroachment Property Line Setback Line 2a,b 2a,c (c) Frontage Requirements. Types Permitted % of frontage Stoop max 50

ncroachments. Awnings, Signage, Balconies, Bay windows and Frontage Types may encroach into the required setback subject to the standards indentified in Table UN1-7, entitled Encroachments. Table UN1-7. Encroachments [1] Eave allowed to 3' of property line. R.O.W. 2a,b Allowable Encroachment Property Line Setback Line 2a,b 2a,c (c) Frontage Requirements. Types Permitted % of frontage Stoop max 50

Frontyard/Porch max 100 R.O.W. Property Line Setback Line Frontage height and other requirements per Section 4.2 1a 2a if parcel has side street frontage 3.7 - Urban Neighborhood (UN1) Zone Parking Permitted Section 41-2015. Urban Neighborhood 1 (UN-1) [a] Permanent Special Need Housing including senior hous - ing, will be parked at 1 space per unit min. (3) Vehicular access to the off-street parking is per - mitted only from an alley or side street when present. Vehicular access to the off-street may be taken from primary street only when an alley or side street is not present. 2c 1b The ground floor fronting a street or other right-of-way (not including alleys) shall comply with the standards for the applicable frontage type, Sections 41-2033 thorugh 41-2039 and the Table UN1-3 entitled Permitted Frontage Types . Table UN1-3Permitted Frontage Types Secs. 41–2016—41–2019. Reserved. 2057 TRANSIT ZONING CODE SPECIFIC DEVELOPMENT 84 City of Santa Ana, California Supp. No. 21 L. DUPLEX, TRIPLEX, & QUADPLEX Flex Block Rowhouse Y = Permitted - = Not Permitted [1] The degree of mixed use depends on the particular zone in which the building is located. [2}In dwelling units per acre(du/ac). Each type is subject to the maximum stories allowed in each zone and the particular building size and massing requirements. [3]

Measured along the front property line of the lot [4] This building type can be used on lots that have result - ed from a legal subdivision provided there is a minimum frontage of 40 feet. [5] Allowed on specific locations only. [6] Quadplex not permitted in the UN-1 zone. [7] Line Block permitted to a maxiumum of 10stories in. Table BT-1. Permtted Building Types Building Type Multi- Family Mixed- Use [1] Density Range [2] Lot Depth Lot Width [3] Stories Building Types Allowed by Zone min - max min - max max TV DT UC CDR UN-2 UN-1 A. Tower-on-Podium YES YES 75 - 90 200' min 200'-250' 25 Y - - - - - B. Flex Block YES YES 30 - 40 100' min 75'-200'[4] 10 Y Y Y Y - - C. Lined Block YES YES 45 - 50 100' min 125'-300' 7 Y Y Y - - - D. Stacked Dwellings YES YES 40 - 50 100' min 125'-200' 6 Y Y Y - - - E. Hybrid Court YES YES 45 - 50 160'-250' 150'-200' 5 - - - - Y [5] - F. Courtyard Housing YES YES 20 - 30 130'-250' 125'-200' 5 Y Y Y - Y - G. Live/Work NO YES 12 -15 100'-200' 75'-125' 3 Y Y Y Y Y Y H. Rowhouse YES YES 7 - 18 100'-200'

75'-200'[4] 10 Y Y Y Y - - C. Lined Block YES YES 45 - 50 100' min 125'-300' 7 Y Y Y - - - D. Stacked Dwellings YES YES 40 - 50 100' min 125'-200' 6 Y Y Y - - - E. Hybrid Court YES YES 45 - 50 160'-250' 150'-200' 5 - - - - Y [5] - F. Courtyard Housing YES YES 20 - 30 130'-250' 125'-200' 5 Y Y Y - Y - G. Live/Work NO YES 12 -15 100'-200' 75'-125' 3 Y Y Y Y Y Y H. Rowhouse YES YES 7 - 18 100'-200'

75'-150' 3 - - - - Y - I. Tuck-Under YES YES 12 - 18 75'min 94'-250' 3 Y Y Y - Y - J. Bungalow Court YES YES 10 -15 130' min 100'-180' 2 - - - - Y Y K. Duplex/Triplex/ Quadplex YES YES 10 -15 100' min 50'-125' 3 - - - - Y Y [6] L. House NO YES 5 - 7 100' min 40'-60' 2 - - - - Y Y Tower-on-Podium Division 4. Architectural Standards/Building Types. Sec. 41-2020. Building Types, General Provisions. (a) Each proposed building shall be designed in compliance with the standards of the applicable building type. (b) Subject to the requirements of the applicable zone, a proposed building shall be designed as one of the building types permitted by the applicable zone by Table BT-1 entitled Permitted Building Types. Live-Work J. TUCK-UNDER HOUSING K. BUNGALOW COURT K J I I. ROWHOUSE H H. LIVE )20 ( WORK G M. HOUSE L G H A B WALK-UP ACCESS Division 4: Architectural Standards TRANSIT ZONING CODE SPECIFIC DEVELOPMENT 84 City of Santa Ana, California Supp. No. 21 2058 TRANSIT ZONING CODE Lined Block Duplex/Triplex/Quadplex Courtyard Housing Stacked Dwellings House Bungalow Court TuckUnder Housing Below: This diagram identi�es the range of building types used in the Code. The individual types are arranged on a continuum of intensity with the least intense at left and the most intense at right. Each type is allowed as identi�edon table BT-1 and its requirements are described on the following pages. Hybrid Court F. COURTYARD HOUSING F E. HYBRID COURT E C. LINED BLOCK A. TOWER ON PODIUM A B. FLEX BLOCK B D. STACKED DWELLING D C L I J K C D E F PUBLIC PARKING GARAGE OR OTHER FACELESS STRUC TURE NON WALK UP POINT ACCESS WALK UP ACCESS NON WALK UP POINT ACCESS Direct-Access (Walk-up access) Point-Access (Non-walk-up access) Key for Illustrative Plan Diagram: Point-Access (Tower) See Section 8.0 for definitions 2059 TRANSIT ZONING CODE SPECIFIC DEVELOPMENT 84 City of Santa Ana, California Supp. No. 21 (7) Frontage Standards: a. Frontage shall comply with the applicable standards set forth in Sections 41-2033 through 2039 . (8) Building Size and Massing Standards: a. Buildings shall be constructed with a varied massing approach. Each building type contains an allowed massing by story table identifying the maximum ratio for each building story. Table BTA identifies the infor - mation contain within each of these allowed massing by story tables. TABLE BT-A Allowed Massing by Story STORY G round Floor 2 3 4 5 6 7 8 Percentage of ground floor by story 100 Percentage number refers to the percentage of the ground floor footprint of the building area that is permitted for this particular story b. The maximum permitted ground floor footprint shall be determined as described in Figure BT-B c. Story heights 1. A story means a habitable level within a building from finished floor to finished ceiling. Specific requirements for a story in various con - figurations are identified in Table BT-2 Permitted Height by Story Type: Table BT-2: Permitted Height by Story type Type Location Minimum (ft) Maximum (ft) All building types, excluding house, duplex, triplex, and quadplex Upper Floor(s) 9 14 All building types, excluding house, duplex, triplex, and quadplex Ground Floor 10 16 House, duplex, triplex, and quadplex Upper Floor 8 14 House, duplex, triplex, and quadplex Ground Floor 9 12 Garage Upper Floor(s) 8 14 Garage Ground Floor (podium) Equal to adjacent ground floor of building, or 8 feet if detached 16 2. A basements shall not be considered a story for the purposes of determining building height where

xcluding house, duplex, triplex, and quadplex Ground Floor 10 16 House, duplex, triplex, and quadplex Upper Floor 8 14 House, duplex, triplex, and quadplex Ground Floor 9 12 Garage Upper Floor(s) 8 14 Garage Ground Floor (podium) Equal to adjacent ground floor of building, or 8 feet if detached 16 2. A basements shall not be considered a story for the purposes of determining building height where

the finished surface of the floor above the basement is less than six feet above grade plane 3. Attics shall not be considered a story for the purposes of determin - ing building height. 4. Above ground garages occupying a level shall be considered a story for the purposes of determining building height. d. Dwelling Unit Types There are three basic dwelling unit types. 1. The flat is a single story unit. 2. The loft is a doublestory heihgt unit that may have a mezzanine. 3. A townhouse is a two or more story unit. These dwelling units types may be used in any combination throughout a building, as permitted by the various buildings types. (9) Accessory Dwellings: a. Second dwelling units shall comply with the requirements established in Section 41-194 of the Santa Ana Municipal Code. (10) Accessory Structures: a. The area occupied by accessory structures shall be included in the floor area ratio calculation. b. An accessory structure shall not encroach into any required open space or setback, except that a detached garage may be located 3 feet from the rear and interior side property line. (c) All building types are subject to the following: (1) Lot width and Depth: a. The width and depth shall be determined as described below: All buildings shall be designed to an individual lot as required in Table BT-1. The lot is for design purposes and may be made permanent through the regular process for parcel or tract maps. Lot width and depth shall be determined as described below. 1- Front (Lot Width): Primary (Principal) Frontage 2- Side (Lot Depth) 3- Rear (Lot Width) b. On corner lots fronting two streets, either street frontage may be used to comply with the lot width/frontage required per building type. c. Lots that have resulted from a legal subdivision but are less than 40 feet in width may be developed with standards that apply to lots 40 feet in width. (2) Access Standards: a. Where an alley is present, parking and services shall be accessed through the alley. b. Where an alley is not present, parking and services shall be accessed from the street through or alongside the building as permitted in the zone and this division. c. For corner lots without alley access, parking and services shall be accessed from the side street through or alongside the building. (3) Parking Standards: a. Entrances to garages, subterranean structured garages or driveways shall be located as close as possible to the side or rear of each lot. b. Surface parking lots shall not encroach into any required yards. (4) Service Standards: a. Services, including all utility access, above ground equipment, and trash enclosures shall be located on alleys b. Where alleys do not exist, services,including utility access, above ground equipment, and trash enclosures shall be located in compliance with the building location standards for the zone and this division. c. No trash enclosure shall be located in required landscape areas, within direct view of streets or in traffic or pedestrian aisles. d. Services and their appurtenances shall be screened from and shall not be located in required setback or landscaped areas. e. Each residential unit shall have access to on-site laundry facilities. f. Each development shall provide a trash area. g. Multiple family, commercial and industrial developments with common parking areas shall provide trash enclosures per 41-623. h. Residential development providing individual trash containers shall pro - vide an area that measures a minimum of 3.5’ x 7’, outside of required setbacks and yards, to store and place out for pick up. i. Individual trash bins located in a garage shall not encroach into the required parking area (5) Open Space Standards: a. Balconies are permitted in any setback yard as provided in the encroach - ment requirements of the applicable zone. b. Private patios may be provided at the side and rear yards. c. The area of any patio covers, gazebos and other roofed shade structures with at least 2 sides fully opened to the outside may be counted towards the required open space. d. Corridors, walkways, paseos, driveways, parking courts, lobbies and other such spaces shall not be included in the required open space cal - culations. (6) Landscape Standards: a. All setbacks, yards and shared common open spaces shall be land - scaped. b. A landscape buffer of not less than 5 feet shall be provided to separate any parking lot from an adjacent property. c. Surface parking lots shall be landscape per the City's Commercial area landscape standards. 1 2 1 2 2 3 3 3 2 2 2 1 3 1 1 2 3 PRIMARY STREET 2 ALLEY (WHERE OCCURS) STREET 2 2 PRIMARY STREET Division 4: Architectural Standards TRANSIT ZONING CODE SPECIFIC DEVELOPMENT 84 City of

b. A landscape buffer of not less than 5 feet shall be provided to separate any parking lot from an adjacent property. c. Surface parking lots shall be landscape per the City's Commercial area landscape standards. 1 2 1 2 2 3 3 3 2 2 2 1 3 1 1 2 3 PRIMARY STREET 2 ALLEY (WHERE OCCURS) STREET 2 2 PRIMARY STREET Division 4: Architectural Standards TRANSIT ZONING CODE SPECIFIC DEVELOPMENT 84 City of

Santa Ana, California Supp. No. 21 2060 TRANSIT ZONING CODE STREET PER FIG Figure BT-B. Determining Permitted Building Size (Ground Floor Footprint) and Volume Step 1: Existing Site 1a. If existing site meets subsection i or ii below, apply Table 6A, Subdivision Guidelines to generate a block(s): i. Site is not in compliance with Fig- ure 2.1 or as adjusted by Street Network Concepts, section B,C. ii. Site exceeds the block dimensions per Table 6A, Subdivision Guidelines. 1b. If existing site already complies with the subdivision guidelines and street network concepts, proceed to step 2. Street per Fig 2.0 block / site Street per Fig 2.0 Alley per Fig 2.0 3 a 3 b 3 b 3 a 3 a 3 a 3 a lot front: lot width side: lot depth interior side rear 2 b 2 a interior side rear lot front: lot width side: lot depth Street Street Street Alley 4 a 4 a 4 b 4 b Step 2: Apply Lots 2a. Per allowed building types identified in Table BT-1, select building type(s); 2b. Apply lot standards for each selected building type and identify lot(s) to receive a building . Step 3: Apply Building Setbacks 3a. Per the standards in Division 3, apply the required setbacks to the lot(s). 3b. The result is the allowed building placement area on the lot(s). Step 4. Apply open space requirements. See Figure BT-C 4a. Per the Open Space Standards of the applicable Building Type, subtract the required area to lot (e.g., 15%). Lot (to receive a building) (-) minus setbacks required (-) minus open space area required (=) equals 100% Ground Floor Footprint 4b. Apply Ground Floor Footprint to the allowed massing scenario to identify the maximum square footage permitted for the building. Step 5. Apply individual design 5a. Design the building(s), per the individual requirements of the selected building type(s) in Division 4. The example above (plan and axonometric diagrams) shows two courtyard housing lots being designed for one courtyard housing building each. Street Street Street Alley Street Street Alley Key In determining the ground-floor footprint, required open space must be subtracted from the lot area whether or not the open space is at grade or on a podium Illustrative Example: Subterranean garage with deck of garage serving as part of required open space Illustrative Example: Podium garage with deck of garage serving as part of required open space Illustrative Example: Site plan with either a raised podium or subterranean garage with the deck serving as part of required open space A A A Alley Street Street Figure BT-C. Open Space Area A Building Footprint Garage Setbacks and Open Space Lot 1 Lot 2 Illustrative Example: Axonometric Diagram Two adjacent courtyard housing buildings / lots Street Street Street Alley Lot 1 Lot 2 Illustrative Example: Plan Diagram Two adjacent courtyard housing buildings / lots Street 2 a 2 a 2 b 2 a 2061 TRANSIT ZONING CODE SPECIFIC DEVELOPMENT 84 City of Santa Ana, California Supp. No. 21 Illustrative Photo: Tower with stoop frontages Left: Illustrative Photo: Tower-on podium Illustrative

tric Diagram Two adjacent courtyard housing buildings / lots Street Street Street Alley Lot 1 Lot 2 Illustrative Example: Plan Diagram Two adjacent courtyard housing buildings / lots Street 2 a 2 a 2 b 2 a 2061 TRANSIT ZONING CODE SPECIFIC DEVELOPMENT 84 City of Santa Ana, California Supp. No. 21 Illustrative Photo: Tower with stoop frontages Left: Illustrative Photo: Tower-on podium Illustrative

Axonometric Diagram Sec. 41-2021. Tower-on Podium Building Type (a) Tower-on-Podium is a multi-level building organized around a central core with the first two to five floors expressed as a podium building. (b) Lot Width and Depth. The minimum and maximum lot width and the minimum lot depth shall be as

perscribed in Table BT-1 (Permitted Building Types). (c) Access Standards (1) Entrance to the tower shall be through a street level lobby. (2) Entrance to each ground floor unit shall be directly from the street at least every 50 feet. The entrance to each podium floor unit shall be directly from the podium. (3) Access to all other units shall be through a lobby and elevator. (4) Access to each unit above the third level, not accessed through a podium, shall be through a central interior corridor of at least 6 feet in width with recessed doors or seating alcoves/ offsets at least every 100 feet. (5) Each level of the building shall have access to the garage via an elevator. (6) Entrance to the residential portion of the building shall be through a dedicated street level lobby, or through a dedicated podium lobby accessible from the street or through a side yard. (d) Parking Standards (1) Required parking shall be in a completely concealed garage. If the garage is partially or wholly on the ground, then it shall be lined by a commercial or residential units. (2) Dwellings shall have indirect access to their parking stall(s). (e) Service Standards (1) Utility meters shall be screened from view from the street and shall not be located within any required landscape or setback area. (2) Mail boxes shall not be located in any required open space, landscape or setback areas or detract from the

d, then it shall be lined by a commercial or residential units. (2) Dwellings shall have indirect access to their parking stall(s). (e) Service Standards (1) Utility meters shall be screened from view from the street and shall not be located within any required landscape or setback area. (2) Mail boxes shall not be located in any required open space, landscape or setback areas or detract from the

primary entrance to the development. (f) Open Space Standards (1) A quadrangle-shaped common open space (hereinafter 'quad') of at least 20 percent of the lot shall be located on the ground level, on a podium or on a roof garden. The quad shall be open to the sky. (2) Minimum dimensions for the quad shall be 60 feet in each direction. Permitted frontage types and architectural projections are permitted on all sides of the quad provided that the overall minimum dimension of quad is maintained. (3) Private open space shall be provided for each residential unit and shall be no less than 50 square feet with a minimum dimension of 6 feet in each direction. (4) Private open space may be substituted for additional common open space or common inte - rior space, the size of which will be equivalent to the displaced private open space. The mini - mum dimension of this space shall be 20 feet in each direction. (g) Landscape Standards (1) A minimum of four (4), 36-inch box canopy trees shall be planted per quad. (2) Where side yards are present, one (1) 24-inch box tree per 30 lineal feet to protect privacy of neighbors. The trees may be placed in groups in order to achieve a particular design. (3) Smaller quads in interior courtyards will require shade tolerant plant materials. (4) Six (6), five-gallon size shrubs, ten (10) one-gallon size herbaceous perennials/shrubs and turf or acceptable dry climate ground cover shall be planted for every required tree. (h) Frontage Standards (1) Arcades, galleries, shopfront and forecourt may not encroach into the required minimum dimension of a quad. (i) Building Size and Massing Standards (1) Buildings shall be composed of bases and towers. Bases shall be 2 to 5 stories with towers representing a proportionally smaller footprint as specified in Table BT-3, entitled Maximum Ratio for each Tower-on-Podium Story and composed as bundles of different heights to enrich the skyline of the City. (2) Buildings may contain any of 3 types of dwellings: flats, townhouses and lofts. (3) Units may be as repetitive or unique as deemed by individual designs. (4) Buildings may be composed of one dominant volume, flanked by secondary ones. (5) The Towers-on-Podium shall comply with the height ratios established in Table BT-3: Table BT-3. Maximum Ratio for Each Tower-on-Podium Story Maximum Ratio of each Tower-on-Podium Story STORY Ground Floor 2-5 6-20 (or middle 3/5 of the building) 21-25 (or top 1/5 of the building) % of ground floor by story 100% 100% 50% [1] 35% [1] For any percentage less than 100%, the percentage refers to the percentage of the ground floor footprint of the building area that is permitted for this particular story. (j) Accessory Dwellings. Accessory dwellings shall not be permitted. (k) Accessory Structures. Accessory structures shall not be permitted. b Illustrative Photo: Tower on Podium Division 4: Architectural Standards TRANSIT ZONING CODE SPECIFIC DEVELOPMENT 84 City of Santa Ana, California Supp. No. 21 2062 TRANSIT ZONING CODE Asymetrical Distributed Central Point access podium (walk-up access permitted) Tower (point-access) Ground Floor access required per frontage type standards KEY TO CONFIGURATION EXAMPLES Below: Examples of allowed Tower-on-Podium site configurations PERMITTED USES The various oors of Tower-on-Podium are

DE SPECIFIC DEVELOPMENT 84 City of Santa Ana, California Supp. No. 21 2062 TRANSIT ZONING CODE Asymetrical Distributed Central Point access podium (walk-up access permitted) Tower (point-access) Ground Floor access required per frontage type standards KEY TO CONFIGURATION EXAMPLES Below: Examples of allowed Tower-on-Podium site configurations PERMITTED USES The various oors of Tower-on-Podium are

available for the uses identi�ed in the diagram below subject to the requirements in table 2A, Land Use Standards. KEY USE O OFFICE C/RT COMMERCIAL / RETAIL R RESIDENTIAL Illustrative Section Con�guration Diagram O/C/RT Street O/C/R Surface Parking Subterranian Parking Street Primary street Alley Min 200’ Max 250 � Street Primary street Alley Min 200’ Max 250 � Street Primary street Alley Min. 100' A Max 70% of A A Min 200’ Max 250 � Street Primary street Alley Min 200’ Max 250 � Street Primary street Alley Min 200’ Max 250 � Street Primary street Alley Min. 100' Min 200’ Max 250 � 2063 TRANSIT ZONING CODE SPECIFIC DEVELOPMENT 84 City of Santa Ana, California Supp. No. 21 (i) Building Size and Massing Standards (1) Each unit shall have at least one side exposed to the outdoors with direct access to common or private open space. (2) Buildings may contain any of three types of dwellings: flats, townhouses and lofts. (3) Units may be as repetitive or unique as deemed by individual designs. (4) Buildings are allowed to be composed of one dominant volume. (5) The Flex Blocks shall comply witht the height ratios established in Table BT-4 entitled Maximum Ratio for Each Flex Block Story. Table BT-4 Maximum Ratio of Each Flex Block Story STORY Ground Floor 2 3-5 6-10 % of ground floor by story 100%

uses and lofts. (3) Units may be as repetitive or unique as deemed by individual designs. (4) Buildings are allowed to be composed of one dominant volume. (5) The Flex Blocks shall comply witht the height ratios established in Table BT-4 entitled Maximum Ratio for Each Flex Block Story. Table BT-4 Maximum Ratio of Each Flex Block Story STORY Ground Floor 2 3-5 6-10 % of ground floor by story 100%

100% 85%[1} 85% [1} For any percentage less than 100%, the percentage refers to the percentage of the ground floor footprint of the building area that is permitted for this particular story. (j) Accessory Dwellings. Accessory dwellings shall not be permitted. (k) Accessory Structures. Accessory structures shall not be permitted. Sec. 41-2022. Flex Block Building Type (a) Flex Block is a building generally of a single massing element, designed for occupancy by retail, service, or office uses on the ground floor, with upper floors also configured for those uses or for residences. (b) Lot Width and Depth. The minimum and maximum lot width and the minimum lot depth shall be as prescribed in Table BT-1 (Permitted Building Types). (c) Access Standards (1) The main entrance to each ground floor unit shall be directly from the street. (2) Entrance to the residential portions shall be through a dedicated street-level lobby, or through a dedicated podium lobby accessible from the street or through a side yard. (3) Access to each unit above the second level, not accessed through a podium, shall be through an interior corridor of at least 6 feet in width with recessed doors or seating alcoves/offsets at at least 100 feet. (4) Each level of the building shall have access to the garage via an elevator. (d) Parking Standards (1) Required parking shall be accommodated in an underground garage, surface parking, tuck under parking, or a combination thereof. (2) Dwellings shall have indirect access to their parking stall(s). (e) Service Standards (1) Utility meters shall be screened from view from the street and shall not be located within any required landscape or setback area. (2) Mail boxes shall not be located in any required open space, landscape or setback areas or detract from the primary entrance to the development. (f) Open Space Standards (1) The common open space shall be designed as a courtyard, or in the front as a forecourt. This area shall be equal to 15 percent of the lot and shall be open to the sky. Courtyards may be located on the ground or on a podium. Side yards may also be formed to provide outdoor patios connected to ground floor commercial uses to serve as additional open space. (2) Minimum courtyard dimensions shall be 40 feet when the long axis of the courtyard is ori - ented EW and 30 feet for a NS orientation. Courtyard proportions shall not be less than 1:1 between the width of the courtyard and the height of the building for at least 2/3 of the court's perimeter. Horizontal shifts in upper floors adjacent to a court may not exceed 1/2 the height of each upper floor. (3) In 40 foot wide courtyards, frontages and architectural projections are permitted on two opposing sides of the courtyard provided that an overall minimum width of 40 feet is main - tained. Frontages and architectural projections are permitted on one side of a 30 foot wide courtyard provided an overall minimum width of 30 feet is maintained. (4) Private open space shall be provided for each residential unit and shall be no less than 50 square feet with a minimum dimension of 6 feet in each direction. (5) Private open space may be substituted for additional common open space or common inte - rior space the size of which will be equivalent to the displaced private open space. The mini - mum dimension of this space shall be 15 feet in each direction. (g)

pace shall be provided for each residential unit and shall be no less than 50 square feet with a minimum dimension of 6 feet in each direction. (5) Private open space may be substituted for additional common open space or common inte - rior space the size of which will be equivalent to the displaced private open space. The mini - mum dimension of this space shall be 15 feet in each direction. (g)

Landscape Standards (1) Where rear yards are present, at least one (1) 36-inch box canopy tree per 30 lineal feet shall be planted directly in the ground. (2) Courtyards located over garages shall be designed to avoid the sensation of forced podium hardscape. (3) Sideyard trees shall be placed to create a particular sense of place at a rate of one (1) 24-inch box tree per 30 lineal feet. (4) Where a front yard is present, at least one (1) 24-inch box tree per 25 lineal feet shall be planted. The trees may be placed in groups in order to achieve a particular design. (5) One 36-inch box specimen tree is required per courtyard that meets the minimum dimen - sions. For courtyards that exceed the minimum dimensions, two or more 24-inch box smaller size trees may be substituted for the 36-inch box tree. (6) Six (6) 5-gallon sized shrubs, ten (10) onegallon size herbaceous perennials/shrubs and turf or acceptable dry climate ground covershall be planted for every required tree. (7) Where rear yards are present, at least one (1) 36-inch box canopy tree per 30 lineal feet shall be planted directly in the ground. (h) Frontage Standards (1) Entrance doors and social rooms, such as living rooms and dining rooms located on the ground floor, are oriented fronting toward the courtyard(s) or street when fronting to one. Service rooms are oriented backing to corridors. Illustrative

) Where rear yards are present, at least one (1) 36-inch box canopy tree per 30 lineal feet shall be planted directly in the ground. (h) Frontage Standards (1) Entrance doors and social rooms, such as living rooms and dining rooms located on the ground floor, are oriented fronting toward the courtyard(s) or street when fronting to one. Service rooms are oriented backing to corridors. Illustrative

Axonometric Diagram Illustrative Photo: Flex Block with arcade frontage Illustrative Photo: Flex Block with shopfront frontage Illustrative Photo: Flex Block with shopfront frontage 1 b Illustrative Photo: Multi-Story example with shopfront frontage Division 4: Architectural Standards TRANSIT ZONING CODE SPECIFIC DEVELOPMENT 84 City of Santa Ana, California Supp. No. 21 2064 TRANSIT ZONING CODE PERMITTED USES The various oors of Flex Blocks are available for the uses identi�ed in the diagram below subject to the requirements in Table 2A, Land Use Standards. KEY USE O OFFICE C/RT COMMERCIAL / RETAIL R RESIDENTIAL Below: Examples of allowed Flex Block site configurations Illustrative Section Con�guration Diagram O/R O/R O/R O/R C / RT At-Grade Parking Subterranean Parking Alley Street Upper stories as permitted by zone and table BT-4 O/R O/R O/R O/R Point access podium (walk-up access allowed) Ground Floor access required per frontage type standards KEY TO CONFIGURATION EXAMPLES 6-10 Min. 100 ft setback from all rights of way for stories 6-10 Illustrative Plan Diagram - Example C Parking Court Min 130’ Min 75’ Max 200 � STREET ALLEY STREET 6-10 6-10 Illustrative Plan Diagram - Example A Min 130’ Min 75’ Max 200 � STREET ALLEY STREET Parking 6-10 Illustrative Plan Diagram - Example B STREET ALLEY STREET Min 130’ Min 75’ Max 200 � 6-10 6-10 Illustrative Plan Diagram - Example D Forecourt STREET ALLEY STREET Min 130’ Min 75’ Max 200 � 6-10 6-10 Illustrative Plan Diagram - Example E STREET ALLEY STREET Min 130’ 50' or less 6-10 50' or less 2065 TRANSIT ZONING CODE SPECIFIC DEVELOPMENT 84 City of Santa Ana, California Supp. No. 21 Illustrative Photo: Lined block with shopfront frontage Illustrative Photo: Lined block with shopfront frontage Illustrative Photo: Lined block with shopfronts and street access Sec. 41-2023. Lined Block Building Type (a) Lined block is a building that conceals a public garage or other faceless buildings, designed for occupancy by retail, service, or office uses on the ground floor, with upper floors also configured for such uses or residences. (b) Lot Width and Depth. The minimum and maximum lot width and the minimum lot depth shall be as prescribed in Table BT1 (Permitted Building Types). (c) Access Standards (1) The main entrance to each ground floor shall be directly from the street. (2) Entrance to residential portions of the building shall be through a dedicated street level lobby, or through a dedicated podium lobby accessible from the street or through a side yard. (3) Access to each unit above the second level, not accessed through a podium, shall be through an interior corridor of at least 6 feet in width with recessed doors or seating alcoves/offsets at least every 100 feet. (4) Each level of the building shall have access to the garage via an elevator. (d) Parking Standards (1) Required parking shall be accommodated in an underground or above-ground garage, tuck under parking, or a combination thereof. (2) Dwellings shall have indirect access to their parking stall(s). (e) Service Standards (1) Utility meters shall be screened from view from the street and shall not be located within any required landscape or setback area. (2) Mail boxes shall not be located in any required open space, landscape or setback areas or detract from the primary entrance to the development. (f) Open Space Standards (1) The common open space shall be designed as a courtyard, or in the front as a forecourt. This area shall be equal to 15 percent of the lot and shall be open to the sky. Courtyards may be located on the ground or on a podium. Side yards may be formed to provide outdoor patios connected to ground floor commercial uses. (2) Minimum courtyard dimension shall be 20 feet when the long axis of the courtyard is ori - ented EW and 15 feet for a NS orientation. Courtyard proportions shall not be less than 1:1 between the width of the courtyard and the height of the building for at least 2/3 of the court's perimeter. Horizontal shifts in upper floors adjacent to a court shall not exceed 1/2 the height of each upper floor. (3) In 20 foot wide courtyards, frontages and architectural projections are permitted on two opposing sides of the courtyard provided that an overall minimum width of 20 feet is main - tained. Frontages and architectural projections are permitted on one side of a 15 foot wide courtyard provided an overall minimum width of 15 feet is maintained. (4) Private open space shall be provided for each residential unit and shall be no less than 50 square feet with a minimum dimension of 6 feet in each direction. (5) Private open space may be

an overall minimum width of 20 feet is main - tained. Frontages and architectural projections are permitted on one side of a 15 foot wide courtyard provided an overall minimum width of 15 feet is maintained. (4) Private open space shall be provided for each residential unit and shall be no less than 50 square feet with a minimum dimension of 6 feet in each direction. (5) Private open space may be

substituted for additional common open space or common inte - rior space the size of which will be equivalent to the displaced private open space. The mini - mum dimension of this space shall be 15 feet in each direction. (g) Landscape Standards (1) Where a front yard is present, one (1) 24” box size tree per 25 lineal feet shall be provided. The trees may be placed in groups in order to achieve a particular design. (2) Six (6) 5-gallon size shrubs, ten (10) one-gallon size herbaceous perennials/shrubs and turf or acceptable dry climate ground cover shall be planted for every required tree. (3) Courtyards located over garages shall be designed to avoid the sensation of forced podium hardscape. (4) Trees in the front yard shall be of small scale that do not exceed 12-15' height at maturity and suitable for built-in concrete planters or containers with a 36-inches minimum width. (5) One 36-inch box specimen tree is required per courtyard that meets the minimum dimen - sions. For courtyards that exceed the minimum dimensions, two or more 24-inch box smaller size trees may be substituted for the 36-inch box tree. (6) Where rear yards are present, at least one (1) 36-inch box canopy tree per 30 lineal feet shall be planted directly in the ground. (7) When side yards are present, at least one (1) 24-inch box tree per 30 lineal feet shall be planted to protect privacy of neighbors. The trees may be placed in groups in order to achieve a particular design. ( h): Frontage Standards (1) Entrance doors are oriented fronting toward the courtyard(s) or the street when fronting to one. Service rooms are oriented backing to corridors. (i) Building Size and Massing Standards (1) Each unit shall have at least one side exposed to the outdoors with direct access to common or private open space. (2) Buildings may contain any of three types of dwellings: flats, townhouses and lofts. (3) Units may be as repetitive or unique as deemed by individual designs. (4) Buildings may be composed of one dominant volume. (5) A Lined Block shall comply with the height ratios established in Table BT-5, entitled Maximum Ratio for Each Lined Block Story. Table BT-5 Maximum Ratio of each Lined Block Story STORY Ground Floor 2 3-5 6 % of ground floor by story 100% 100% 85% [1] 85% [1] For any percentage less than 100%, the percentage refers to the percentage of the ground floor footprint of the building area that is permitted for this particular story. (j) Accessory Dwellings. Accessory dwellings shall not be permitted. (k) Accessory Structures. Accessory structures shall not be permitted. Illustrative Axonometric Diagram: Lined Block b Division 4: Architectural Standards TRANSIT ZONING CODE SPECIFIC DEVELOPMENT 84 City of Santa Ana, California Supp. No. 21 2066 TRANSIT ZONING CODE Surface Parking, Park- Once Garage, Retailer, Cinema, etc. Illustrative Plan Diagram - Example B Min 125’ Max 300' ALLEY STREET Min 170’ Max per block standards Access Through Liner Access Through Liner Min 30’ Liner STREET Surface Parking, ParkOnce Garage, Retailer, Cinema, etc. Illustrative Plan Diagram - Example A Min 125' Max 300 ' STREET ALLEY STREET Access Through Liner Access Through Liner Min 30’ Liner Min 170’ Max per block standards Illustrative Plan Diagram - Example C Min 125’ Max 300' STREET ALLEY STREET Access

n 170’ Max per block standards Access Through Liner Access Through Liner Min 30’ Liner STREET Surface Parking, ParkOnce Garage, Retailer, Cinema, etc. Illustrative Plan Diagram - Example A Min 125' Max 300 ' STREET ALLEY STREET Access Through Liner Access Through Liner Min 30’ Liner Min 170’ Max per block standards Illustrative Plan Diagram - Example C Min 125’ Max 300' STREET ALLEY STREET Access

Through Liner Access Through Liner Min 30’ Liner Min 170’ Max per block standards Surface Parking, Park-Once Garage, Retailer, Cinema, etc. Point access podium (walk-up access allowed) Walk-up access portion of building Ground Floor access required per frontage type standards KEY TO CONFIGURATION EXAMPLES O/R O/R C / RT Subterranean Parking Box Anchor/ Cinema or Public Garage Parking Parking Parking O/R PERMITTED USES The various oors of Lined Blocks are available for the uses identi�ed in the diagram below subject to the requirements in Table 2A, Land Use Standards. KEY USE O OFFICE C/RT COMMERCIAL / RETAIL R RESIDENTIAL Alley Street Illustrative Section Con�guration Diagram Upper stories as permittedby zone and table BT-5 Below: Examples of allowed Lined Block site configurations Anchor Retail with direct access to street Illustrative Plan Diagram - Example D Min 125’ Max 300' STREET ALLEY STREET Min 30’ Liner Min 170’ Max per block standards Forecourt 2067 TRANSIT ZONING CODE SPECIFIC DEVELOPMENT 84 City of Santa Ana, California Supp. No. 21 Illustrative Axonometric Diagram b Illustrative Photo: Stacked Dwellings with stoops Illustrative Photo: Stacked Dwellings with a stoop entry Sec. 41-2024. Stacked Dwellings Building Type. (a) A Stacked Dwelling is a structure of single-floor or

REET Min 30’ Liner Min 170’ Max per block standards Forecourt 2067 TRANSIT ZONING CODE SPECIFIC DEVELOPMENT 84 City of Santa Ana, California Supp. No. 21 Illustrative Axonometric Diagram b Illustrative Photo: Stacked Dwellings with stoops Illustrative Photo: Stacked Dwellings with a stoop entry Sec. 41-2024. Stacked Dwellings Building Type. (a) A Stacked Dwelling is a structure of single-floor or

multi-floor dwellings of similar configuration either above or below that are stacked. (b) Lot Width and Depth . The minimum and maximum lot width and the minimum lot depth shall be as prescribed in Table BT-1 (Permitted Building Types). (c) Access Standards (1) Entrance to the residential portions of the building shall be through a street level lobby, court - yard access, or through a combination of street/podium lobby directly accessible from the street. (2) The main entrance to each ground floor unit shall be directly from the street. Secondary access shall be through an elevator and corridor. (3) Access to each unit above the second level, not accessed through a podium, is through an interior corridor of at least 6 feet in width with recessed doors or seating alcoves/offsets at least every 100 feet. (4) Each level of the building shall have access to the garage via an elevator. (d) Parking Standards (1) Required parking shall be accommodated in an underground garage, surface parking, tuck under parking, or a combination thereof. (2) Dwellings shall have indirect access to their parking stall(s). (e) Service Standards (1) Utility meters shall be screened from view from the street and shall not be located within any required landscape or setback area. (2) Mail boxes shall not be located in any required open space, landscape or setback areas or detract from the primary entrance to the development. (f) Open Space Standards (1) The common open space shall be designed as a courtyard. This common open space shall be equal to 15 percent of the lot and open to the sky. Courtyards may be located on the ground or on a podium. Side yards may be formed as common use gardens. (2) Minimum courtyard dimension is 40 feet when the long axis of the courtyard is oriented EW and 30 feet for a NS orientation. Courtyard proportions shall not be less than 1:1 between the width of the courtyard and the height of the building for at least 2/3 of the court's perimeter. Horizontal shifts in upper floors adjacent to a court shall not exceed 1/2 the height of each upper floor. (3) In 40 foot wide courtyards, frontages and architectural projections are permitted on two opposing sides of the courtyard provided a minimum courtyard width of 40 feet is maintained. Frontages and archtitectural projections are permitted on one side of a 30 foot wide courtyard provided a minimum courtyard width of 30 feet is maintained. (4) Private open space shall be provided for each residential unit and shall be no less than 50 square feet with a minimum dimension of 6 feet in each direction. (5) Private open space may be substituted for additional common open space or common interior space, the size of which will be equivalent to the displaced private open space. The minimum dimension of this space shall be 15 feet in each direction. (g) Landscape Standards (1) Front yard trees shall not exceed the height of the buildings at maturity, except at the margins of the lot, where they may be used to frame and separate the building from its neighbors. The trees shall be planted at the rate of one (1) 24-inch box tree per 25 lineal feet of front yard. The trees may be placed in groups in order to achieve a particular design. (2) In the reay yard, at least one (1) 36-inch box canopy tree per 30 lineal feet shall be planted directly in the ground. (3) Courtyards located over garages shall be designed to avoid the sensation of forced podium hardscape. (4) One 36-inch box specimen tree is required per courtyard that meets the minimum dimen - sions. For courtyards that exceed the minimum dimensions, two or more 24-inch box smaller size trees may be substituted for the 36-inch box tree. (5) Six (6) 5-gallon size shrubs, ten (10) one-gallon size herbaceous perennials/shrubs and turf or acceptable dry climate ground cover shall be planted for every required tree. (6) Side yard trees shall be placed to create a particular sense of place at a rate of one 24-inch box tree per 30 lineal feet. (h) Frontage Standards (1) Living rooms, dining rooms and bedrooms are oriented fronting toward the courtyard(s) or street. Service rooms are oriented backing to corridors. (b) Stoops up to 3 feet in height may be placed above

er shall be planted for every required tree. (6) Side yard trees shall be placed to create a particular sense of place at a rate of one 24-inch box tree per 30 lineal feet. (h) Frontage Standards (1) Living rooms, dining rooms and bedrooms are oriented fronting toward the courtyard(s) or street. Service rooms are oriented backing to corridors. (b) Stoops up to 3 feet in height may be placed above

subterranean parking, provided the area adjacent is landscaped and the stoops are scaled to the street and building. (i) Building Size and Massing Standards (1) Buildings may contain any of 3 types of dwellings: flats, townhouses and lofts. (2) Units may be as repetitive or unique as deemed by individual designs. (3) Buildings may be composed of one dominant volume, flanked by secondary ones. (4) Each unit shall have at least one side exposed to the outdoors with direct access to common or private open space. (5) A

Building Size and Massing Standards (1) Buildings may contain any of 3 types of dwellings: flats, townhouses and lofts. (2) Units may be as repetitive or unique as deemed by individual designs. (3) Buildings may be composed of one dominant volume, flanked by secondary ones. (4) Each unit shall have at least one side exposed to the outdoors with direct access to common or private open space. (5) A

Stacked Dwellings shall comply with the height ratios established in Table BT-6 entitled Maximum Ratio for Each Stacked Dwellings Story. Table BT-6 Maximum Ratio of each Stacked Dwellings Story STORY Ground Floor 2 3-5 6 % of ground floor by story 100% 100% 85%[1] 85% [1] For any percentage less than 100%, the percentage refers to the percentage of the ground floor footprint of the building area that is permitted for this particular story. (j) Accessory Dwellings. Accessory dwellings shall not be permitted. (k) Accessory Structures. Accessory structures shall not be permitted. Illustrative Photo: Stacked Dwellings Division 4: Architectural Standards TRANSIT ZONING CODE SPECIFIC DEVELOPMENT 84 City of Santa Ana, California Supp. No. 21 2068 TRANSIT ZONING CODE Non-walk-up point access portion of building Ground Floor access required per frontage type standards KEY TO CONFIGURATION EXAMPLES Below: Examples of allowed Stacked Dwelling site configurations PERMITTED USES The various oor s of Stacked Dwellings ar e ava ilable for the uses identi�ed in the diagram below subject to the requirements in table 2A, Land Use Standards. KEY USE O OFFICE C/RT COMMERCIAL / RETAIL R RESIDENTIAL Illustrative Section Con�guration Diagram R Street R/O/C/RT R R R Street Upper stories as permitted by zone and table BT-6 Surface Parking Subterranian Parking Min 125' Max 200 � PRIMARY STREET ALLEY WHERE OCCURS Min 125’ Max 200 � PRIMARY STREET ALLEY WHERE OCCURS PARKING PRIMARY STREET STREET ALLEY Min 125' Max 200' Illustrative Plan Diagram - Example A Illustrative Plan Diagram - Example B Illustrative Plan Diagram - Example C Min 130’ Min 130’ Min 130’ 2069 TRANSIT ZONING CODE SPECIFIC DEVELOPMENT 84 City of Santa Ana, California Supp. No. 21 Sec. 41-2025. Hybrid Court Building Type. (a) Hybrid Court is a building composed of two building types, the stacked dwelling and couryard housing, arranged around a courtyard(s). This building type combines a point-access portion of the stacked dwelling building type (access through a double loaded corridor) with a walk-up portion of the courtyard housing building type (access directly from the street or courtyard). The building may be designed for occupancy by retail, service, or office uses on the ground floor, with upper floors also configured for those uses or for residences (b) Lot Width and Depth. The minimum and maximum lot width and the minimum lot depth shall be as prescribed in Table BT-1 (Permitted Building Types). (c) Access Standards (1) The main entrance to each ground floor unit shall be directly from the street. (2) Entrance to the residential portions of the stacked dwelling element shall be through a dedicated street level lobby, or through a dedicated podium lobby accessible from the street or through a side yard. (3) Access to each unit above the second level in the stacked dwelling element not accessed from the podium is through an interior, double-loaded corridor of at least 6 feet in width with recessed doors or seating alcoves/offsets at least every 100 feet. For other units, access shall be directly off a common courtyard or through stairs serving up to 3 dwell - ings. (4) Elevator access shall be provided between the garage and each level of the stacked dwell - ings portion of the building. (d) Parking Standards (1) Required parking shall be accommodated in an underground garage, surface parking, tuck under parking, or a combination thereof. (2) Dwellings shall have indirect access to their parking stall(s). (e) Service Standards (1) Utility meters shall be screened from view from the street and shall not be located within any required landscape or setback area. (2) Mail boxes shall not be located in any required open space, landscape or setback areas or detract from the primary entrance to the development. (f) Open Space Standards (1) The common open space shall be designed as a central courtyard or partial, multiple, separated or interconnected courtyards. This area shall equal to 15 percent of the lot and shall be open to the sky. Courtyards may be located on the ground or on a podium. Side yards may be formed as common use gardens. (2) Minimum courtyard dimension is 40 feet when the long axis of the courtyard is oriented EW and 30 feet for a NS orientation. Courtyard proportions shall not be less than 1:1 between the width of the c ourtyard and the height of the building for at least 2/3 of the court's perimeter. Horizontal shifts in upper floors adjacent to a court shall not exceed 1/2 the height of each upper floor. ( 3) In 40 foot wide courtyards, frontages and architectural projections

e courtyard is oriented EW and 30 feet for a NS orientation. Courtyard proportions shall not be less than 1:1 between the width of the c ourtyard and the height of the building for at least 2/3 of the court's perimeter. Horizontal shifts in upper floors adjacent to a court shall not exceed 1/2 the height of each upper floor. ( 3) In 40 foot wide courtyards, frontages and architectural projections

are permitted on two opposing sides of the courtyard provided that an overall minimum width of 40 feet is maintained. Frontages and architectural projections are permitted on one side of a 30 foot wide courtyard provided an overall minimum width of 30 feet is maintained. (4) Private open space is required for each residential unit and shall be no less than 50 square feet with a minimum dimension of 6 feet in each direction. (5) Private open space may be substituted for additional common open space or common interior space, the size of which will be equivalent to the displaced private open space. The minimum dimension of this space shall be 15 feet in each direction. (g) Landscape Standards (1) Where a front yard is present, one (1) 24-inch box tree per 25 lineal feet shall be planted. The trees may be placed in groups in order to achieve a particular design. (2) Courtyards located over garages shall be designed to avoid the sensation of forced podi - um hardscape. (3) Side yard trees shall be placed to create a particular sense of place at a rate of one (1) 24-inch box tree per 30 lineal feet. (4) One 36-inch box specimen tree is required per courtyard that meets the minimum dimen - sions. For courtyards that exceed the minimum dimensions, two or more 24-inch box smaller size trees may be substituted for the 36-inch box tree. (5) Six (6) 5-gallon size shrubs, ten (10) one-gallon size herbaceous perennials/shrubs and turf or acceptable dry climate ground cover shall be planted for every required tree. (6) In the rear yard, at least one (1) 24-inch box canopy tree per every 25 lineal feet planted directly in the ground. (7) Front yard trees shall be of small scale that shall not exceed 12-15' height at maturity and are suitable for built-in concrete planters or containers with a 36" minimum width. (h) Frontage Standards (1) Entrance doors and social rooms, such as living rooms and dining rooms are oriented fronting toward the courtyard(s) or the street when fronting one . Service rooms are ori - ented to the degree possible backing to corridors in the Stacked Dwellings portion and to side yards, service yards and rear yards in the courtyard housing portion. (2) Stoops up to 3 feet in height may be placed above subterranean parking, provided the area adjacent is landscaped and the stoops are scaled to the street and building. (i) Building Size and Massing Standards (1) Each unit shall have at least one side exposed to the outdoors with direct access private or common open space. (2) Buildings may contain any of three types of dwellings: flats, townhouses and lofts. (3) Units may be as repetitive or unique as deemed by individual designs. (4) The Stacked Dwellings portion of the building may be composed of one dominant volume Illustrative Photo: Hybrid Court with stoop frontages Illustrative Photo: Hybrid Court courtyard Illustrative Photo: Hybrid Court access to the second level Illustrative Axonometric Diagram b Division 4: Architectural Standards TRANSIT ZONING CODE SPECIFIC DEVELOPMENT 84 City of Santa Ana, California Supp. No. 21 2070 TRANSIT ZONING CODE Below: Examples of allowed Hybrid Court site � configurations STREET Min 160’ Max 250’ Illustrative Plan Diagram - Example D Min 150’ Max 250 PRIMARY STREET A Multiple Courts Min 150’ Max 250 � STREET ALLEY Min 160’ Max 250’ Illustrative

Diagram b Division 4: Architectural Standards TRANSIT ZONING CODE SPECIFIC DEVELOPMENT 84 City of Santa Ana, California Supp. No. 21 2070 TRANSIT ZONING CODE Below: Examples of allowed Hybrid Court site � configurations STREET Min 160’ Max 250’ Illustrative Plan Diagram - Example D Min 150’ Max 250 PRIMARY STREET A Multiple Courts Min 150’ Max 250 � STREET ALLEY Min 160’ Max 250’ Illustrative

Plan Diagram - Example B PRIMARY STREET A A Single Court Min 160’ Max 250’ Min 150’ Max 250 � STREET ALLEY PRIMARY STREET Illustrative Plan Diagram - Example A A A Illustrative Section Con�guration Diagram PERMITTED USES The various oors of Hybrid Courts are available for the uses identi�ed in the diagram below subject to the requirements in table 2A, Land Use Standards. KEY USE O OFFICE C/RT COMMERCIAL / RETAIL R RESIDENTIAL Subterranean Parking O/R O/R O/R O/R O/R O/R O/R O/R O/R C/RT/O/R Alley Street Upper stories as permitted by zone and table BT-7 C/RT/O/R O/R Walk Up Access Non-Walk up Access A Non-walk-up (point) access portion of building Walk-up access portion of building Ground Floor access required per frontage type standards KEY TO CONFIGURATION EXAMPLES Minimum of 1 access point required from street directly to courtyard (total number of access points as determined by PBA). STREET Min 160’ Max 250’ Illustrative Plan Diagram - Example C PRIMARY STREET A Min 150’ Max 250‘ flanked by secondary ones. The courtyard housing portion of the building shall follow the courtyard housing standards. (5) A Hybrid Court shall comply with the height ratios established in Table BT-7 entitled Maximum Ratio for Each Hybrid Courts Story. Table BT-7 Maximum Ratio

as determined by PBA). STREET Min 160’ Max 250’ Illustrative Plan Diagram - Example C PRIMARY STREET A Min 150’ Max 250‘ flanked by secondary ones. The courtyard housing portion of the building shall follow the courtyard housing standards. (5) A Hybrid Court shall comply with the height ratios established in Table BT-7 entitled Maximum Ratio for Each Hybrid Courts Story. Table BT-7 Maximum Ratio

of Each Hybrid Court Story STORY Ground Floor 2 3 3-5 6 % of ground floor by story 100% 100% 85% 50% 40% [1] For any percentage less than 100%, the percentage refers to the percentage of the ground floor footprint of the building area that is permitted for this particular story. (j) Accessory Dwellings. Accessory Dwellings shall not be permitted. (k) Accessory Structures. Accessory structures shall not be permitted. Detached garages shall be permitted 2071 TRANSIT ZONING CODE SPECIFIC DEVELOPMENT 84 City of Santa Ana, California Supp. No. 21 Illustrative Photo: Courtyard with direct street and court access Illustrative Photo: Courtyard with zaguan linking two courtyards Sec. 41-2026. Courtyard Housing Building Type (a) Courtyard Housing is a building type consisting of residences that may be arranged in four possible configurations: townhouses, townhouses over flats, flats, and flats over flats. The structures are arranged next to each other on one or more courts that are partly or wholly open to the street. (b) Lot Width and Depth. The minimum and maximum lot width and the minimum lot depth shall be as prescribed in Table BT-1 (Permitted Building Types). (c) Access Standards (1) The main entry to each ground floor unit shall be directly off a common courtyard or from the street. (2) Access to second story units not accessed directly from a podium shall be through stairs, serv - ing up to 3 units. (3) Elevator access, if any, shall be provided between the garage and courtyard/podium only. (d) Parking Standards (1) Required parking shall be accommodated in an underground or above-ground garage, surface parking, tuck under parking, or a combination thereof. (2) Dwellings may have direct or indirect access to their parking stall(s), or direct access to stalls enclosed within the garage. (e) Service Standards (1) Utility meters shall be screened from view from the street and shall not be located within any required landscape or setback area. (f) Open Space Standards (1) The common open space shall be designed as a central courtyard or partial, multiple, separated or interconnected courtyards. The common opne space shall be at least 15 percent of the lot and must be open to the sky. (2) Courtyard proportions shall not be less than 1:1 between the width of the courtyard and height of the building for at least 2/3 of the court's perimeter. Horizontal shifts in upper floors adjacent to a court shall not exceed 1/2 the height of each upper floor. In a project with multiple court - yards, at least two of the courtyards shall conform to the patterns above. (3) In 40 foot wide courtyards, frontages and architectural projections are permitted on two oppos - ing sides of the courtyard provided that an overall minimum width of 40 feet is maintained. Frontages and architectural projections are permitted on one side of a 30 foot wide courtyard provided an overall minimum width of 30 feet is maintained. (4) Courtyards shall be connected to each other and to the public way by zaguans or paseos. (5) Private open space is required for each residential unit and shall be no less than 90 square feet with a minimum dimension of 6 feet in each direction. (6) Private open space may be substituted for additional common open space or common interior space, the size of which shall be equivalent to the displaced

Courtyards shall be connected to each other and to the public way by zaguans or paseos. (5) Private open space is required for each residential unit and shall be no less than 90 square feet with a minimum dimension of 6 feet in each direction. (6) Private open space may be substituted for additional common open space or common interior space, the size of which shall be equivalent to the displaced

private open space. The minimum dimension of this space shall be 15 feet in each direction. (g) Landscape Standards (1) Landscape shall not obscure front yards on adjacent lots or the shopfront of ground floor flex space. Front yard trees shall not exceed 1.5 times the height of the porch at maturity, except at the margins of the lot, where they may be no more than 1.5 times the height of building at matu - rity. Trees shall be planted at the rate of one (1) 36-inch box tree per 25 lineal feet of front yard. Trees may be placed in groups in order to achieve a particular design. (2)In the rear yard, at least one (1) 24-inch canopy tree per 25 lineal feet shall be planted directly in the ground. (3) One 36-inch box specimen tree is required per courtyard that meets the minimum dimensions. For courtyards that exceed the minimum dimensions, two or more 24-inch box smaller size trees may be substituted for the 36-inch box tree. (4) In courtyards over garages, one (1) 24-inch box size tree of small scale (12-15’ height at matu - rity) or similar tall shrubs shall be used in planters with a 36" minimum dimension. (5) Side yard trees shall be placed at a rate of one (1) 24-inch box tree per 30 lineal feet for privacy of neighbors. (6) Six (6) 5-gallon size shrubs, ten (10) one-gallon size herbaceous perennials/shrubs and turf or acceptable dry climate ground cover shall be planted for every

l scale (12-15’ height at matu - rity) or similar tall shrubs shall be used in planters with a 36" minimum dimension. (5) Side yard trees shall be placed at a rate of one (1) 24-inch box tree per 30 lineal feet for privacy of neighbors. (6) Six (6) 5-gallon size shrubs, ten (10) one-gallon size herbaceous perennials/shrubs and turf or acceptable dry climate ground cover shall be planted for every

required tree. (h) Frontage Standards (1) Entrance doors and social rooms such as living rooms and dining rooms are oriented toward the courtyard(s) and the fronting street. Service rooms shall be oriented backing to side yards, ser - vice yards and rear yards to the degree possible. (2) Frontages and architectural projections or features such as towers, loggias and entry stairs shall not encroach into the required minimum dimension of a courtyard. (3) Stoops up to 3 feet in height may be placed above subterranean parking, provided the area adja - cent is landscaped and the stoops are scaled to the street and building. (i) Building Size and Massing Standards (1) Buildings shall be composed of one, two and three story masses, each designed to house scale, and not necessarily representing a single dwelling. (2) 3-story buildings shall be composed of single story and stacked units. In this case, the visibility of elevators and of exterior corridors at the third story shall be minimized by incorporation into the mass of the building. (3) Buildings may contain any three types of dwellings: flats, townhouses, and lofts. (4) Units may to be as repetitive or unique as deemed by individual designs. (5) 4 and 5-story masses shall be minimized inside courtyards and apparent on street frontages. (6) The intent of these standards is to provide for courtyard housing projects with varying building heights. Courtyard housing shall comply with the height ratios established in Table BT8, entitled Maximum Ratio for Each Courtyard Housing Story. Table BT-8 Maximum Ratio of Each Courtyard Housing Story STORY Ground Floor 2 3 4 5 % of ground floor by story 100% 100% 85%[1] 55% 40% [1] For any percentage less than 100%, the percentage refers to the percentage of the ground floor footprint of the building area that is permitted for this particular story. (j) Accessory Dwellings: Accessory dwellings shall not be permitted (k) Accessory Structures shall not be permitted. Detached garages shall be permitted. Illustrative Axonometric Diagram b Illustrative Photo: Courtyard with fountain and individual gardens Division 4: Architectural Standards TRANSIT ZONING CODE SPECIFIC DEVELOPMENT 84 City of Santa Ana, California Supp. No. 21 2072 TRANSIT ZONING CODE Min 130’ Max 250’ Min 125’ Max 250 � ALLEY PRIMARY STREET Illustrative Plan Diagram - Example E P P Walk-up access portion of building Ground Floor access required per frontage type standards KEY TO CONFIGURATION EXAMPLES Min 130’ Max 250’ Min 125’ Max 250 � Illustrative Plan Diagram - Example A STREET ALLEY PRIMARY STREET Illustrative Plan Diagram - Example D STREET ALLEY Min 130’ Max 250’ Min 125’ Max 250 � PRIMARY STREET Illustrative Plan Diagram - Example B STREET ALLEY Min 130’ Max 250’ Min 125’ Max 250 � PRIMARY STREET Below: Examples of allowed courtyard housing site configurations Illustrative Plan Diagram - Example C STREET ALLEY Min 130’ Max 250’ Min 125’ Max 250 � PRIMARY STREET A A Required access to courtyard directly from street (minimum 1 access point; total number of access points as determined by PBA). A Multiple Courts Single Court C/RT/O/R Subterranean Parking O/R O/R O/R O/R PERMITTED USES The various oors of courts are available for the uses identi�ed in the diagram below

lan Diagram - Example C STREET ALLEY Min 130’ Max 250’ Min 125’ Max 250 � PRIMARY STREET A A Required access to courtyard directly from street (minimum 1 access point; total number of access points as determined by PBA). A Multiple Courts Single Court C/RT/O/R Subterranean Parking O/R O/R O/R O/R PERMITTED USES The various oors of courts are available for the uses identi�ed in the diagram below

subject to the requirements in table 2A; Land Use Standards. KEY USE O OFFICE C/RT COMMERCIAL / RETAIL R RESIDENTIAL Alley Street Illustrative Section Con�guration Diagram: Subterranean Parking Upper stories as permitted by zone and Table BT-8 walk-up access building O/R Upper stories as allowed by zone and Table 8a Illustrative Section Con�guration Diagram: Surface Parking C/RT/O/R O/R O/R O/R O/R O/R Garage Street Alley walk-up access building Min 130’ Max 250’ Min 125’ Max 250 � DRIVE PRIMARY STREET Illustrative Plan Diagram - Example F P P DRIVE 2073 TRANSIT ZONING CODE SPECIFIC DEVELOPMENT 84 City of Santa Ana, California Supp. No. 21 Sec. 41-2027. Live/Work Building Type. (a) Live/Work is an integrated residence and work space (located on the ground floor), occupied and utilized by a single household in an array of at least 3 such structures, or a structure with at least 3 units arranged side by side along the primary frontage, that has been designed or structurally modified to accommodate joint residential occupancy and work activity. (b) Lot Width and Depth. The minimum and maximum lot width and the minimum lot depth shall be as prescribed in Table BT-1 (Permitted Building Types). (c) Access Standards (1) The main entrance to the ground floor work space shall be accessed directly from and face

ng the primary frontage, that has been designed or structurally modified to accommodate joint residential occupancy and work activity. (b) Lot Width and Depth. The minimum and maximum lot width and the minimum lot depth shall be as prescribed in Table BT-1 (Permitted Building Types). (c) Access Standards (1) The main entrance to the ground floor work space shall be accessed directly from and face

the street. (2) The upstairs dwelling shall be accessed by a separate entrance, and by a stair or elevator. (3) For lots without alleys, garages and services shall be accessed by a driveway 8 to 10 feet in width with 2- foot planters on each side when serving a private 2-car garage and 18 to 20 feet in width with 2-foot planters on each side when serving more than one private 2-car garage. (4) Accessibility should be accommodated between a pair of units and not in the front yard to the degree possible. (d) Parking Standards (1) At least one required parking space shall be in a garage, attached to or detached from the dwelling. (2) Additional required parking spaces may be enclosed, covered or open. (e) Service Standards (1) Services (including all utility access, aboveground equipment, and trash containers) shall be located on an alley when present, or in the rear of the lot for those lots without alley-access. (f) Open Space Standards (1) For all buildings, except for those with a tuck-under garage, the private open space shall be in the rear yard of each unit. The private open space shall be no less than 15% of the area of the lot or portion of the lot allocated for the unit. The private open space shall be of a regular geometry and open to the sky. The minimum dimension of each rear yard shall be 15 feet. (2) For buildings with tuck-under garage, one primary common open space of a regular geometry shall be provided. This common open space shall be equal to 15 percent of the lot, and shall be open to the sky. The minimum dimension for the common open space shall be 30 feet in each direction. Additionally, private open space shall be provided for each unit. The private open space shall be equal to 50 square feet per unit. Private open space may be substituted for additional common open space or common interior space, the size of which will be equiv - alent to the displaced private open space. The minimum dimension of the substituted com - mon open space shall be 15 feet in each direction. (g) Landscape Standards (1) Landscape shall not obscure front yards on adjacent lots or the shopfront of ground floor flex space. Front yards trees shall not exceed 1.5 times the height of the porch at maturity, except at the margins of the lot, where they may be no more than 1.5 times the height of building at maturity. Trees shall be planted at the rate of one (1) 36-inch box tree per 25 lineal feet of front yard. Trees may be placed in groups in order to achieve a particular design. (2) In each unit's rear yard, at least one (1) 24-inch canopy tree shall be provided for shade and privacy. (3) Side yards trees shall be placed a rate of one (1) 24-inch box tree per 30 lineal feet to protect the privacy of neighbors. (4) Six (6) 5- gallon size shrubs, ten (10) one-gallon size herbaceous perennials/shrubs and turf or acceptable dry climate ground cover shall be planted for every required tree. (h) Frontage Standards (1) Each live/work unit shall be designed so that social areas (e.g., living room, family room, dining room, etc.), rather than sleeping and service rooms, are oriented toward the fronting street or to the courtyard. (i) Building Size and Massing Standards (1) Buildings shall be composed of 2 or 3-story volumes in compliance with the standards for the applicable zone. (2) Buildings on corner lots shall be designed with two front facades. (3) The minimum unit frontage shall be 21 feet. (4) A live/work shall comply with the height rations established in Table BT-9, entitled Maximum Ratio for Each Live/Work Story. (j) Accessory Dwellings. Accessory dwellings shall not be permitted. (k) Accessory Structures . Accessory structures shall be permitted. Illustrative Photo: Live-work type with shopfront frontage Illustrative Axonometric Diagram b Illustrative Photo: Live-work type with office and retail frontage Table BT-9 Maximum Ratio of each Live/Work Story All Zones Except UN-1 & UN2 Zones Story Ground Floor 2 3 % of ground floor by story 100% 100% 100% UN-1 & UN-2 Zones 100% 80% [1] 50% [1] For any percentage less than 100%, the percentage refers to the percentage of the ground floor footprint of the building area that is permitted for this particular story. Division 4: Architectural Standards TRANSIT ZONING CODE SPECIFIC DEVELOPMENT 84 City of Santa Ana, California Supp. No. 21 2074 TRANSIT ZONING CODE Walk-up access portion of building Ground Floor access required per frontage type standards KEY TO CONFIGURATION EXAMPLES O/C/RT R R Garage PERMITTED USES The various oors of Live-Work buildings are available for the uses identi�ed in the diagram below subject to the requirements in table 2A; Land Use Standards. KEY USE O OFFICE C/RT COMMERCIAL / RETAIL R

nia Supp. No. 21 2074 TRANSIT ZONING CODE Walk-up access portion of building Ground Floor access required per frontage type standards KEY TO CONFIGURATION EXAMPLES O/C/RT R R Garage PERMITTED USES The various oors of Live-Work buildings are available for the uses identi�ed in the diagram below subject to the requirements in table 2A; Land Use Standards. KEY USE O OFFICE C/RT COMMERCIAL / RETAIL R

RESIDENTIAL Alley Street Upper stories as permitted by zone and table BT-9 O/R Below: Examples of allowed Live-Work type site configurations Street Illustrative Plan Diagram-Example A Alley Access Street Illustrative Plan Diagram- Example C Alley Access Min 75’ Max 125’ Street Illustrative Plan Diagram: Street access- Example D Min 21’ Min 21’ Street Illustrative Plan Diagram- Example B Alley Access Min 75’ Max 125’ Min 100’ Max 200 � Min 100’ Max 200 � Min 100’ Max 200 � Min 100’ Max 200 � Illustrative Section Con�guration Diagram 2075 TRANSIT ZONING CODE SPECIFIC DEVELOPMENT 84 City of Santa Ana, California Supp. No. 21 Illustrative Photo: Rowhouse building with stoop frontages Illustrative Photo: Individual Rowhouses with stoop frontages Illustrative Photo: Rowhouse Building with direct sidewalk access Sec. 41-2028. Rowhouse Building Type (a) Rowhouse is an individual structure on a parcel with a private rear yard and individual garage accessed from an alley, occupied by one primary residence in an array of at least 3 such structures or a structure of 3 multiple townhouse unit types arranged side by side along the primary frontage. (b) Lot Width and Depth. The minimum and maximum lot width and the minimum lot depth shall be as prescribed in Table BT-1 (Permitted Building Types). (c) Access Standards (1) The main entrance to each unit shall be accessed directly from and face the street. (2) Garages and services shall be accessed from an alley. (3) Accessibility should be accommodated between a pair of units and not in the front yard to the degree possible. (d) Parking Standards (1) Required residential unit parking shall be in a garage, which may be attached to or detached from the dwelling. (2) Additional required parking spaces may be enclosed, covered or open. (e) Service Standards (1) Services, including all utility access, aboveground equipment and trash containers shall be located on an alley when present or on the rear of the lot for those without alley access. (f) Open Space Standards (1) Private open space shall be located in the rear yard of each unit. The private open space shall be no less than 15% of the area of the lot or portion of the lot allocated for the unit. The pri - vate open space shall be of a regular geometry and open to the sky. The minimum dimension for the private open space shall be 15 feet in each direction. (g) Landscape Standards (1) Landscape shall not obscure front yards on adjacent lots. Front yards trees shall not exceed 1.5 times the height of the porch at maturity, except at the margins of the lot, where they may be no more than 1.5 times the height of building at maturity. The trees shall be planted at the rate of one (1) 36-inch box tree per 25 lineal feet of front yard. The trees may be placed in groups in order to achieve a particular design. (2) At least one (1) 24-inch canopy tree shall be provided in each private open space for shade and privacy. (3) Side yards trees shall be placed a rate of one (1) 24-inch box tree per 30 lineal feet for privacy of neighbors. (4) Six (6) 5-gallon size shrubs, ten (10) one-gallon size herbaceous perennials/shrubs and turf or acceptable dry climate ground cover shall be planted for every required tree. (h) Frontage Standards (1) Each rowhouse ground level shall be designed so that social areas such as the living room, family room, dining room, rather than sleeping and service rooms, are oriented toward the fronting street or to the courtyard to the degree possible. (i) Building Size and Massing Standards (1) Buildings shall be composed of 2 or 3-story volumes in compliance with the standards for the applicable zone. (2) Buildings on corner lots shall be designed with two front facades. (3) Each rowhouse building shall have direct access to yards. (4) In a 3-story building, a townhouse dwelling may be stacked over a ground floor flat. In this case, the flat shall be accessed by its own front door at the frontage, and the townhouse dwelling shall be accessed by a separate front door and a stair. (5) The minimum unit frontage shall be 21 feet. (6) A rowhouse shall comply with the height ratios established in Table BT-10, entitled Maximum Ratio for Each Rowhouse Story. (j) Accessory Dwellings: Accessory dwellings are not permitted, except in compliance with SAMC section 41-194, Second Dwelling Units. (k) Accessory Structures : Accessory structures are permitted. Illustrative Axonometric Diagram Illustrative Photo: Rowhouse building with stoop frontages b Table BT-10 Maximum Ratio of each Rowhouse Story All Zones Except UN-1 & UN-2 Zones Story Ground Floor 2 3 % of ground floor by story 100% 100% 100% UN-1 & UN-2 Zones 100% 80%[1]

in compliance with SAMC section 41-194, Second Dwelling Units. (k) Accessory Structures : Accessory structures are permitted. Illustrative Axonometric Diagram Illustrative Photo: Rowhouse building with stoop frontages b Table BT-10 Maximum Ratio of each Rowhouse Story All Zones Except UN-1 & UN-2 Zones Story Ground Floor 2 3 % of ground floor by story 100% 100% 100% UN-1 & UN-2 Zones 100% 80%[1]

50% [1] For any percentage less than 100%, the percentage refers to the percentage of the ground floor footprint of the building area that is permitted for this particular story. Division 4: Architectural Standards TRANSIT ZONING CODE SPECIFIC DEVELOPMENT 84 City of Santa Ana, California Supp. No. 21 2076 TRANSIT ZONING CODE Illustrative Section and Plan: ADA Access Between Pair of Rowhouses see 2c, � access standards’ Walk-up access portion of building Ground Floor access required per frontage type standards KEY TO CONFIGURATION EXAMPLES O/C/RT O/R O/R Garage PERMITTED USES The various oors of Rowhouses are available for the uses identi�ed in the diagram below subject to the requirements in table 2A, Land Use Standards. KEY USE O OFFICE C/RT COMMERCIAL / RETAIL R RESIDENTIAL Alley Street Upper stories as permitted by zone and table BT-10 O/R Top Row: Examples of allowed Rowhouse site configurations Bottom Row: Examples of accomodating Accessibility per Standard (c)(3). Illustrative Plan Diagram - Example A: Rowhouses in 2 buildings STREET 100' to 200' Min 75' Max 150' see 8b see 2c, � access standards’ PRIMARY STREET 2 3 4 5 6 1 ROWHOUSE see 2c, � access standards’ PRIMARY STREET ROWHOUSE ROWHOUSE Illustrative Plan Diagram - Example B: 6 Rowhouses in 1 building STREET ALLEY 21' min see 2c, � access standards’ see 8b PRIMARY STREET 2 3 4 5 6 1 STREET Enlarged site plan Ramp Illustrative Section Con�guration Diagram 2077 TRANSIT ZONING CODE SPECIFIC DEVELOPMENT 84 City of Santa Ana, California Supp. No. 21 Sec. 41-2029. Tuck-Under Housing Building Type. (a) Tuck-under housign is an individual structure on a parcel with no private rear yard and where its garage is tucked under the rear of the house and accessed by an alley. The structure is occupied by one primary residence arranged with at least 4 such structures or at least 4 multiple townhouse units types arranged side by side along the primary frontage. (b) Lot Width and Depth. The minimum and maximum lot width and the minimum lot depth shall be as prescribed in Table BT-1 (Permitted Building Types). (c) Access Standards (1) The main entrance to each unit adjacent to a street shall be directly from and face the street. The main entrance to all other units shall be from a courtyard. (2) Garages and services shall be accessed from an alley. (3) A back entry from the alley, and beside each garage shall be required for each unit. These entries are to be set back into the lot at a minimum distance of 5 feet so as not to be flush with the alleyfacing garage doors. (4) Buildings at a street corner may span across the alley provided emergency access is main - tained and all required clearances are maintained. (5) Accessibility should be accommodated between a pair of units and not in the front yard to the degree possible. (d) Parking Standards (1) Required residential unit parking shall be in a garage that is attached to the dwelling. (2) All garages shall be accessed from a parking court separate but adjacent to the alley right-of- way. (3) The garage for the dwellings at the end of the structure shall not be accessed directly from the alley. They should be access from parking court. (4) Additional required parking spaces may be enclosed, covered, or open. (e) Service Standards (a) Services, including all utility access, aboveground equipment and trash containers shall be located on an alley when present or on the rear of the lot for those without alley access. (f) Open Space Standards (1) One primary common open space of regular geometry is required. This area shall be equal to 15 percent of the lot and shall be open to the sky. The common open space may be located on the ground or on a podium. The minimum dimension for this area shall be 30 feet in each direction. (2) Private open space shall be provided for each residential unit. The private open space shall be no less than 90 square feet with a minimum dimension of 6 feet in each direction and shall be open to the sky. (3) Private patios are permitted in front yards, subject to encroachments permitted per zone, in building interiors, and on upper floors (4) Single loaded courtyards adjacent to alleys or interior lot lines shall be at least 20 feet in width. The length of such courtyard shall equal to the length of the building frontage. (5) Up to 50 percent of the private open space may be substituted for additional common open space or common interior space, the size of which will be equivalent to the displaced private open space. The minimum dimension of this space shall be 15 feet in each direction. (g) Landscape Standards (1) Landscape shall not obscure front yard on

rtyard shall equal to the length of the building frontage. (5) Up to 50 percent of the private open space may be substituted for additional common open space or common interior space, the size of which will be equivalent to the displaced private open space. The minimum dimension of this space shall be 15 feet in each direction. (g) Landscape Standards (1) Landscape shall not obscure front yard on

adjacent lots. Trees shall be planted at the rate of one (1) 36-inch box tree per 25 lineal feet of front yard. The trees can be placed in groups in order to achieve a particular design. (2) Where rear yard setbacks are present, at least one (1) 24-inch canopy tree per unit shall be provided for shade and privacy. (3) Side yard trees shall be placed at a rate of one (1) 24-inch box tree per 30 lineal feet for pri - vacy of neighbors. (4) Six (6) 5-gallon shrubs, ten (10) one-gallon size herbaceous perennials/shrubs and turf or acceptable dry climate ground cover shall be planted for every required tree. (h) Frontage Standards (1) Each dwelling's ground level shall be designed so that social areas such as the living room, family room, dining room rather than sleeping and service rooms, are oriented toward the fronting street to the degree possible. (i) Building Size and Massing Standards (1) Buildings shall be composed of 2 or 3-story volumes in compliance with the standards for the applicable zone. (2) Buildings on corner lots shall be designed with two front facades. (3) Each building shall maintain setbacks from property lines and in compliance with the stan - dards for the applicable zone, providing as much direct access to yards as possible. (4) The minimum unit frontage shall be 21 feet. (5) A tuck-under shall comply with the height ratios established in Table BT-11, entitled Maximum Ratio for Each Tuck-under Story. (j) Accessory Dwellings Accessory dwellings shall not be permitted . (k) Accessory Structures Accessory structures shall not be permitted. Illustrative Photo: Tuckunder with stoop frontage Illustrative Photo: Alley providing service and garage access Illustrative Photo: Architecture of two individual tuck-under buildings combined at the alley access that separates the two buildings Illustrative Axonometric Diagram b Illustrative Photo: Tuck-under garage access Table BT-11 Maximum Ratio of each Tuck-undet Story Story Ground Floor 2 3 % of ground floor by story 100% 80% 50% [1] For any percentage less than 100%, the percentage refers to the percentage of the ground floor footprint of the building area that is permitted for this particular story. Division 4: Architectural Standards TRANSIT ZONING CODE SPECIFIC DEVELOPMENT 84 City of Santa Ana, California Supp. No. 21 2078 TRANSIT ZONING CODE Illustrative Section Con�guration Diagram Walk-up access portion of building Ground Floor access required per frontage type standards (Section KEY TO CONFIGURATION EXAMPLES Below: Examples of allowed tuck-under type site configurations Illustrative Plan Diagram: 6 units in 1 building with paseo. PERMITTED USES The various oors of Tuck-Under housing are available for the uses identi�ed in the diagram below subject to the requirements in Table 2A, Land Use Standards. KEY USE O OFFICE C/RT COMMERCIAL/RETAIL R RESIDENTIAL Parking Street Upper stories as permitted by zone and table BT-11 O/C/RT/R R Alley Alley Street Street 75' Min Min 94' Max 250 � Primary Street 1 2 3 4 5 6 Illustrative Plan Diagram: 10 units in 2 buildings Alley Street Street 75' Min Max 250' Primary Street 6 7 8 9 10 1 2 3 4 5 Illustrative Plan Diagram: 5 units in 1 building. Alley Street Street 75' Min Min 94' Max 250 � Primary Street 1 2 3 4 5 1 2 3 4 Illustrative Plan Diagram: With drive lane Drive Lane Street 75' Min Min 94'

treet Street 75' Min Min 94' Max 250 � Primary Street 1 2 3 4 5 6 Illustrative Plan Diagram: 10 units in 2 buildings Alley Street Street 75' Min Max 250' Primary Street 6 7 8 9 10 1 2 3 4 5 Illustrative Plan Diagram: 5 units in 1 building. Alley Street Street 75' Min Min 94' Max 250 � Primary Street 1 2 3 4 5 1 2 3 4 Illustrative Plan Diagram: With drive lane Drive Lane Street 75' Min Min 94'

Max 250 � Primary Street 1 2 3 4 5 1 2 3 4 2079 TRANSIT ZONING CODE SPECIFIC DEVELOPMENT 84 City of Santa Ana, California Supp. No. 21 Sec 41-2030. Bungalow Court Building Type (a) Bungalow court is a configuration of single units arranged around a common, shared courtyard that is wholly open to the street. The individual buildings are arranged next to each other to form the bungalow court building type . (b) Lot Width and Depth. The minimum and maximum lot width and the minimum lot depth shall be as perscribed in Table BT-1 (Permitted Building Types). (c) Access Standards (1) Entrance to units shall be directly from the front yard or from the courtyard. (2) Where an alley is not present, parking and services shall be accessed by a driveway 8 to 10 feet wide, with 2-foot planters on each side when serving a private 2-car garage, and 18 to 20 feet in width with 2-foot planters on each side when serving more than one private 2-car garage. (3) On a corner lot without access to an alley, parking and services shall be accessed from the side street. (d) Parking Standards (1) Required residential unit parking shall be within individual garages, which shall contain up to four cars. (2) Garages on corner lots without alleys shall front onto the side street and shall have 1-car garage doors and driveways no more than 8 feet wide that are separated

corner lot without access to an alley, parking and services shall be accessed from the side street. (d) Parking Standards (1) Required residential unit parking shall be within individual garages, which shall contain up to four cars. (2) Garages on corner lots without alleys shall front onto the side street and shall have 1-car garage doors and driveways no more than 8 feet wide that are separated

by planters at least 2 feet wide. (3) Garages shall not front the primary street. (4) Additional required parking spaces may be enclosed, covered, or open. (e) Service Standards (1) Services, including all utility access, aboveground equipment and trash containers shall be located on an alley when present. (2) Where an alley is not present, utility access, above ground equipment and trash containers shall be located in a side or rear yard, at least 10 feet behind the front of the house, and be screened from view from the street with a hedge or solid fence. (f) Open Space Standards (1) The common open space shall be designated as a central courtyard. This area shall be at least 15 percent of the lot of a regular geometry and shall be open to the sky. (2) Minimum courtyard dimensions are 40 feet when the long axis of the courtyard is oriented East/West and 30 feet when the courtyard is oriented North/South. (3) In 40 foot wide courtyards, frontages and architectural projections are permitted on two opposing sides of the courtyard provided that an overall minimum width of 40 feet is main - tained. Frontages and architectural projections are permitted on one side of a 30 foot wide courtyard provided an overall minimum width of 30 feet is maintained. (4) Each dwelling shall have a private open space of at least 150 square feet, which may be locat - ed in a side yard, rear yard, or adjacent, but separate from the courtyard. (5) The private open space shall be at least 10 feet in each direction and enclosed by a fence, wall or hedge. (6) Up to 50 percent of the private open space may be substituted for additional common open space or common interior space, the size of which will be equivalent to the displaced private open space. The minimum dimension of this space shall be 15 feet in each direction. (7) Each unit shall be separated from the adjacent dwelling by at least 10 feet. (8) Porches and stoops may encroach into the required yard setbacks as permitted by the urban standards for the zone. (9) Private patios are permitted in any yard. (g) Landscape Standards (1) Landscape shall not obscure front yards on adjacent lots. Front yards trees shall not exceed 1.5 times the height of the porch at maturity, except at the margins of the lot, where they may be no more than 1.5 times the height of building at maturity. The trees shall be planted at the rate of one (1) 36-inch box tree per 25 lineal feet of front yard. The trees may be placed in groups in order to achieve a particular design. (2) At least one (1) 24-inch canopy tree shall be provided in each unit rear yard for shade and privacy. (3) Side yards trees shall be placed a rate of one (1) 24-inch box tree per 30 lineal feet to protect the privacy of neighbors. (4) Six (6) 5- gallon size shrubs, ten (10) one-gallon size herbaceous perennials/shrubs and turf or acceptable dry climate ground cover shall be planted for every required tree. (5) One 36-inch box specimen tree is required per courtyard that meets the minimum dimensions. For courtyards that exceed the minimum dimensions, two (2) or more 24-inch box smaller size trees may be substituted for the 36-inch box tree. Above and Below: Illustrative Photo: Individual houses fronting the court Illustrative Axonometric Diagram b Above and to the left: Illustrative Photos: Individual houses front - ing a court with the entry porch and/or stoop encroaching into the common space. Division 4: Architectural Standards TRANSIT ZONING CODE SPECIFIC DEVELOPMENT 84 City of Santa Ana, California Supp. No. 21 2080 TRANSIT ZONING CODE (h) Frontage Standards (1) Each dwelling's ground level shall be designed so that social areas such as the living room, family room, and dining room rather than sleeping and service rooms, are oriented toward the fronting street or to the courtyard. (i) Building Size and Massing Standards (1) Buildings shall be composed of one or two story volumes and massed as houses. (2) Building elevations abutting side yards shall be designed to provide at least one horizontal plane break of at least three (3) feet, and one vertical break of at least two (2) feet. (3) Dwellings within the buildings may be flats or townhouses. (4) Buildings on corner lots shall be designed with two front facades. (5) A Bungalow Court shall comply with the height ratios established in Table BT-12, entitled Maximum Ratio for Each Bungalow Court Story. (j) Accessory Dwellings: Accesssory dwellings shall not be permitted. (k) Accessory Structures : Accessory structures shall be permitted. Above: Illustrative Photo: Individual houses fronting a court with the entry porch and/or stoop encroaching into the common space. Table BT-12 Maximum Ratio of each Bungalow Court Story

ished in Table BT-12, entitled Maximum Ratio for Each Bungalow Court Story. (j) Accessory Dwellings: Accesssory dwellings shall not be permitted. (k) Accessory Structures : Accessory structures shall be permitted. Above: Illustrative Photo: Individual houses fronting a court with the entry porch and/or stoop encroaching into the common space. Table BT-12 Maximum Ratio of each Bungalow Court Story

Ground Floor 2 % of ground floor by story 100% 80%[1] [1] For any percentage less than 100%, the percentage refers to the percentage of the ground floor footprint of the building area that is permitted for this particular story. Illustrative Section Con�guration Diagram PERMITTED USES The various oors of Bungalow Courts are available for the uses identi�ed in the diagram below subject to the requirements in Table 2A, Land Use Standards. KEY USE O OFFICE R RESIDENTIAL O Alley Street R R Upper stories as permitted by zone and table BT-12 Below: Examples of allowed bungalow-court type site configurations Walk-up access portion of building Ground Floor access required per frontage type standards (Section 4.2) KEY TO CONFIGURATION EXAMPLES Illustrative Plan Diagram: Alley Access Street Alley P P Primary Street Min 130' 100' to 180' Illustrative Plan Diagram: Street Access P P Primary Street Min 130' 100' to 180' Alley Alley Illustrative Plan Diagram: Non Alley Access Street Primary Street Min 130' 100' to 180' P 2081 TRANSIT ZONING CODE SPECIFIC DEVELOPMENT 84 City of Santa Ana, California Supp. No. 21 Sec. 41-2031. Duplex, Triplex, and Quadplex Building Type (a) Duplex, triplex, and quadplex are multiple dwelling types that are architecturally presented as large single-family houses in their typical neighborhood setting. Such buildings may be used for residen - tial, office, retail, or in combination as permitted by the applicable zone. (b) Lot Width and Depth. The minimum and maximum lot width and the minimum lot depth shall be as perscribed in Table BT-1 (Permitted Building Types). (c) Access Standards (1) The main entrance to each ground floor unit shall be accessed directly from and face the street. Access to second floor units shall be by a stair, which may be open or enclosed, but shall not face the street. (2) Where an alley is not present, parking and services shall be accessed by a driveway 8 to 10 feet wide with 2-foot planters on each side when serving a private 2-car garage and 18 to 20 feet in width with 2-foot planters on each side when serving more than one private 2-car garage. (3) On a corner lot without access to an alley, parking and services shall be accessed from the side street. (d) Parking Standards (1) Required residential parking shall be within individual garages, which shall contain up to four cars. (2) Garages on corner lots without alleys may front onto the side street only if provided with 1-car garage doors, and driveways up to 8 feet wide that are separated by planters at least 2 feet wide. (3) A street facing garage may accommodate no more than 2 cars and shall have 1-car garage doors and driveways no more than 8 feet wide that are separated by planters at least 2 feet wide. (4) Additional required parking spaces may be enclosed, covered or open. (e) Service Standards (1) Where an alley is not present, services including, utility access, above ground equipment and trash containers shall be located at least 10 feet behind the front of the house, and be screened from view from the street with a hedge or solid fence. (f) Open Space Standards (1) One primary common open space of regular geometry is required. This area shall be equal to 15 percent of the lot, shall be open to the sky and may be located on the ground or on a podium. The minimum dimension

ent and trash containers shall be located at least 10 feet behind the front of the house, and be screened from view from the street with a hedge or solid fence. (f) Open Space Standards (1) One primary common open space of regular geometry is required. This area shall be equal to 15 percent of the lot, shall be open to the sky and may be located on the ground or on a podium. The minimum dimension

for the common open space shall be 15 feet in each direction. (2) Private open space is required for each ground floor residential unit. The private open space shall be no less than 150 square feet with a minimum dimension of 10 feet in each direction, enclosed by a fence, wall or hedge and open to the sky. (3) Porches and stoops may encroach into a required yard, as specified in the Urban Standards for the zone. (g) Landscape Standards (1) Landscape shall not obscure front yards on adjacent lots. Front yards trees shall not exceed 1.5 times the height of the porch at maturity, except at the margins of the lot, where they may be no more than 1.5 times the height of building at maturity. The trees shall be planted at the rate of one (1) 36-inch box tree per 25 lineal feet of front yard. The trees may be placed in groups in order to achieve a particular design. (2) In the rear yard, at least one (1) 24-inch canopy tree shall be provided for shade and privacy. (3) Side yards trees shall be placed a rate of one (1) 24-inch box tree per 30 lineal feet to protect the privacy of neighbors. (4) Six (6) 5-gallon size shrubs, ten (10) one-gallon size herbaceous

perennials/shrubs and turf or acceptable dry climate ground cover shall be planted for every required tree. (h) Frontage Standards (1) Each dwelling's ground level abutting front yards shall be designed so that social

areas such as the living room, family room, dining room rather than bedrooms and service rooms, are oriented toward the fronting street to the degree possible. (2) On corner lots, entrances to triplex and quadplex dwellings shall be located on both street frontages. (i) Building Size and Massing Standards (1) Building elevations abutting side yards shall be designed to provide at least one horizontal plane break of at least 3 feet, and one vertical break of at least 2 feet. (2) Buildings on corner lots shall be designed with two front facades. (3) Buildings shall be massed as large houses, composed principally of 2-story volumes, each designed to house scale. (4) Dwellings within buildings may be flats or townhouses. (5) Duplex, Triplex, and Quadplex shall comply with the height ratios established in Table BT-13 entitled Maximum Ratio for Each Duplex, Triplex and Quadplex Story. (j) Accessory Dwellings. Accessory dwellings shall not be permitted. (k) Accessory Structures : Accessory structures shall be permitted. Illustrative Photo: Duplex with Porch Frontage Illustrative Photo: Duplex with frontyard and porch frontage Illustrative Photo: Triplex with frontyard frontage Illustrative Axonometric Diagram b Illustrative Photo: Quadplex with stoop frontage Table BT-13 Maximum Ratio of each Duplex, Triplex and Quadplex Story Ground Floor 2 3 % of ground floor by story 100% 75%[1] 40% [1] For any percentage less than 100%, the percentage refers to the percentage of the ground floor footprint of the building area that is permitted for this particular story. Division 4: Architectural Standards TRANSIT ZONING CODE SPECIFIC DEVELOPMENT 84 City of Santa Ana, California Supp. No. 21 2082 TRANSIT ZONING CODE Illustrative Section Con�guration Diagram of a duplex Street Alley 3R 4R 2R 1R Upper stories as allowed by zone and table BT-13 Illustrative Section Con�guration Diagram of a duplex Street Alley 3R 4R Upper stories as allowed by zone and table BT-13 2R 1R Walk-up access portion of building Ground Floor access required per frontage type standards KEY TO CONFIGURATION EXAMPLES Illustrative Section Con�guration Diagram of a quadplex 2R Street Upper stories as permitted by zone and table BT-13 Alley 1R 3R 4R Illustrative Section Con�guration Diagram of a triplex Street Upper stories as allowed by zone and table BT-13 Alley 1R 2R 3R PERMITTED USES The various oors of duplex/triplex/quadplexes are available for the uses identi�ed in the diagram below subject to the requirements in Table 2A, Land Use Standards. KEY USE R RESIDENTIAL Below: Examples of allowed duplex/triplex/quadplex site configurations. Illustrative Plan Diagram of a duplex: Alley access Illustrative Plan Diagram of a duplex: Street Access Illustrative Plan Diagram of a triplex: Alley access Illustrative Plan Diagram of a quadplex: Alley access Alley P Primary Street Min 50' Max 125' P Primary Street Min 50' Max 125' Alley 1/2 3 4 P Primary Street Min 50' Max 125' Min 100' Alley 1 2 3 P Primary Street Min 50' Max 125' Min 100' 2083 TRANSIT ZONING CODE SPECIFIC DEVELOPMENT 84 City of Santa Ana, California Supp. No. 21 Sec. 41-2032. House Building Type. (a) House is a structure occupied by one primary residence that also accommodates commercial and office uses as permitted allowed. Such buildings may be used for residential, office, retail or in combination as permitted by the applicable zone. (b) Lot Width and Depth . The minimum and maximum lot width and the minimum lot depth shall be as perscribed in Table BT-1 (Permitted Building Types). (c) Access Standards (1) The main entrance to the house shall be accessed directly from and face the street. (2) Where an alley is not present, parking and services shall be accessed by of a driveway 8 to 10 feet wide, and with 2-foot planters on each side. (3) On a corner lot without access to an alley, parking and services shall be accessed from the side street. (d) Parking Standards (1) Required residential parking shall be within a garage. (2) Street facing garage may accommodate no more than 2 cars side by side or 3 cars in a tan - dem configuration. (3) An alleyaccessed garage may accommodate up to three cars side by side. (4) Additional parking may be provided in the driveway. (5) A street-facing garage shall have 1-car garage doors and driveways no more than 8 feet wide that are seperated by planters at least 2 feet wide. (e) Service Standards (1) Where an alley is not present, services including utility access, above ground equipment and trash containers shall be located at least 10 feet behind the front of the house and be screened from view from the street with a hedge or solid

facing garage shall have 1-car garage doors and driveways no more than 8 feet wide that are seperated by planters at least 2 feet wide. (e) Service Standards (1) Where an alley is not present, services including utility access, above ground equipment and trash containers shall be located at least 10 feet behind the front of the house and be screened from view from the street with a hedge or solid

fence. (f) Open Space Standards (1) Private open space shall be located in the rear or side yard and shall be no less than 15 per - cent of the area of the lot, of a regular geometry and open to the sky. The minimum dimen - sion for this area shall be 15 feet in each direction. (2) At least one side yard shall be designed to provide an open area no less than 10 feet by 10 feet. (3) Porches and stoops may encroach into a required yard, as specified by the zone requirement section. (g) Landscape Standards (1) Landscape shall not obscure front yards on adjacent lots. Front yards trees shall not exceed 1.5 times the height of the porch at maturity, except at the margins of the lot, where they may be no more than 1.5 times the height of building at maturity. Trees shall be planted at the rate of one (1) 36-inch box tree per 25 lineal feet of front yard. Trees may be placed in groups in order to achieve a particular design. (2) In the rear yard, at least one (1) 24-inch canopy tree shall be provided for shade and privacy. (3) Side yard trees shall be planted in required yards a rate of one (1) 24-inch box tree per 25 lin - eal feet to protect the privacy of neighbors. (4) Six (6) 5- gallon shrubs, ten (10) one-gallon size herbaceous perennials/shrubs and turf or acceptable dry climate ground cover shall be planted for every required tree. (h) Frontage Standards (1) A house’s ground level shall be designed so that social areas such as the living room, family room, dining room rather than sleeping and service rooms, are oriented toward the fronting street. (i) Building Size and Massing Standards (1) Building elevations abutting side yards shall be designed to provide at least one horizontal plane break of at least three feet, and one vertical break of at least two feet. (2) Houses on corner lots shall be designed with two front facades. (3) Buildings shall be composed of one and/ or two story volumes, each designed to house scale. (4) A house shall comply with the height ratios established in Table BT-14, entitled Maximum Ratio for Each House Story. (j) Accessory Dwellings . Accessory dwellings are permited subject to the requirements of Sec. 41-194 - second dwelling units . (k) Accessory Structures . Accessory structures are permitted. Illustrative Photo: Single dwelling with front yard frontage Illustrative Photo: Single dwelling with frontyard frontage Illustrative Axonometric Diagram b Table BT-14 Maximum Ratio of each House Story Ground Floor 2 % of ground floor by story 100% 80%[1] [1] For any percentage less than 100%, the percentage refers to the percentage of the ground floor footprint of the building area that is permitted for this particular story. Illustrative Photo: Single dwellings with frontyard frontage Division 4: Architectural Standards 2085 TRANSIT ZONING CODESPECIFIC DEVELOPMENT 84City of Santa Ana, California Supp. No. 6 Division 4. Architectural Standards FRONTYARD / PORCH STOOP Sec. 41-2033. Frontage Types General Provisions (a) The frontage types work in combination with the underlying Zone to ensure that proposed development is consistent with the City's goals for building form, character and quality.(b) Subject to the reuqirements of the applicable zone, a proposed building shall be designed with one of the frontage types permitted in the applicable zone by table FT-1, entitled Frontage Types Permitted by Zone.(c) Standards for all Frontage Types(1) A physical transition shall be provided between the glazing of the storefront and the adjacent sidewalk except if the glazing itself terminates directly at the grade. Where a bulkhead is applied to transition between the opening(s) and the adjacent grade, the bulkhead shall be between 18 inches and 36 inches tall per frontage type (aluminum storefront or spandrel panel may not substitute for a bulkhead). (2) All storefronts shall provide clear views of merchandise displays within the shop space and/or maintained and lighted merchandise display(s) within a display zone of approximately four feet in depth from the glass. (3) Awnings, signs, balconies and other architecrual projections, shall be located at least 8 feet above the adjacent sidewalk and may project for the width of the sidewalk to a maximum encroachment of within 2 feet of the curb.(4) Awnings shall only cover storefronts and openings so as to not cover the entire facade.(5) The term "clear" means that the identified area is free of encroachments other than signs and light fixtures. Illustrative Photo Illustrative Photo Illustrative Photo Illustrative Photo F E R.O.W. R.O.W. TABLE FT- 1 Frontage Types Permitted by Zone Frontage Type Frontage Types Permitted By Zone TV DT UC CDR UN-2 UN-1 A. Arcade Y Y N N N N B.

s and openings so as to not cover the entire facade.(5) The term "clear" means that the identified area is free of encroachments other than signs and light fixtures. Illustrative Photo Illustrative Photo Illustrative Photo Illustrative Photo F E R.O.W. R.O.W. TABLE FT- 1 Frontage Types Permitted by Zone Frontage Type Frontage Types Permitted By Zone TV DT UC CDR UN-2 UN-1 A. Arcade Y Y N N N N B.

Gallery Y Y N Y N N C. Shopfront Y Y Y Y Y N D. Forecourt Y Y Y Y Y N E. Stoop N Y Y N Y Y F Frontyard/Porch N N Y N Y Y Key Y - Frontage Type is permitted N - Frontage type is not permitted TRANSIT ZONING CODE 2086 TRANSIT ZONING CODESPECIFIC DEVELOPMENT 84City of Santa Ana, California Supp. No. 6 SHOP FRONTGALLERY FORECOURT ARCADE Illustrative Photo Illustrative Photo Illustrative Photo Illustrative Photo Illustrative Photo Illustrative Photo Illustrative Photo Illustrative Photo D C B A R.O.W. R.O.W. R.O.W. R.O.W. 2087 TRANSIT ZONING CODESPECIFIC DEVELOPMENT 84City of Santa Ana, California Supp. No. 6 Division 4. Architectural Standards Sec. 41-2035. Gallery Frontage Type(a) Galleries are colonndes that are attached to storefronts projecting over the sidewalk/walkway.1. ConfigurationA great variety of gallery designs are possible, but the following shall apply: a. The height and the proportions of the gallery shall correspond to the facade consistent with the archi-tectural style of the building b. A minimum of 12 feet wide clear in all directions. Soffits, columns/arches shall be treated consistent with the architecture of the building c. Along primary frontages, the arcade shall correspond to storefront openings and: i. Spacing between openings along the right-of-way shall be a minimum of 10 feet. ii. Primary frontage storefront openings shall be at least 10 feet tall and comprise 65% of the 1st floor wall area facing the street and shall not have opaque or reflective glazing. iii. Storefronts shall be minimum 10 feet to a maximum of 16 feet tall. d. A bulkhead shall transition between the opening(s) and the adjacent grade. The bulkhead shall be between 18 inches and 36 inches tall (aluminum storefront or spandrel panel shall not substitute for a bulkhead).e. A minimum of 2 feet and a maximum of 4 feet clearance from curb and face of arcade (except at curb extensions for intersections). 2. Elements f. Awnings and signs shall be located at least 8 feet above the adjacent sidewalk and may project for the width of the sidewalk at a rate of 6 inches per each foot above 8 feet to a maximum encroachment of 4 feet (see applicable zone for "encroachments").Illustrative Photo: Gallery Sec. 41-2034. Arcade Frontage Type(a) Arcades are facades with an attached colonnade, that is covered by upper stories. This type is ideal for retail use, but only when the sidewalk is fully absorbed within the arcade so that a pedestrian cannot bypass it. For Building Code considerations, this frontage type cannot cover the public right-of-way with out a permanent encroachment permit.1. Configuration.A great variety of arcade designs are possible, but the following shall apply: a. The height and the proportions of the arcade shall correspond to the facade consistent with the architectural style of the building. b. A minimum of 12 feet clear in all directions. Soffits, columns/arches shall be treated consistent with the architecture of the building c. Along primary frontages, the arcade shall correspond to storefront openings and: i. Spacing between openings along the right-of-way shall be 10 feet. ii. Primary frontage storefront openings shall be at least 10 feet tall and comprise 65% of the 1st floor wall area facing the street and not have opaque or reflective glazing. iii. Storefronts shall be a minimum of 10 feet to a

e of the building c. Along primary frontages, the arcade shall correspond to storefront openings and: i. Spacing between openings along the right-of-way shall be 10 feet. ii. Primary frontage storefront openings shall be at least 10 feet tall and comprise 65% of the 1st floor wall area facing the street and not have opaque or reflective glazing. iii. Storefronts shall be a minimum of 10 feet to a

maximum of 16 feet tall. d. A bulkhead shall transition between the opening(s) and the adjacent grade. The bulkhead shall be between 18 inches and 36 inches tall (aluminum storefront or spandrel panel shall not substi- tute for a bulkhead).e. A minimum of 2 feet and maximum of 4 feet clearance from curb and face of arcade (except at curb extensions for intersections). 2. Elements f. Awnings and signs shall be located at least 8 feet above the adjacent sidewalk and may project for the width of the sidewalk at a rate of 6 inches per each foot above 8 feet to a maximum encroach- ment of 4 feet (see applicable zone for

"encroachments"). Illustrative Photo: Arcade Illustrative Photo: Shopfront Sec. 41-2036. Shopfront Frontage Type(a) Shopfronts are facades placed at or close to the right-of-way line, with the entrance at side walk grade. This type is conventional for retail frontage and is commonly equipped with cantilevered shed roof(s) or awning(s). Recessed storefronts are also acceptable. The absence of a raised ground floor precludes resi- dential use on the ground floor facing the street, although such use is appropriate above.1. ConfigurationA great variety of shopfront designs are possible, but the following apply:a. A minimum of 12 feet clear to a maximum of 18 feet tall, as measured from the adjacent sidewalk.b. The corresponding

s). Recessed storefronts are also acceptable. The absence of a raised ground floor precludes resi- dential use on the ground floor facing the street, although such use is appropriate above.1. ConfigurationA great variety of shopfront designs are possible, but the following apply:a. A minimum of 12 feet clear to a maximum of 18 feet tall, as measured from the adjacent sidewalk.b. The corresponding

storefront(s) opening(s) along the primary frontage shall comprise at least 65% of the 1st floor wall area facing the street and not have opaque or reflective glazing.c. Storefronts may be recessed from the frontage line by up to 10 feet. d. A bulkhead shall transition between the opening(s) and the adjacent grade. The bulkhead shall be between 18 inches and 36 inches tall (aluminum storefront or spandrel panel may not substitute for a bulkhead)2. Elementse. Awnings and signs shall be located at least 8 feet above the adjacent sidewalk and may project for the width of the sidewalk at a rate of 6 inches per each foot above 8 feet to a maximum encroach- ment of 4 feet.f. Signage shall not project within 2 feet of the adjacent curb face(s). g. Awnings shall only cover storefronts and openings so as to not cover the entire facade. TRANSIT ZONING CODE 2088 TRANSIT ZONING CODESPECIFIC DEVELOPMENT 84City of Santa Ana, California Supp. No. 6Axonometric Diagram: Arcade Section Diagram: Arcade Plan Diagram: Arcade ecb R.O.W a bcdbe R.O.W Parcel b b c e R.O.W Setback LineSection Diagram: Gallery Axonometric Diagram: Gallery Plan Diagram: Gallery b b c e R.O.W ecb R.O.W a bcdbe R.O.W Parcel Setback LineSection Diagram: Shopfront Axonmetric Diagram: Shopfront Plan Diagram: Shopfront e b R.O.W e c a d ec R.O.W R.O.W Parcel a ebde e a Setback Line bbc a a cc ff bb 2089 TRANSIT ZONING CODESPECIFIC DEVELOPMENT 84City of Santa Ana, California Supp. No. 6 Division 4. Architectural Standards Sec. 41-2038. Stoop Frontage Type(a) Stoops are an elevated entry pad that corresponds directly to the building entry. The stoop has stairs placed close to the frontage line on a building and the ground story elevated from the sidewalk, securing privacy for the windows and front rooms. This type is suitable for ground-floor residential uses with short setbacks. This type may be interspersed with the shopfront frontage type. A porch or shed roof may also cover the stoop. 1. ConfigurationA great variety of stoop designs are possible, but the following shall apply: a. A minimum of 4 feet deep clear. a1. Stoops without porches or roofs may encroach up to 50 percent of required building setback depth unless specified otherwise in zone standards. b. A minimum 4 feet wide. c. Stoops shall be at grade or raised to transition into the building. In no case shall the ground story be elevated more than 3 feet above the adjacent sidewalk. d. Stoops shall correspond directly to the building entry(s).2. Elements e. Fences or walls defining the stoop or front setback shall not exceed 36 inches from the highest adjacent finished grade and comply with Sec. 41610.Illustrative Photo: Stoop combined with Porch Illustrative Photo: Frontyard / Porch Sec. 41-2039. Frontyard / Porch Frontage Type(a) Frontyards are a common frontage primarily associated with single family houses, but used with other building types depending on the context in all cases, where the facade is set back from the right of way with a front yard. An encroaching porch may also be appended to the facade. A fence or wall at the prop- erty line may be used to define the private space of the yard. The front yard may also be raised from the sidewalk, creating a small retaining wall at the property line with entry steps to the yard.1. ConfigurationA great variety of porch designs are possible, but the following shall apply: a. A minimum of 6 feet deep clear.a1. Porches may encroach up to 24 inches of required building setback depth unless specified otherwise in zone standards, provided the remaining setback area shall not be less than 5 feet. b. A minimum of 12 feet wide clear for centered entry; or a minimum of 10 feet clear for assymetrical entry. c. A minimum of 10 feet tall clear. d. Porches shall be at grade or raised to transition into the building. In no case shall porches be raised more than 3 feet from the adjacent grade.2. Elementse. Fences or walls defining the front yard shall not exceed 3 feet in height from the adjacent sidewalk and comply with Sec. 41-610. Retaining walls within the front yard setback cannot exceed 18 inch- es in height. Sec. 41-2037. Forecourt Frontage Type (a) Forecourt is a semi-public exterior space partially within the shopfront, gallery or arcade frontage that is partially surrounded by a building and also opening to a thoroughfare forming a court. The court is suit- able for gardens, outdoor dining, vehicular drop-off and utility off-loading. .1. ConfigurationA great variety of forecourt designs are possible, but the following shall apply:a. A minimum of 10 feet deep clear, maximum of 40 feet deep clear.b. A minimum of 20 feet wide and

e frontage that is partially surrounded by a building and also opening to a thoroughfare forming a court. The court is suit- able for gardens, outdoor dining, vehicular drop-off and utility off-loading. .1. ConfigurationA great variety of forecourt designs are possible, but the following shall apply:a. A minimum of 10 feet deep clear, maximum of 40 feet deep clear.b. A minimum of 20 feet wide and

a maximum of 50% lot frontage. c. The forecourt may also be raised from the sidewalk, creating a small retaining wall at the property line with entry steps to the forecourt, but shall not exceed 3 feet from the adjacent sidewalk grade.d. Storefronts shall be between 10 feet and 16 feet tall, as measured from the adjacent walkway.e. The corresponding storefront(s) opening(s) along the primary frontage shall be at least 65% of the 1st floor wall area and shall not have opaque or reflective glazing. f. A bulkhead shall be required. The bulkhead shall be 24 inches minimum, 36 inches maximum (aluminum storefront or spandrel panel shall not be substituted for a bulkhead).2. Elements g. Minimum clearances for signs and awnings shall be 8 feet from sidewalk for vertical clearances and the width of the side walk for horizontal clearances. Illustrative Photo: Forecourt TRANSIT ZONING CODE 2090 TRANSIT ZONING CODESPECIFIC DEVELOPMENT 84City of Santa Ana, California Supp. No. 6Axonometric Diagram: Forecourt Section Diagram: Forecourt Plan Diagram: Forecourt b a R.O.W f d e g fda R.O.W Parcel e c ba R.O.W Setback LineSection Diagram: Stoop Axonometric Diagram: Frontyard / Porch Plan Diagram: Stoop ca R.O.W Parcel Setback line b R.O.W e d ba R.O.W d a1a1 Axonometric Diagram : Frontyard / Porch Plan Diagram: Frontyard / Porch ea R.O.W Parcel Setback Line c d b R.O.W a e d ca1 ba R.O.W a1ee a1 a1 a1 a1 Secs. 41–2041—41–2049. Reserved. 2091 TRANSIT ZONING CODESPECIFIC DEVELOPMENT 84City of Santa Ana, California Supp. No. 6 Division 4. Architectural Standards Y = Allowed - = Not Allowed Table AS-1 : Permitted Architectural Styles by Building Type Building TypeA. Main St. CommercialB. Mission RevivalC. Art DecoD. Folk VictorianE. CraftsmanF. California ContemporaryA. Tower on PodiumY-Y--YB. Flex BlockYYYY-YC. Lined BlockYYY--YD. Hybrid Court-YY--YE. Stacked DwellingYYY--YF. Courtyard HousingYYYYYYG. Live/WorkYYYYYYH. RowhouseYYYYYYI. Tuck-under HousingYYYY-YJ. Bungalow Court-YYYYYK. Duplex/ Triplex/ Quadplex-YYYYYL. House-YYYYY(a) Each building shall be designed in compliance with Table AS-1, entitled Permitted Archtectural Styles by Building Type. Six architectural styles are identified as relevant to the area’s history and deserving of continued use and interpretation. These styles are: Section 41-2040. Architectural Styles D. Folk Victorian A. Main Street Commercial 6. Openings 7. Attached Elements 8. Massing 9. Site Definition and Landscape Architectural Style Guidelines1. Intent. In preparing these guidelines, it was determined that a framework is nec-essary with which to both express architectural objectives within the project area and a set of clear guidelines that provides the City and future applicants a basis for proposing and reviewing development proposals. These guidelines are not intended as a style manual but rather as a framework that appropriately repre- sents the salient characteristics of various traditional styles for design exploration and application in projects within the plan area. It is expected that these guide- lines will provide supplemental design guidance for issues not expressly stated in the Santa Ana Municipal Code.2. Style Characteristics. The six styles are described in terms, for nine

er as a framework that appropriately repre- sents the salient characteristics of various traditional styles for design exploration and application in projects within the plan area. It is expected that these guide- lines will provide supplemental design guidance for issues not expressly stated in the Santa Ana Municipal Code.2. Style Characteristics. The six styles are described in terms, for nine

subjects, that assist the user of this Code to understand their historic precedence and prepare contemporary designs in these historic styles: 1. Base 2. Primary Walls 3. Roof-Wall Connections 4. Roof 5. Drainage TRANSIT ZONING CODE 2092 TRANSIT ZONING CODESPECIFIC DEVELOPMENT 84City of Santa Ana, California Supp. No. 6 E. Craftsman F. California Contemporary B. Mission Revival C. Art Deco 2093 TRANSIT ZONING CODESPECIFIC DEVELOPMENT 84City of Santa Ana, California Supp. No. 6 Division 4. Architectural Standards A. Main Street CommercialThe Main Street Commercial building is found on almost every pre-World War II American Main Street. Basically a decorated rectangular masonry box in form, one-story buildings are always commercial in use, while multi-story buildings are mixed-use with commercial ground floors. Multi-story facades are typically divided into base, body and top with the ground floor taller than the shorter upper floor which is finished by a significant parapet. The ground floor has expansive glass interrupted by structural columns with transoms to allow light to penetrate deep into the interior. Upper floor windows are smaller with vertical windows directly relating to the ground floor openings. Masonry corniceParapet and wood corniceRustic wood cornice Single planeCommercial

aller than the shorter upper floor which is finished by a significant parapet. The ground floor has expansive glass interrupted by structural columns with transoms to allow light to penetrate deep into the interior. Upper floor windows are smaller with vertical windows directly relating to the ground floor openings. Masonry corniceParapet and wood corniceRustic wood cornice Single planeCommercial

frontageSimple, elegant arched-brick frame Storefront with cast iron columns Painted brick transomGround floor as base 3. Roof-Wall Connections a. The roof-wall connection is the top of the facade’ tripartite facade composition. This top, articulated as a substantial cor- nice, can be formed with the same material as the rest of the wall or fashioned of complimen- tary materials such as stone, concrete, or metal. b. Foam moldings are expressly prohibited.2. Primary Wallsa. The primary walls, usually com-posed of brick, comprise the main body of the building’s tripartite facade structure. The masonry-work can be very plain or highly decorative. b. Decorative moldings, cornices, or an applied ornament of stone or cast concrete may be used to express the vertical division between the base, the body, and the top. 1. Basea. Multi-story buildings: ground floor is the base and is articulat- ed by large storefront windows and, in some cases, walls or columns of different materials from upper floors. b. Elements (not walls) setback within the wall, may have their own material connection to the ground, such as tile, wood, and/ or cast iron. TRANSIT ZONING CODE 2094 TRANSIT ZONING CODESPECIFIC DEVELOPMENT 84City of Santa Ana, California Supp. No. 6Commercial frontageForecourt frontageCourtyard within a Flex Block 2-story block with higher massing at centerOne-story Flex BlockArticulated corner block Awnings at commercial frontageCanopy frontageBalcony frontage Ground floor storefront windowsGrouped second-floor windowsSecond-floor windows grouped in pairs Downspout on back side of building; Awnings at commercial frontageDrainage imbedded in exterior wall ParapetRoof gardenArticulated parapet with integrated signage 9. Site Definition and Landscape a. Since buildings are typically zero-setback and urban, plant- ing on ground floor streetfacing facades is not permitted.b. Landscape, however, is to be in internal courtyards and street- facing forecourts. 8. Massinga. Whether one-story or multiple-story, Main Street Commercial buildings tend to be square or rectangular boxes. However, subtle variations in height can add interest to a a facade, emphasize important architec- tural features such as a building entrance, or can accentuate a corner condition.7. Attached Elementsa. Awnings, canopies, and second floor balconies may extend into the public right-ofway, subject to standards on chapter 3. Such attachments provide shelter to passing pedestrians, emphasize the ground floor uses, and add interest to the box-like massing inherent to the style. 6. Openingsa. Ground floor windows and doors are large and expansive, typically with a transom. b. Upper floor windows are typi-cally grouped with a rhythm relating to the major storefront openings below.c. Upper floor windows are typi-cally double-hung (two lites) and vertically oriented.5. Drainagea. Since these buildings typically maintain a zero setback, rainwa- ter may be diverted away from public sidewalks in

d floor windows and doors are large and expansive, typically with a transom. b. Upper floor windows are typi-cally grouped with a rhythm relating to the major storefront openings below.c. Upper floor windows are typi-cally double-hung (two lites) and vertically oriented.5. Drainagea. Since these buildings typically maintain a zero setback, rainwa- ter may be diverted away from public sidewalks in

several ways: i) downspouts on the the back-side or alley-side of the building,ii) internal drain pipes imbedded within the buildings walls (visible only on rear),iii) awnings or canopies4. Roofa. Invariably flat roofs are used. Parapets are articulated as an explicit exterior wall making a visual transition to the sky through plain or elaborate pro- files.b. Roofs may be accessible and be used as balconies or terraces. 2095 TRANSIT ZONING CODESPECIFIC DEVELOPMENT 84City of Santa Ana, California Supp. No. 6 Division 4. Architectural Standards B. Mission RevivalThis architecture is derived from Spanish, Italian, Greek and North African prec- edents, and their extraordinary progeny in North and South America from the Colonial period, and up to 1950. The Mission Revival style is a mature and complex architectural language. Its heritage is so extensive, that when applied, it evokes a heightened sense of urbanity, and an intimate relationship with nature.Expressed rafters, broad eaveClay tile with no eaveTile on profiled parapet Single plane compositionIntermediate molding at baseApplique at cornice Painted base with deep recessMonolithic wall and baseContinuous material base or can be high-lighted at corners 3. Roof-Wall Connections a. Exterior walls will transition into roof form by one of three devices: i) A projected wooden eave with exposed wooden raf- ters, ii) A plaster molding or, iii) A tile capb. Foam moldings are expressly prohibited.2. Primary Wallsa. Expressed as single-plane expanses of plaster wall.b. May be articulated by traditional moldings or applied ornament of stone or cast concrete, to describe the vertical divisions into

will transition into roof form by one of three devices: i) A projected wooden eave with exposed wooden raf- ters, ii) A plaster molding or, iii) A tile capb. Foam moldings are expressly prohibited.2. Primary Wallsa. Expressed as single-plane expanses of plaster wall.b. May be articulated by traditional moldings or applied ornament of stone or cast concrete, to describe the vertical divisions into

base, body and top.c. Plaster finish shall be Santa Barbara Mission-Stucco, Humpy-Bumpy brown coat 16/20 finish with 0 - 3/8” varia- tion, or 20-30 fine sand finishd. Control joints allowed.1. Basea. Exterior walls reach the ground with an expression of weight, with or without a base.b. An explicit element of base is described either as a painted band of traditional colors or an applied band of stone or cast concrete.c. Elements setback within the wall, may have their own material connection to the ground, such as tile, plaster or concrete. TRANSIT ZONING CODE 2096 TRANSIT ZONING CODESPECIFIC DEVELOPMENT 84City of Santa Ana, California Supp. No. 6Fountain as garden focusIntegral 1-story wall with doorwayForecourt with entry gate Vertical articulation of cornerSingle-volume compositionArticulation of corner Useable balconiesIntegral stairsIntegral chimneys 9. Site Definition and Landscape a. Buildings typically collect sur-rounding public and private space into walled precincts consistent with their use. Forecourts, gar- den walls and zaguans are com- mon.b. The landscape of gardens and courtyards heightens the spatial character of each such enclosed exterior room.8. Massinga. Volumetric compositions can be of a single primary volume offset by a variety of lesser ones. Also possible are compositions that are expressed in a single volume. b. It is common and desirable to articulate building corners on cor- ner lots.c. Such designs can be devised at the geometric corner or adjacent to it.7. Attached Elementsa. All allowable urban frontages in the project area can be expressed in terms particular to this archi- tecture.b. A number of architectural ele-ments such as balconies, stairs and chimneys can encroach beyond the primary exterior sur- face of buildings and into their setbacks, as allowed in chapter 3.Deep, recessed openingsTrimmed major openingsPaired, recessed openings Projecting scuppersWater retention and controlGutter and downspout Sloped tile roofParapet with flat roofRoof as balcony behind articulated parapet 6. Openings a. Deep-set (min 3” plaster return)and combined with deeper balco- ny, loggia, and arcade elements to generate complex building-wide vertical or horizontal compos- tions.b. Such compositions can be sym-metrical overall, locally symmetri- cal or, asymmetrical.c. Shutters are the aggregate size of the associated opening.d. Double-hung or multi-pane; No aluminum or white vinyl5. Drainagea. May be conducted off pitched roofs by a traditional combination of gutters and downspouts.b. Flat roofs may be drained by use of trumpet scuppers. Such roofs draining internally to the roof will need tile or ceramic scuppers on exterior walls.c. Rainwater reaching the ground may be harvested in cisterns or temporarily collected in dry wells.4. Roofa. May be pitched at a 3:12 ratio and finished in Roman or Mission tile laid irregularly.b. Flat roofs are allowed and shall be articulated as an explicit exte- rior wall (tile may be

et scuppers. Such roofs draining internally to the roof will need tile or ceramic scuppers on exterior walls.c. Rainwater reaching the ground may be harvested in cisterns or temporarily collected in dry wells.4. Roofa. May be pitched at a 3:12 ratio and finished in Roman or Mission tile laid irregularly.b. Flat roofs are allowed and shall be articulated as an explicit exte- rior wall (tile may be

multi-color randomly placed) visual transition to the sky. May be accessible and used as balconies or terraces.c. No bird stops allowed at end con-dition: must be mortar filled. 2097 TRANSIT ZONING CODESPECIFIC DEVELOPMENT 84City of Santa Ana, California Supp. No. 6 Division 4. Architectural

Standards C. Art DecoThe Art Deco style is inspired by the streamlined styling of modern technol- ogy. Characterized by volumes that step back at upper floors and long pilasters that run the entire height of the building, Art Deco’s sleek and cubic forms are decorated with patterns and motifs taken from the Far East, ancient Greece and Rome, Africa, India, and Mayan and Aztec cultures. Windows typically are located between the pilasters and, between floors, are often separated by decorated tran- som panels.Column extensions with metal transomsPlaster wall extensions with metal columnsUndulating parapet StonePlaster and metalGlazed Terra Cotta Masonry base and monolithic wallMarble baseGround floor as base 3. RoofWall Connectionsa. Exterior walls shall extend beyond the roof level and form a parapet that is configured in one of three ways: i) Pilasters that continue beyond height of interstitial walls, ii) Walls that continue beyond height of the pilasters, iii) Wall and pilaster that reach to same height.b. Decorated metal, ceramic tile, or glazed terra cotta transoms may be incorporated as part of parapet.2. Primary Wallsa. Exterior walls may be constructed of cast concrete or plaster. b. Pilasters running the entire height of the building should be included as part of the facade design. c. Windows shall be located between the pilasters.1. Basea.

iii) Wall and pilaster that reach to same height.b. Decorated metal, ceramic tile, or glazed terra cotta transoms may be incorporated as part of parapet.2. Primary Wallsa. Exterior walls may be constructed of cast concrete or plaster. b. Pilasters running the entire height of the building should be included as part of the facade design. c. Windows shall be located between the pilasters.1. Basea.

Exterior walls are supported on a base composed of stone, cast concrete, glazed terra cotta tile, or glazed ceramic tile (bathroom tile is not permitted).b. The entire ground floor height may be articulated as the base of the building. TRANSIT ZONING CODE 2098 TRANSIT ZONING CODESPECIFIC DEVELOPMENT 84City of Santa Ana, California Supp. No. 6Storefront with awningsPorchesStorefront Stepped-back volumes Stepped-back volumesHigher volume at corner Decorative metal awningsMetal window grille and metal balconyPunched metal letter signage Simple trim with operable shuttersRecessed metal window with metal transomRecessed double-hung with metal decorative transoms Sloped roofs without guttersScupper and downspout on building sideGutter with downspout into wall Flat roof (lower volume) and sloped roof (upper volume)Decorative capCorner stepped tower 9. Site Defintion and Landscapea. Buildings may be situated in a zero-setback urban condition. b. Buildings may also utilize the follow-ing frontages: front yard, porch, fore- court, arcade or storefront. 8. Massinga. Upper stories should step back, par-ticularly for tall buildings.b. Pilasters should run the entire height of the building.7. Attached Elementsa. Architectural elements such as balconies and awnings must be designed and assembled of finely- crafted metal. These elements may encroach into the building’s set- backs.b. Metal window grilles are permitted.6. Openingsa. Windows shall be situated between pilasters and shall be recessed. b. Windows shall be multi-paned and be vertical in orientation.c. Finely crafted, metal window grates are permitted.d. Metal or tile transom panels between windows on consecutive floors are encouraged, but not requried.5. Drainagea. To preserve the stylized lines of the Art Deco facades, roof drainage should located within walls of the buiding itself and therefore not vis- ible on the facade.b. Where external scuppers and down-spouts are utlized, they should be located on the side or rear facades.4. Roofa. In most cases, roofs should be flat with the exterior walls extending beyond the roofline to form parapet walls.b. Towers with whimsical roofs are per-mitted. 2099 TRANSIT ZONING CODESPECIFIC DEVELOPMENT 84City of Santa Ana, California Supp. No. 6 Division 4. Architectural Standards D. Folk VictorianThe Folk Victorian style is characterized by vertically proportioned masses clad in wood, stone, masonry or metal composed of vertically narrow openings. Original horizontal storefronts provide a more urban grade gesture to the street while the remaining massing is concealed behind a tall facade. Structural elements such as columns, braces, etc., are often the same as the decorative elements. Typically, this style emphasizes a street-facing front with the rest of the building often being very simple in composition and decoration. Roofs are typically hidden behind prominent facades and/or parapets. Where visible, roofs are simple and finished in metal or composition shingles.Parapet with cornice and bracketsParapet with cornice and bracketsGable with attic vents and combination of shingle and horizontal siding Painted woodPainted horizontal wood sidingDecorative metal siding Raised panel baseCorrugated siding to gradeWood plank siding to grade 3. Roof-Wall Connections a. The front facade is typically articulated as a decorated flat plane capped by a simple cor- nice supported by decorative brackets. The eve condition of side facade is articulated in a similar manner. b. Balcony ceilings will be constructed of wooden rafters and finished in wood planking.b. Foam moldings are expressly prohibited.2. Primary Wallsa. Expressed as single-plane expanses of wood or metal sid- ing. The street-facing facade is typified by decorative elements such as window molding, cor- nices, lighting, and signage. b. Commercial: � stick-frame store-front’; Residential: wood shinglec. Primarily horizontal siding or vertical board and batten.d. Smooth siding (wood or cementitious: no T-111) 1. Basea. Exterior walls reach the ground with or without a base.b. Where present, the base is described as an applied band of wood, corrugated metal, or cast concrete, stone such as granite. TRANSIT ZONING CODE 2100 TRANSIT ZONING CODESPECIFIC DEVELOPMENT 84City of Santa Ana, California Supp. No. 6PatioForecourtInformal planters and rain barrels Intersecting volumes with corner focusTwo-story ends with one-story middleTwo-story with porch and balcony Awning with bracesArcade with signsProjecting bay windows Commercial storefrontsParapet detailsDouble-hung windows on second floor Scupper with downspoutGutter and downspoutGutter and

IFIC DEVELOPMENT 84City of Santa Ana, California Supp. No. 6PatioForecourtInformal planters and rain barrels Intersecting volumes with corner focusTwo-story ends with one-story middleTwo-story with porch and balcony Awning with bracesArcade with signsProjecting bay windows Commercial storefrontsParapet detailsDouble-hung windows on second floor Scupper with downspoutGutter and downspoutGutter and

downspout along column Sloped metal roofParapet Composition shingle roof 9. Site Definition and Landscapea. Buildings can situated in a zero-setback, urban condition where landscaping is limited to planted pots. b. Buildings can also have a front yard, arcade, forecourt or face a courtyard. 8. Massinga. Tend to have one primary facade that faces the street and is artic- ulated as a decorated flat plane. b. Can be one- or two-story and tend to have a street-facing architectural bias. 7. Attached Elementsa. A number of decorated architec-tural elements such as porches, balconies, awnings, and bay win- dows can encroach beyond the primary exterior surface of build- ings and into their setbacks.b. Arcades and galleries can extend also into the front setback.c. Columns are highly articulate, trimmed or capped.6. Openingsa. Windows and doors are framed with wood trim. b. Windows are multi-paned and vertical in orientation.c. Ground floor primarily glazed with transoms over storefronts; Upper floors glazed with smaller, vertical openings.5. Drainagea. May be conducted off pitched roofs by a traditional combina- tion of gutters and downspouts.b. Rainwater reaching the ground may be harvested in cisterns or temporarily collected in dry wells.4. Roofa. Primary roof tends to be hidden by the street-facing parapet. b. Can be sloped or flat. Sloped roofs may be clad in metal or wood shingles. 2101 TRANSIT ZONING CODESPECIFIC DEVELOPMENT 84City of Santa Ana, California Supp. No. 6 Division 4. Architectural Standards E. CraftsmanThis style was initiated in the Midwest and successfully applied to the widely vary- ing California climate. It carries strong asian and swiss influences and was most popular from 1900 to 1920. Buildings are composed of horizontal, single- and two- story volumes. An additional floor may be concealed within the volume of the roof. In its most simple form, it is a wood box surrounded by various attached elements. Walls are typically horizontally placed wood siding, shingles or board-and-batten, with a foundation base and piers in river stone, brick or stucco. Rafter tails and porch columns are exposed, smooth, woodwork. Windows and doors are vertical in proportion, trimmed in wood. Roofs are composed of shallow sloped gabled forms, and made of wood or asphalt shingles with broad overhangs and eaves.Brace and exposed raftersStructural elements as decorationLarge overhangs Siding above painted plasterUnpainted siding above painted plasterPainted shingles above painted lap siding Combination stone and brick baseConcrete baseMasonry and stone base 3. Roof-Wall Connections a. Wide eaves with exposed rafters b. Wood braces may be used. c. Min 3’ overhang d. Decorative, spaced boards to vent attics2. Primary Wallsa. Walls shall show no more than two materials along any vertical section of the building, with no more than 90% of the total wall surface in one material. Single family detached houses are exempt.b. Piers are a minimum of 6”x6” if wood posts, and 18”x18” if stone or stucco.c. Stone is largest at the bottom and smallest at the top.1. Basea. Craftsman houses invariably rest upon a base of concrete, stone, or brick.b. Stone is largest at the bottom and smallest at the top reflect- ing the natural stacking of the material.c. The lower floor may be stucco (20-30 fine sand finish) with the upper floor(s) clad in wood or shingle siding. TRANSIT ZONING CODE 2102 TRANSIT ZONING CODESPECIFIC DEVELOPMENT 84City of Santa Ana, California Supp. No. 6Walls composed of natural materials to blend into landscapeTrellis as entryNatural materials with accented gate Intersecting gables with porchHorizontal volumes, projected upper floorHip with wrap-around verandah Front PorchChimneyPorte-cochere 9. Site Definition and Landscapea. Buildings typically face a front yard. b. Garden walls of rounded stone and/or clinker brick, brick are common.c. Trellis and other woodwork define outdoor porches and patios.Vertical openings � Ganged’ vertical openingsPaired openings composed horizontally Gutter and downspoutDownspoutGutter and downspout Roofs parallel to streetDormer window with pitched roofDormer with � flap-up � roof 8. Massing a. 3rd story always concealed in roof with dormersb. 2-story with 1-story components attached such as porches or veranda.c. 1-story simple house forms with 1-story components attached such as porches or veranda. 7. Attached Elementsa. Porches, chimneys, and trellises can encroach beyond the prima- ry exterior surface of buildings and into their setbacks.b. Tapered, square columns c. Deep porches to block

tory always concealed in roof with dormersb. 2-story with 1-story components attached such as porches or veranda.c. 1-story simple house forms with 1-story components attached such as porches or veranda. 7. Attached Elementsa. Porches, chimneys, and trellises can encroach beyond the prima- ry exterior surface of buildings and into their setbacks.b. Tapered, square columns c. Deep porches to block

sun and provide shade to interiors.6. Openingsa. Window openings should be ori-ented vertically, although several windows may abut to form a horizontal overall opening. b. Window lites may be divided into equal increments or be divided on a portion of a window (such as the upper portion of a double-hung or casement win- dow: 4 over 1, 3 over 1) 5. Drainagea. May be conducted off pitched roofs by a traditional combina- tion of gutters and downspouts.b. Rainwater reaching the ground may be harvested in cisterns or temporarily collected in dry wells.c. Downspouts are painted or copper and typically round or square.4. Roofa. Principal gables are between 3:12 and 4:12, and shed slopes are less than the principal slope (between 2:12 and 6:12). b. Dormers may be used to provide light and air to rooms in the attic space. c. Heavy timber throughout in lookouts and brackets (6x8 min) 2103 TRANSIT ZONING CODESPECIFIC DEVELOPMENT 84City of Santa Ana, California Supp. No. 6 Division 4. Architectural Standards F.

are.4. Roofa. Principal gables are between 3:12 and 4:12, and shed slopes are less than the principal slope (between 2:12 and 6:12). b. Dormers may be used to provide light and air to rooms in the attic space. c. Heavy timber throughout in lookouts and brackets (6x8 min) 2103 TRANSIT ZONING CODESPECIFIC DEVELOPMENT 84City of Santa Ana, California Supp. No. 6 Division 4. Architectural Standards F.

California ContemporaryThe California Contemporary style, the architectural analog of � California Cuisine, � reinterprets the modernist tradition with a local and eclectic flair. The style tends to emphasize massing over structural articulation and is characterized by inter- locking volumes of different colors and materials. Architectural elements such as awnings, balconies, and trellises are appended to the volumes, often occurring in the interstitial spaces between volumes. Roofs may be flat with parapets, sloped, barrelshaped, domed, or a combination thereof.Parapet with corniceParapet with receding corniceOverhang Painted Hardiplank® sidingCast concretePlaster combined with siding Concrete block baseGround floor as concrete base No base 3. Roof-Wall Connectionsa. The parapet of flat-roofed volumes may be articulated in a variety of ways: with a cornice, without a cor- nice, with a receding cornice. b. Sloped roofs may or may not may have overhangs. For roofs with sloped overhangs, exposed rafters are encouraged.c. Wood braces may be used.2. Primary Wallsa. Expressed as single-plane expanses of wood, cementitious, or metal siding (no T-111), plaster, corrugated metal, cast concrete, or concrete block. These various materials may be used in conjunction with one another. 1. Basea. Exterior walls reach the ground with or without a base.b. Where present, the base is articulated as a band of stone, concrete block, cast concrete, or corrugated metal.c. The entire ground floor height may be articulated as the base. TRANSIT ZONING CODE 2104 TRANSIT ZONING CODESPECIFIC DEVELOPMENT 84City of Santa Ana, California Supp. No. 6Landscaped DrivewayLandscape over concrete podiumRaised planters Volumes of differing height, width, color, and materialRepetitive interlocking volumes of differing height and widthInterlocking volumes and planes Awnings with bracesCanvas AwningTrellis Projecting corner windowMetal window with metal

ONING CODE 2104 TRANSIT ZONING CODESPECIFIC DEVELOPMENT 84City of Santa Ana, California Supp. No. 6Landscaped DrivewayLandscape over concrete podiumRaised planters Volumes of differing height, width, color, and materialRepetitive interlocking volumes of differing height and widthInterlocking volumes and planes Awnings with bracesCanvas AwningTrellis Projecting corner windowMetal window with metal

transomBay window Scupper and downspoutScupper and downtspoutScuppers and downspoutsMetal barrel roofParapet Sloped metal roof 9. Site Defintion and Landscapea. Buildings may be situated in a zerosetback, urban condition where land-scaping is limited to planted pots or planters. b. Buildings may also utilize the follow-ing frontages: front yard, arcade, or forecourt.c. Creative solutions to landscaping atop garage podiums should be sought. 8. Massinga. In order to avoid monolithic build-ings of the same continuous height, buildings should be composed of interlocking volumes of differing heights and widths. b. Though repetition of building vol-umes is permitted, the repetition should not be overbearing.7. Attached Elementsa. Architectural elements (balconies, trellises, awnings, and bay windows) must be designed and assembled of finely-crafted metal or wood. These elements may encroach into the building’s setbacks.b. Arcades and galleries may also extend into the front setback.6. Openingsa. Windows should be manufactured of quality materials such as metal or wood.b. Window openings may be either framed or unframed. c. Windows should be multi-paned and be vertical in orientation.5. Drainagea. Downspouts may be utilized as deco-rative vertical elements and facade accents.b. Scuppers may be used to provide shadowed effects on flat facade sur- faces.c. Drainage components should be metal.4. Roofa. Roofs may be sloped, barrel-shaped, flat, or a combination thereof. Sloped roofs shall be clad in metal. 2105 TRANSIT ZONING CODESPECIFIC DEVELOPMENT 84City of Santa Ana, California Supp. No. 6 Division 5. On-

e utilized as deco-rative vertical elements and facade accents.b. Scuppers may be used to provide shadowed effects on flat facade sur- faces.c. Drainage components should be metal.4. Roofa. Roofs may be sloped, barrel-shaped, flat, or a combination thereof. Sloped roofs shall be clad in metal. 2105 TRANSIT ZONING CODESPECIFIC DEVELOPMENT 84City of Santa Ana, California Supp. No. 6 Division 5. On-

Premise Signs Division 5. On-Premise SignsSec. 41-2050. Purpose and intent.These sign regulations are intended to appropriately limit the placement, type, size, and number of signs allowed within the Specific Development 84, and to require the proper maintenance of signs. The purposes of these limitations and requirements are to:(a) Avoid traffic safety hazards to motorists, bicyclists, and pedestrians, caused by visual distractions and obstructions;(b) Promote the aesthetic and environmental values of the community by provid-ing for signs that do not impair the attractiveness of the City as a place to live, work, and shop;(c) Provide for signs as an effective channel of communication, while ensuring that signs are aesthetically designed and proportioned in relation to adjacent structures and the structures to which they are attached; and(d) Safeguard and protect the public health, safety, and general welfare.Sec. 41-2051. Application of division.(a) The regulations of this division apply only to signs located in the Transit Zoning District. No person shall install or display any sign which does not comply with the standards set forth in this division, and no permit shall be issued for any such sign. The provisions of this section shall be applied in conjunction with Chapter 41, Article XI, � On-Premise Signs � of this code, provided however, in the event of a conflict between the provisions within this section and the remainder of the City of Santa Ana Sign Ordinance as outlined in Chapter 41, Article XI, � On-Premise Signs, � the provisions of this Division shall apply.(b) This article does not apply to the following sign and advertising displays: (1) Any billboard or other off-premise sign regulated by Article XII of the SAMC; (2) Any sign located in the public right-of-way and installed or maintained by the public works agency of the city of by any other public entity having legal authority to maintain signs. (3) Any sign located within a building or enclosed area and designed to be viewed primarily by persons inside of such building or enclosed area.Sec. 41-2052. General provisions and definitions(a) A planned sign program is required for all buildings with two (2) or more com- mercial tenants prior to the erection or installation of any sign (1) Sign permit application and planned sign program applications shall be submitted in a manner prescribed by Article XI of the SAMC. (2) In addition, a color and lettering board also shall be submitted with each application for a sign permit.(b) The following definitions shall apply:(1) Alley/Passage means a sign that is mounted to or painted on facades front-ing an alley or passage.(2) Awning means a pedestrian-oriented sign that is mounted on top of a hori-zontal awning parallel to the sidewalk.(3) Awning/Valence means a pedestrian-oriented sign that is applied directly to the awning’s valence either through fabric or other acceptable material/ paint.(4) Color and lettering board means an exhibit drawn to scale that shows the lettering style, colors to be used (by name, sample and/or stock number of local manufacturer), dimensions, lighting characteristics, layout, and con- tent of any proposed sign.(5) Freestanding means a pedestrian-oriented sign that is located within the front yard and projects or hangs from a post not to exceed 5 feet in height.(6) Marquee means a sign that projects from the façade to express a figural design and message to motorists and pedestrians.(7) Pole Sign means a sign supported by a single support the width of which is less than fifty (50) percent of the longest dimension of the sign.(8) Projecting means a pedestrian-oriented sign that is mounted near or at the sidewalk, perpendicular to the building so that the sign is viewed from the sidewalk.(9) Second story tenants means the distinct leasable space above the ground floor tenant space separated from others by floor to ceiling walls, and with a separate door or access point onto a street.(10) Wall sign means a sign that is mounted directly to or painted within the sign band, lintel or other allowed location on the shopfront so that the sign is viewed by both pedestrian and motorist.(11) Yard/Porch means a pedestrian-oriented sign that is attached to the porch and hangs or is otherwise suspended between columns supporting the porch roof. The porch sign is prominent within a bay created by the porch columns without obstructing view from inside the building or from the porch(c) Second story tenants are limited to window or projecting signs only. (d) Animated and moving signs and variable intensity, blinking or flashing signs, are only permitted when placed on a historic building and the sign corresponds to the historic character and architectural style of

ent within a bay created by the porch columns without obstructing view from inside the building or from the porch(c) Second story tenants are limited to window or projecting signs only. (d) Animated and moving signs and variable intensity, blinking or flashing signs, are only permitted when placed on a historic building and the sign corresponds to the historic character and architectural style of

the building.(e) In addition to the prohibited signs contained within Article XI, the following signs are also hereby prohibited: (1) A sign burned, cut , or otherwise marked on or affixed to a rock, tree, or other natural feature. (2) No sign is permitted for tenants above the second floor. (3) Cabinet signs. (4) A sign painted directly on a building, except for historically significant and alley/passage signs.Sec. 41-2053. Sign Standards. (a) I n Table 1, entitled Permitted Signs Types by Frontage, the allowed sign types are identified per the range of frontage types in the Transit Zoning Code, except residential buildings which do not include non-residential uses which shall be regulated as follows: (1) Residential buildings with four of less dwelling units are not allowed signs. (2) Residential buildings are permitted wall and yard/porch sign types if occu- pied by more than four dwelling units.(b) Number of signs: In Table 2 entitled Permitted Sign Placement establishes the number of signs allowed per building. Only one sign per storefront is permit- ted per elevation. Logos and identification symbols shall be considered signs and shall conform to all provisions of this division.(c) Sign area and height. The maximum sign area and height for each permitted sign type is established by Table 3 entitled Requirements by Sign Type. (d) Sign location requirments. Each sign shall be located in compliance with Table 2 entitled Requirements by Sign Type and the following requirements.(1) On-premise signs required. Each sign shall be located on the same site as the subject of the sign, except as otherwise allowed by this Article and at a minimum display the name of the business. (e)Sign setback requirements. Each sign shall comply with the building setback and encroachment requirements of the applicable zoning district, except for an approved freestanding sign, which shall be subject to the following setback standards: (1) Freestanding signs shall be set back a minimum of 4 feet from the front and street side property lines.(2) A freestanding sign shall be located only in a landscaped planter, with such planter not less than 4 feet in any direction from the edge of the planter to the sign. The planning manager may reduce the amount of required landscaping for freestanding signs on sites with legal nonconforming land-scaped setbacks. (3) No freestanding sign shall be located in the triangular area(s) measured 15 feet by 15 feet where a driveway enters onto a street, or in any other area which may obstruct the vision of motorists so as to create a safety hazard.(f) Placement on a building. No sign shall be placed so as to interfere with the operation of a door or window. Signs should not be located so that they cover prominent architectural features of the building, including, but not limited to, transoms, prismatic glass, insignias, or any other architectural ornamentation. TRANSIT ZONING CODE 2106 TRANSIT ZONING CODESPECIFIC DEVELOPMENT 84City of Santa Ana, California Supp. No. 6 Projecting SignProjecting SignWindow SignWindow SignProjecting SignYard/Porch SignMarquee SignWall-Mounted, Individual letter sign Wall-Mounted Sign with individual lettersMarquee Sign Freestanding Sign Wall-Mounted Neon Sign Table 1: Permitted Sign Types by Frontage Frontage TypeSign

ion. TRANSIT ZONING CODE 2106 TRANSIT ZONING CODESPECIFIC DEVELOPMENT 84City of Santa Ana, California Supp. No. 6 Projecting SignProjecting SignWindow SignWindow SignProjecting SignYard/Porch SignMarquee SignWall-Mounted, Individual letter sign Wall-Mounted Sign with individual lettersMarquee Sign Freestanding Sign Wall-Mounted Neon Sign Table 1: Permitted Sign Types by Frontage Frontage TypeSign

TypeFrontyard/PorchStoopForecourtShopfront Gallery ArcadeA. Yard/PorchYY--------B. FreestandingY---------C. Projecting--YYYYYD. Wall/MountedYYYYYY E. Awning----YY----F. Awning/ValenceYYYYYYG. Marquee----YYYYH. Alley/Passage---- Y YYY Y = Allowed -- = Not Allowed Above: Illustrative photos of allowed sign types 2107 TRANSIT ZONING CODESPECIFIC DEVELOPMENT 84City of Santa Ana, California Supp. No. 6 Division 5. On-Premise Signs Sec. 41-2054. Sign design. No sign permit shall be issued for a sign which does not comply with the following:(a) Color. (1) Colors on signs and structural members shall be harmonious with one another and relate to the dominant colors of the buildings on the site. Contrasting colors may be utilized if the overall effect of the sign is still compatible with building colors.(b) Design and construction.(1) Signs shall be consistent with the architectural design and proportions of the building it is attached to.(2) Signs shall be constructed of permanent materials and shall be perma-nently attached to the ground, a building, or another structure by direct attachment to a rigid wall, frame, or structure.(3) All signs and their supporting structures shall be so enclosed as to pro-vide against their infestation by birds and vermin.(4) Signs shall not contain exposed cabinets or raceways. (5)

is attached to.(2) Signs shall be constructed of permanent materials and shall be perma-nently attached to the ground, a building, or another structure by direct attachment to a rigid wall, frame, or structure.(3) All signs and their supporting structures shall be so enclosed as to pro-vide against their infestation by birds and vermin.(4) Signs shall not contain exposed cabinets or raceways. (5)

Each permanent sign shall be designed by a professional (e.g., archi-tect, building designer, landscape architect, interior designer, or others whose principal business is the design, manufacture, or sale of signs), or who are capable of producing professional results.(6) Each permanent sign shall be constructed by persons whose principal business is building construction or a related trade including sign manufacturing and installation, or others capable of producing profes- sional results. The intent is to ensure public safety, achieve signs of careful construction, neat and readable copy, and durability, to reduce maintenance costs and prevent dilapidation.(c) Materials and structure.(1) Sign materials (including framing and supports) shall be representa-tive of the type and scale of materials used on the site where the sign is located. Sign materials shall be consistent with those used on the buildings on the site and any other signs on the site.(2) No sign shall include reflective material. (3) Materials for permanent signs shall be durable and capable of with-standing weathering over the life of the sign with reasonable mainte- nance. Durable materials include but are not limited to the following: Wood, metal, acrylic or plexiglass and neon, and shall exclude foam, regardless of density.(4) The size of the structural members (e.g. columns, crossbeams, and braces) shall be proportional to the sign panel they are supporting.(5) Individual letters shall be incorporated into the building design, rather than a sign with background and framing other than the structure wall.(d) Street address. The review authority may require that a sign include the street address of the site, where it determines that public safety and emer- gency vehicle response would be more effectively served than if the street address were displayed solely on one or more buildings on the site.(e) Copy design guidelines. The City does not regulate the message content (copy) of signs; however, the following are principles of copy design and layout that can enhance the readability and attractiveness of signs. Copy design and layout consistent with these principles is encouraged, but not required.(1) Sign copy should relate only to the name and/or nature of the business or commercial center. (2) Permanent signs that advertise continuous sales, special prices, or include phone numbers, etc. should be avoided.(3) Information should be conveyed briefly or by logo, symbol, or other graphic manner. The intent should be to increase the readability of the sign and thereby enhance the identity of the business.(4) The area of letters or symbols should not exceed 50 percent of the back-ground area, unless otherwise stated in Table 5C. (f) Sign lighting. Sign lighting shall be designed to minimize light and glare on surrounding rights-of-way and properties.(1) External light sources shall be directed and shielded so that they do not produce glare off the site, on any object other than the sign. (2) Sign lighting shall not blink, flash, flutter, or change light intensity, brightness, or color.(3) Colored lights shall not be used at a location or in a manner so as to be confused or construed as traffic control devices.(4) Neither the direct nor reflected light from primary light sources shall create hazards for pedestrians or operators of motor vehicles.(5) For energy conservation, light sources shall be hard-wired fluorescent or compact fluorescent lamps, or other lighting technology that is of equal or greater energy efficiency. Incandescent lamps are prohibited except, when used in signs of historic character as part of the architectural design.Sec. 41-2055. Sign Maintenance(a) Each sign and supporting hardware, including temporary signs and awning signs, shall be maintained in good repair and functioning properly at all times. Any damage to a sign or its illumination, including the failure of illumination shall be repaired within a maximum of 14 days from the date of damage or failure.(b) A repair to a sign shall be of materials and design of equal or better quality as the original sign.(c) A sign that is not properly maintained and is dilapidated shall be deemed a public nuisance, and may be abated in compliance with the Santa Ana Municipal Code. (d) When an existing sign is removed or replaced, all brackets, poles, and other supports that are no longer required shall be removed and the surface it was attached to repaired and painted to match the building.Sec. 41-2056. Major development identification signs. Freestanding signs for developments occupying one acre or more may develop one additional freestanding sign with the following standards:(a) There shall be a minimum of one hundred (100) feet of separation between any freestanding

no longer required shall be removed and the surface it was attached to repaired and painted to match the building.Sec. 41-2056. Major development identification signs. Freestanding signs for developments occupying one acre or more may develop one additional freestanding sign with the following standards:(a) There shall be a minimum of one hundred (100) feet of separation between any freestanding

signs.(b) No freestanding sign structure shall exceed five (5) feet in height and forty (40) square feet in area. (c) The size of one (1) face of the sign shall not exceed ninety (90) per cent of the sign structure.(d) The copy area of the sign shall not exceed seventy-five (75) per cent of the face of the sign.(e) The sign copy shall be limited to the business name, address, and/or identification logo.(f) Style must be consistent with the architecture of the main building and compatible with the surrounding historical structures.(g) Pole signs are not permitted.Sec. 41-2057. Preservation of existing historic signs.(a) Historically significant painted wall signs shall be retained or recreated when possible.(b) Mounted signs announcing the name of a business no longer in exis-tence at the sign's location and having historical significance may be salvaged and relocated.(c) All architectural signage in place on the building announcing the original or historic name of the building, year of construction or insignias shall remain in place and shall not be removed, altered or covered under any circumstances.(d) Historic signage shall not be calculated as part of the overall signage permitted pursuant to this division.Sec. 41-2058. Building identification sign. Building identification signs shall comply with the following standards:(a) There shall be no specific size requirements, but building identification signs shall be sized proportionately to the building being identified and to the sign area in which it is located. TRANSIT ZONING CODE 2108 TRANSIT ZONING CODESPECIFIC DEVELOPMENT 84City of Santa Ana, California Supp. No. 6 (b) Building identification signs may contain the name of a building or describe its function but may not identify any individual tenant of the building or any products sold.(c) Building identification signs shall not be lit. (d) Building identification signs may be made of nonilluminated individual letters applied to the building face, may be engraved into the building's material, or may be low-relief.Sec. 41-2059. Building directory sign. A directory sign identifying businesses above the ground level shall comply with the following standard:(a) Must be located at the ground level and adjacent to the entry point for the upper levels.(b) No more than one (1) directory sign per ground level entrance. (c) The area of the directory sign shall not exceed six (6) square feet. (d) The directory sign may only identify the names of businesses above the ground level.(e) Letter height shall not exceed two (2) inches.Sec. 412060. Service entry wall sign.(a) Must be located adjacent to the ground level service entrance. (b) No more than one (1) service entry wall sign per business. (c) The area of the service entry sign shall not exceed four (4) square feet. (d) The service entry sign cannot face a public street.Sec. 41-2061. Special sale signs. Temporary signs announcing special sales in shall comply with the following standards:(a) This type of sign is only allowed the downtown zone. (b) No more than two (2) temporary signs per business are permitted. (c) Each sign shall not exceed three (3) square feet individually, nor more than six (6) square feet collectively. (d) Such signs must be confined to lower corners of windows.(e) Such signs may be posted for no more than fourteen (14) days during any ninety-day period.Sec. 41-2062. Credit card and trading stamp signs.

town zone. (b) No more than two (2) temporary signs per business are permitted. (c) Each sign shall not exceed three (3) square feet individually, nor more than six (6) square feet collectively. (d) Such signs must be confined to lower corners of windows.(e) Such signs may be posted for no more than fourteen (14) days during any ninety-day period.Sec. 41-2062. Credit card and trading stamp signs.

Signs announcing credit card acceptance shall comply with the following stan-dards:(1) No more than three (3) such signs are allowed for each business.(2) Such signs shall not exceed one (1) square foot individually nor three (3) square feet collectively.(3) Such signs are permitted only in ground level windows.Sec. 412063. Construction Signs. Signs pertaining to construction activity shall comply with the following standards:(1) The sign face shall not exceed sixteen (16) square feet in size.(2) The signs shall not be placed more than eight (8) feet in height when freestanding or attached to a fence and shall not be placed above the first floor when affixed to a building wall.(3) Signs must be removed within thirty (30) days after issuance of an occu-pancy permit for the building. Sec 41-2064. Window Signs Signs painted directly on the window surface, including showcase and glass-paned doors, shall comply with the following standards:(a) Letters shall not exceed nine (9) inches in height or cover more than twenty-five (25) percent of a window area and shall not exceed a maxi- mum size of twenty (20) square feet.(b) Window signage is limited to no more than one (1) window area, includ-ing street facing windows and windows in entry doors, except that businesses with street frontages between seventy-six (76) and one hundred and fifty (150) feet can have one (1)

(9) inches in height or cover more than twenty-five (25) percent of a window area and shall not exceed a maxi- mum size of twenty (20) square feet.(b) Window signage is limited to no more than one (1) window area, includ-ing street facing windows and windows in entry doors, except that businesses with street frontages between seventy-six (76) and one hundred and fifty (150) feet can have one (1)

additional window sign and that businesses with street frontages over one hundred and fifty (150) feet can have one additional window sign.(c) Window signage is allowed for ground floor and second floor tenants only, with windows facing street frontage.(d) Prismatic glass or glass block, including glass transoms, may not have a sign applied to it. Signs on transoms immediately over entry doors and contained within the door frame are allowed and shall not exceed twenty-five (25) percent of the window area.(e) For windows above the first floor, window signs shall consist of individu-ally painted letters, gold leaf letters or neon as specified below.(f) Any vacuum tube sign lit by neon gas shall comply with the following standards:(1) Letters shall not exceed nine (9) inches in height and sign area is limited to four (4) square feet.(2) Any letter style is permitted as long as letters are continuous. Painted-out spaces between letters are not permitted. (3) Neon bands may be used only to frame the sign but must be con-tained within the allowable sign area. 2109 TRANSIT ZONING CODESPECIFIC DEVELOPMENT 84City of Santa Ana, California Supp. No. 6 Division 5. On-Premise Signs The diagrams below identify the allowed sign types and requirements by the various conditions of front- age, as allowed by the zone in which the parcel is located. Building Allowed sign location subject to Table 5C Y Allowed -- Not Allowed KEY FRONTYARD/PORCH FRONTAGESTOOP FRONTAGEFORECOURT FRONTAGE 1. PLACEMENT REQUIREMENTSSign Type Allowed(A) YARD/PORCH Y(B) FREESTANDING Y(C) PROJECTING -- (D) WALL/MOUNTED Y (E) AWNING --(F) AWNING/VALENCE Y(G) MARQUEE -- (H) ALLEY/PASSAGE -- 1. PLACEMENT REQUIREMENTSSign Type Allowed(A) YARD/PORCH Y(B) FREESTANDING --(C) PROJECTING Y (D) WALL/MOUNTED Y (E) AWNING -- (F) AWNING/VALENCE Y (G) MARQUEE -- (H) ALLEY/PASSAGE -- 1. PLACEMENT REQUIREMENTSSign Type Allowed(A) YARD/PORCH --(B) FREESTANDING --(C) PROJECTING Y (D) WALL/MOUNTED Y (E) AWNING Y(F) AWNING/VALENCE Y(G) MARQUEE Y (H) ALLEY/PASSAGE Y Illustrative Photo: Projecting Sign and Window Sign shownIllustrative Photo: Projecting Sign shownIllustrative Photo: Yard/Porch Sign shown A,C,D,F D A, F B D A B Illustrative Plan Diagram: Allowed PlacementIllustrative Plan Diagram: Allowed Placement C,D,E,F G G H ALLEY/PASSAGE Illustrative Plan Diagram: Allowed PlacementIllustrative Section Diagram: Allowed PlacementIllustrative Section Diagram: Allowed PlacementIllustrative Section Diagram: Allowed PlacementNote: Corner Lots are allowed for one the fol-lowing signs: D, or FNote: Corner Lots are allowed one for the fol-lowing signs: C , D, or FNote: Corner Lots are allowed for the following signs: C , D, and E or FSubject to the requirements in Table 5cSubject to the requirements in Table 5cSubject to the requirements in Table 5c A D C G C E,F C E,F D D G D D F F TRANSIT ZONING CODE 2110 TRANSIT ZONING CODESPECIFIC DEVELOPMENT 84City of Santa Ana, California Supp. No. 6 SHOPFRONT FRONTAGEGALLERY FRONTAGEARCADE FRONTAGE 1. PLACEMENT REQUIREMENTSSign Type Allowed(A) YARD/PORCH --(B) FREESTANDING -- (C)

E or FSubject to the requirements in Table 5cSubject to the requirements in Table 5cSubject to the requirements in Table 5c A D C G C E,F C E,F D D G D D F F TRANSIT ZONING CODE 2110 TRANSIT ZONING CODESPECIFIC DEVELOPMENT 84City of Santa Ana, California Supp. No. 6 SHOPFRONT FRONTAGEGALLERY FRONTAGEARCADE FRONTAGE 1. PLACEMENT REQUIREMENTSSign Type Allowed(A) YARD/PORCH --(B) FREESTANDING -- (C)

PROJECTING Y (D) WALL/MOUNTED Y (E) AWNING Y (F) AWNING/VALENCE Y (G) MARQUEE Y (H) ALLEY/PASSAGE Y 1. PLACEMENT REQUIREMENTSSign Type Allowed(A) YARD/PORCH -- (B) FREESTANDING -- (C) PROJECTING Y (D) WALL/MOUNTED Y (E) AWNING -- (F) AWNING/VALENCE Y (G) MARQUEE Y (H) ALLEY/PASSAGE Y 1. PLACEMENT REQUIREMENTSSign Type Allowed(A) YARD/PORCH -- (B) FREESTANDING -- (C) PROJECTING Y (D) WALL/MOUNTED Y (E) AWNING -- (F) AWNING/VALENCE Y (G) MARQUEE Y (H) ALLEY/PASSAGE Y Illustrative Photo: Projecting Sign ShownIllustrative Photo: Projecting Sign ShownIllustrative Photo: Projecting Sign Shown Illustrative Section Diagram: Allowed Placement C F D G C D G F G C,D,E,F ALLEY/PASSAGE H C,D,G ALLEY/PASSAGE H C,D,G ALLEY/PASSAGE H Illustrative Plan Diagram: Allowed PlacementIllustrative Plan Diagram: Allowed PlacementIllustrative Plan Diagram: Allowed PlacementIllustrative Section Diagram: Allowed PlacementIllustrative Section Diagram: Allowed PlacementNote: Corner Lots are allowed for the following signs: C , D, and E or FNote: Corner Lots are allowed for the following signs: C , D, FNote: Corner Lots are allowed for the following signs: C , D, FSubject to the requirements in Table 5cSubject to the requirements

ustrative Plan Diagram: Allowed PlacementIllustrative Section Diagram: Allowed PlacementIllustrative Section Diagram: Allowed PlacementNote: Corner Lots are allowed for the following signs: C , D, and E or FNote: Corner Lots are allowed for the following signs: C , D, FNote: Corner Lots are allowed for the following signs: C , D, FSubject to the requirements in Table 5cSubject to the requirements

in Table 5cSubject to the requirements in Table 5c C E D G F F F 2111 TRANSIT ZONING CODESPECIFIC DEVELOPMENT 84City of Santa Ana, California Supp. No. 6 Division 5. On-Premise SignsThe following diagrams illustrate the key characteristics and requirements for the allowed sign types in the Plan area. YARD/ PORCH A 2 4 1 Yard/porch: A pedestrian-oriented sign that is attached to the porch and hangs or is otherwise sus-pended between columns supporting the porch roof. The sign is prominent within a bay created by the porch columns without obstructing view from inside the building or from the porch. FREESTANDING B 5 2 6 8 4 1 Freestanding: A pedestrian-oriented sign that is locat-ed within the front yard and projects or hangs from a post not to exceed 5 feet in height. AWNING (TOP-MOUNTED) E 1 7 2 4 8 Awning (top mounted): A pedestrian-oriented sign that is mounted on top of a horizontal awning parallel to the sidewalk. AWNING/ VALENCE F 1 2 4 8 3Awning/valence: A pedestrian-oriented sign that is applied directly to the awning’s valence either through fabric or other acceptable material/paint. TRANSIT ZONING CODE 2112 TRANSIT ZONING CODESPECIFIC DEVELOPMENT 84City of Santa Ana, CaliforniaSupp. No. 6 PROJECTING C 1 2 4 `10 1 2 4 8Projecting: A pedestrian-oriented sign that is mount-ed near or at the sidewalk, perpendicular to the build-ing so that the sign is viewed from the sidewalk. WALL-MOUNTED D 1 2 3 3 B B u u s s i i i i i i i n n n n n n n n e e e e e e e e e s s s s S S i i g g n n B B u u s s i i n n e e e e e e e e s s s s s s s s s s s s s s s s s s s S S i i g g n n Wall: A sign that is mounted directly to or painted within the sign band, lintel or other allowed location on the shopfront so that the sign is viewed by both pedestrian and motorist. ALLEY / PASSAGE H 1 2 4Alley/Passage: A sign that is mounted to or painted on facades fronting an alley or passage. MARQUEE G 1 4 9 3 11 10Marquee: A sign that projects from the façade to express a figural design and message to motorists and pedestrians. 1 2 3 4 5 6 7 8 9 10 11TABLE 3REQUIREMENTS BY SIGN

TYPEKEYYard/PorchYard/PorchFreestandingProjectingWallAwning/ValenceAwningMarqueeAlley/Passage Sign Face WidthSign Face HeightSign Copy AreaClear from SidewalkClear from

GradeSpaceFeature/LogoDistance from Sidewalk or Curb ThicknessExtension above rooflineAlignmentSigns Per Building36” max24” max5 sq. ft. per side (2 sides)8 sq. ft. per side (2 sides)5 sq. ft. per side (2 sides)--max 20% of ‘3’----1 max36” max24” max12’ min5’ max12” maxmax 20% of ‘3’44’ min from sidewalk36” max36” max36” max1 max48” max16” max--max 20% of ‘3’within ‘2’ of curb36” max36” max36” max75% width of storefront18” min–36” max24” max, up to 1 sq. ft. per linear ft. of store frontage24” max, up to 1 sq. ft. per linear ft. of store frontage--max 20% of ‘3’----1 per bupsiness with a stroefront1 per bupsiness with a stroefront20’ max36” max8’ min-8’ min8’ min--max 6 sq. ft.36” max36” max36” max36” max1 per awning1 per awning36” max18” max8’ minMax 50% of � 1 � Max 75% of � 1 � Max 75% of � 1 � --max 50% of ‘1’36” max36” max36” max36” max20’ max12’ min---max 75% of ‘1-24” max10’

maxmay align with corner or be placed anywhere on wall1 max200’ max50’ max3’ min-Murals Allowed36” max36” max0[3]--2 max for buiding with frontage along alley or passage A B C D E F G H Key--Standard not applicable[1] within storefront bay; [2] to within 2’ of curb [3] May encroach up to 6 inches, when the bottom of the sign is at least 18 feet above the curb 2113 TRANSIT ZONING CODESPECIFIC DEVELOPMENT 84City of Santa Ana, California Supp. No. 6 Division 6. Reserved Division 6. ReservedSecs. 41–2065—41–2079. Reserved. 2115 TRANSIT ZONING CODESPECIFIC DEVELOPMENT 84City of Santa Ana, California Supp. No. 32Division 7. Definitions Division 7. DefinitionsSec. 41-2080 - Definitions (a) The words and phrases, shall be construed as defined in this Article, unless from the context a different meaning is intended or unless a different meaningis specifically defined and more particularly directed to the use of such words orphrases. The words used in the present tense include the future tense, and words in the singular number include the plural number. If any of the definitions in this section conflict with definitions in Chapter 41 of the Santa Ana Municipal Code(SAMC), these definitions shall control for the purposes of this Article. If any term herein is not defined by this subsection, the definitions contained

orphrases. The words used in the present tense include the future tense, and words in the singular number include the plural number. If any of the definitions in this section conflict with definitions in Chapter 41 of the Santa Ana Municipal Code(SAMC), these definitions shall control for the purposes of this Article. If any term herein is not defined by this subsection, the definitions contained

within Division2 (Definitions) of Article I of Chapter 41 of the SAMC shall apply. (1) Access (Direct): The physical pedestrian entrance to a unit that is provided directly from the street or courtyard. Also described as walk-up access. (2) Access (Point): The physical pedestrian entrance to a unit that is provided through a common space, such as a lobby or corridor that connects directly to thestreet or courtyard. Also described as non-walk-up access. (3) Accessory Structure: An accessory structure or building is a detached building or structure, or part of a building or structure, which is incidental or subordinateto the main building, structure or use on the same lot or parcel of land, without cooking facilities (e.g., storage shed, garage, gazebo), and is used exclusively by the occupant of the main building. (4) Alley: An alley is any public or private thoroughfare for the use of pedestrians or vehicles, not less than ten (10) feet nor more than thirty (30) feet in width, and is intended for service and only a secondary means of access to abutting properties. (5) Arcade: see � Frontage Types’ (6) Artisan/craft product - limited on-site production: A specialized commercial facility with a retail-facing operation open to the public. Products are typicallymade by hand or with a restricted level of automation demonstrating an artisticskill. On-site production of artisan/craft product activities include design, produc-tion, processing, printing, assembly, treatment, testing, repair, and packaging, as well as any incidental storage. Typical artisan/craft products include, but are notlimited to, electronics, food products, furniture-making, beverages, leather prod-ucts, clocks and watches, jewelry, clothing/apparel, metal work, furniture and finewoodworking, glass, ceramics, paper and paper products, soaps, perfumes, andlotions, together with ancillary training and/or educational program activities. (7) Attic: The area found directly below the roof of a building and the ceiling of the top floor. The attic shall be an uninhabitable area. (8) Automobile repair: Automobile repair is the repair of motor vehicles, including the repair or replacement of engines and transmissions, body and fender repair,and the installation of nonfactory installed products except those permissible through automobile servicing as defined herein. (9) Automobile service or automobile servicing: Automobile service or automobile servicing is the servicing and minor repair of motor vehicles, including the replace-ment of belts, hoses, batteries, tires, shock absorbers, oil and air filters, chassislubrication, air conditioning servicing, wheel alignments, replacement of brakepads, and engine tune-ups. (10) Bank, financial institution: An establishment for the custody, loan, exchange or issue of money, for the extension of credit, and for facilitating the transmission of funds. Excludes check cashers as defined by California Civil Code section 1789.31. (11) Basement: That portion of a building between floor and ceiling which is either totally or partly below grade and in compliance with the definition of base-ment established in the California Building Code (CBC). (12) Block: An area of land within a subdivision which area is entirely bounded by streets, highways or ways, excepts alley and the exterior boundary of the subdivi- sion. (13) Building Height: The vertical extent of a building measured in

and ceiling which is either totally or partly below grade and in compliance with the definition of base-ment established in the California Building Code (CBC). (12) Block: An area of land within a subdivision which area is entirely bounded by streets, highways or ways, excepts alley and the exterior boundary of the subdivi- sion. (13) Building Height: The vertical extent of a building measured in

stories to the eave of the highest story, not including a basement or an attic. Height limits do not apply to masts, belfries, clock towers, steeples, equipment screening, chimney flues, and similar structures. Building height shall be measured from the average grade of the fronting thoroughfare curb level. (14) Building Placement: The maximum horizontal envelope available for placing a building on a lot. (15) Building Type: A structure defined by the combination of configuration and placement. The building types used in this Article are listed below: a. Bungalow Court: A configuration of freestanding single units arranged around a common, shared courtyard that is wholly open to the street. The individ- ual buildings are arranged next to each other to form the bungalow court building type. b. Courtyard Housing: A building type consisting of residences that can be arranged in four possible configurations: townhouses, townhouses over flats, flats, and flats over flats. The structures are arranged next to each other, on one or more courts that are partly or wholly open to the street. c. Duplex, Triplex, and Quadplex: Multiple dwelling forms that are architectur -ally presented as large single-family houses in their typical neighborhood setting. d. Flex Block: A building generally of a single massing element, designed for occupancy by retail, service, or office uses on the

ures are arranged next to each other, on one or more courts that are partly or wholly open to the street. c. Duplex, Triplex, and Quadplex: Multiple dwelling forms that are architectur -ally presented as large single-family houses in their typical neighborhood setting. d. Flex Block: A building generally of a single massing element, designed for occupancy by retail, service, or office uses on the

ground floor, with upper floors also configured for those uses or for residences. e. House: A structure occupied by a single household that also accommodates commercial and office uses as allowed. f. Hybrid Court: A building that combines the point-access portion of the stacked dwelling building type (doubleloaded corridor element) with the walk-up portion of the courtyard housing building type. g. Lined Block: A building that conceals a public garage or other faceless building that is designed for occupancy by retail, service, or office uses on the ground floor, with upper floors also configured for those uses or for residences. h. Live/Work: An integrated residence and working space, occupied and utilized by a single household in an arrangement of at least 3 such structures or 1 multiple structure with a least 3 units arranged side by side along the primary frontage, that has been designed or structurally modified to accommodate joint residential occupancy and work activity. i. Rowhouse: An individual structure on a parcel with a private rear yard and individual garage accessed from an alley. Such structure shall be developed in an arrangement of at least 3 such structures along the primary frontage. Or, a structure of at least 3 attached townhouse unit types arranged side by side with a private rear yard and individual garage accessed from an alley along the primary frontage. j. Stacked Dwellings: A building of single-floor or multifloor residences of similar configuration either above or below that are stacked. k. Tower-on-Podium: A multi-level building organized around a central core with the first two to five floors expressed as a podium building. l. Tuck-Under Housing: An individual structure on a parcel with no rear yard, where its garage is tucked under the rear of the house and accessed from an alley. Such structure shall be developed with at least four such individual structures, or a structure of at least four attached townhouse units types arranged side by side along the primary frontage. (16) Bungalow Court: See � Building Types’ (17) Business support service: a commercial establishment that provides ser -vices to other businesses including maintenance, repair and service, testing, rental, etc. including the following examples: a. Computer-related services (rental/repair) b. Copying and quick printing services c. Film processing and photofinishing (retail) d. Graphic design services e. Mailing and mail box services f. Security systems services (18) Clinic, Urgent Care: A facility other than a hospital where medical, mental health, surgical or other personal health services are provided on an outpatient basis, including incidental medical laboratories. Examples of these uses include: a. Medical offices with five or more licensed practitioners or medical special -ties b. Outpatient care facilities, urgent care facilities. c. Counseling services by other than medical doctors or psychiatrists are included under � Offices - Professional/Administrative. � TRANSIT ZONING CODE 2116 TRANSIT ZONING CODESPECIFIC DEVELOPMENT 84City of Santa Ana, California Supp. No. 32 2117 TRANSIT ZONING CODESPECIFIC DEVELOPMENT 84City of Santa Ana, California Supp. No. 32Division 7. Definitions s. Small wares t. Specialty shops u. Sporting goods and equipment v. Stationery w. Toys and games x. Variety stores y. Videos, DVDs, records, CDs, including rental stores General retail does not include the following: a. Adult business as defined in section 41-1701.6 of the SAMC, antique or collectible stores, furniture, furnishings and appliance stores, medical marijuana dispensaries or second-hand stores. b. Sheet metal shops, body-fender works, automobile paint shops, repair garages, and any activity which includes the processing, treatment, manufacturing, assembling or compounding of any product, other than that which is clearly and traditionally incidental and essential to a particular retail activity. c. Any use which is more specifically identified as a permitted use or as a use which may be permitted subject to the issuance of a conditional use permit or land use certificate in one or more use districts pursuant to this code. (37) Ground Floor/ Footprint: The area resulting from the application of building placement and open space requirements and as further articulated by particular building design. In calculating the area, only the conditioned floor space shall becounted for purposes of calculating allowable upper floor area, the area occupied by zaguans shall be counted as � ground floor/footprint. � (38) Ground Floor Residential: Dwellings with their primary entrance and habit -able space at grade. (39) Health and Fitness: A commercial

urther articulated by particular building design. In calculating the area, only the conditioned floor space shall becounted for purposes of calculating allowable upper floor area, the area occupied by zaguans shall be counted as � ground floor/footprint. � (38) Ground Floor Residential: Dwellings with their primary entrance and habit -able space at grade. (39) Health and Fitness: A commercial

establishment providing facilities for aerobic exercises, running and jogging, exercise equipment, game courts, swim-ming facilities, and saunas, showers and lockers. Health and fitness facilities may also provide for instruction programs and classes, such as martial arts, yoga wherelockers and showers are provided. (40) Hotel (land use): A facility offering lodging accommodations, as defined and regulated by the SAMC, to the general public and which may include additional facilities and services, such as restaurants, meeting rooms, entertainment, personal services and recreational facilities. (41) House: See � Building Types’ (42) House Scale: Multi-family building form that is derivative of and compatible with surrounding single-family houses and that can be applied in 1 to 4 direct-access assemblies of units to form larger buildings from duplex up to and including Courtyard Housing. (43) Hybrid Court: See � Building Types’ (44) Laboratory- medical-analytical: A place equipped for experimentation or observation in a field of study, or devoted to the application of scientific principles in testing and analysis. Quantities of biological or hazardous materials used in situ, shall be limited to those quantities established by the fire department (45) Lined Block: See � Building Types’ (46) Live/Work: See � Building Types’ (47) Lot Width: The frontage of a parcel which is used to identify the parcel for street address purposes. (48) Media production: An establishment dedicated to the production of visual and audio mass media, including television, films, videos, video games, mobile devices, internet and digital interactive media, but excludes magazines, newspa-pers, and periodicals. (49) Mixed-Use Building: A structure lawfully containing residential and nonresidential uses. (50) Multi-Family Building: A residential structure lawfully containing two or more dwelling units. (51) Net Developable Area: The private area defined by blocks which is not to remain for public uses such as Plazas, Greens, Squares, Thoroughfares orStreetscapes. (52) Nonconforming Industrial Use: A nonconforming use as defined in Section 41-126 of the SAMC that was established on any parcel or within any building locat- ed within the boundaries of SD-84 established by this Article that is listed in the uses permitted or uses permitted subject to a conditional use permit of Division 18.M-1 (Light Industrial) or Division 19. M-2 (Heavy Industrial) of this Chapterbut that are no longer permissible through amendment to this Article. The terms � nonconforming use � and � legal nonconforming use � have the same meaning in the implementation of this Article. (53) Noxious Use: A nonconforming industrial use that is located within one thousand (1,000) linear feet of a public park, school (K-12) as defined by Section 11362.768 of the Health and Safety Code, or property used or zoned for residentialpurposes whose primary business operations involve any two (2) or more of the following: a. Emitting, generating, or discharging of particulate materials; exhausting emissions; or handling, storing, emitting or discharging regulated compounds, hazardous materials, chemicals, or substances; b. Operations that are regulated by and require a permit from a federal, state, or regional agency; c. Storing, processing, or disposing of listed or hazardous waste; or d. Operations that are not contained within a fully enclosed building. (54) Office: These do not include medical offices (see Clinic, Urgent Care, � and � Doctor, dentist, chiropractor, etc. office. � ) a. Service. Establishments providing direct services to consumers. Examples of these uses include employment agencies, insurance agent offices, real estate offices, travel agencies, utility company offices, elected official satellite offices, etc. This use does not include � Bank, Financial Services, � which is separately defined. b. Administrative. Office-type facilities characterized by high employee densi -ties, and occupied by businesses engaged in information processing, and other computer-dependent or telecommunications-based activities. Examples of these uses include: 1. airline, lodging chain, and rental car company reservation centers, not including retail travel agencies 2. computer software and hardware design and development 3. consumer credit reporting 4. data processing services 5. health management organization (HMO) offices where no medical ser -vices are provided 6. insurance claim processing 7. mail order and electronic commerce transaction processing 8. telecommunications facility design and management 9. telemarketing c. Professional. Officetype facilities occupied by businesses that provide professional services, or are engaged in the production

rocessing services 5. health management organization (HMO) offices where no medical ser -vices are provided 6. insurance claim processing 7. mail order and electronic commerce transaction processing 8. telecommunications facility design and management 9. telemarketing c. Professional. Officetype facilities occupied by businesses that provide professional services, or are engaged in the production

of intellectual property. Examples of these uses include: 1. accounting, auditing and bookkeeping services 2. advertising agencies 3. attorneys 4. business associations, chambers of commerce 5. commercial art and design services 6. construction contractors (office facilities only) 7. counseling services 8. court reporting services 9. detective agencies and similar services 10.design services including architecture, engineering, landscape architec -ture, urban planning 11.educational, scientific and research organizations 12.financial management and investment counseling TRANSIT ZONING CODE 2118 TRANSIT ZONING CODESPECIFIC DEVELOPMENT 84City of Santa Ana, California Supp. No. 32 2119 TRANSIT ZONING CODESPECIFIC DEVELOPMENT 84City of Santa Ana, California Supp. No. 32Division 7. Definitions (83) Transition Line: A horizontal line, the full width of a facade expressed by a material change or by a continuous horizontal articulation such as a cornice or a balcony. (84) Tuck-under Housing: See � Building

Types’ (85) Zaguan: A covered pedestrian passage between courts of one to two rooms in depth and one story in height. � [The next page is 2151] TRANSIT ZONING CODE 2120 TRANSIT ZONING CODESPECIFIC DEVELOPMENT 84City of Santa Ana, California Supp. No. 32

ARTICLE XX. - SMALL LOT SUBDIVISIONS, URBAN LOT SPLITS, AND TWO-UNIT PROJECTS DIVISION 1. - SMALL LOT SUBDIVISIONS

The purpose of this article is to establish a reasonable and uniform regulatory framework for the subdivision of land into small lots. Small lot subdivisions are intended to provide an alternative to the traditional singlefamily subdivision, increasing options for fee-simple home ownership opportunities.

(Ord. No. NS-2937, § 3, 1-16-18; Ord. No. NS-3013, § 3, 12-21-21)

Sec. 41-2101. - Definitions.

Unless the particular provision or the context otherwise requires, the definitions and provisions contained in this section shall govern the construction, meaning, and application of words and phrases used in this article:

(a)

"Development site" shall mean the total land area of a small lot subdivision project after all required dedications for public improvements.

(b)

"Drive aisle" shall mean the paved area which has been designated as a vehicle passageway to provide access to a small lot.

(c)

"Driveway" shall mean the paved area which has been designated to provide access to a dwelling or livework unit's required parking, starting at a public street or alley, or at the ultimate right-of-way of a common access drive aisle that serves the lot, leading to a garage or uncovered parking space.

(d)

"Interior lot line" shall mean all lot lines created within the development site for the purpose of subdividing and creating small lots.

(e)

"Small lot" shall mean a parcel of land created through a small lot subdivision for the purpose of developing it with a single-family residence or live-work unit.

(f)

"Small lot subdivision" shall mean a residential development containing detached single-family residences or live-work units on land that is subdivided into fee simple parcels containing each unit.

(Ord. No. NS-2937, § 3, 1-16-18; Ord. No. NS-3013, § 3, 12-21-21)

Sec. 41-2102. - Applicability.

The subdivision of small lots is permitted subject to compliance with the following standards:

(a)

Eligibility. Small lot subdivisions are permitted in the following districts:

(1)

In any sub-zone within Specific Development No. 84 (Transit Zoning Code), Specific Plan No. 2 (Harbor Mixed Use Transit Corridor Specific Plan), and Metro East Mixed Use Overlay Zone (OZ-1) where singlefamily and live-work uses are allowed.

(2)

Small lot subdivisions may be permitted through the establishment of a specific development district that is established in accordance with the provisions of Division 26 of Article III of this Code.

(b)

Small Lot Frontage and Access.

(1)

Each individual small lot containing a dwelling or live-work unit shall have frontage on a public street or alley, or be provided with direct access to a public street or alley by an easement for access through the recorded subdivision map.

(2)

Small lots are exempt from frontage requirements set forth in Section 34-56 of this Code.

(3)

Areas within the small lot subdivision identified as points of shared access, walkways, drive aisles shall not be restricted by the construction of fences or walls, or other such barriers.

(c)

Minimum Lot Size.

(1)

Each small lot containing a dwelling unit shall have at minimum one thousand (1,000) square feet of lot area.

(2)

The calculation for minimum lot size shall not include any portion of the small lot that is designated or used as shared space.

(d)

Lot Coverage. No more than seventy (70) percent of the small lot shall be covered by structures.

(e)

Required Yards.

(1)

The front, side, and rear yard building setback requirements of the underlying zone, specific plan, or overlay shall apply to the required yards of the development site.

(2)

No minimum separation between buildings shall be required along interior lot lines created within an approved subdivision.

(3)

Buildings on small lots that are placed in such a manner that they abut common open space or the private open space of an adjacent lot shall be set back a minimum of five (5) feet and provide an appropriate stepback to preserve privacy and reduce the massing of multi-story buildings.

(f)

Open Space.

(1)

Individual small lots shall provide, at minimum, three hundred (300) square feet of private open space per dwelling unit as follows:

a.

Private open space shall have a minimum dimension of fifteen (15) feet in each direction.

b.

Private open space may be provided on the rooftop of dwelling units provided building massing and architectural features serve to screen the open space from neighboring properties that are not part of a small lot subdivision development site and that are used or zoned for single-family residential.

(2)

In addition to the private open space requirement of subsection (1), small lot subdivisions of ten (10) or more lots shall provide accessible common open space in the amount not less than five (5) percent of the total development size, but shall in no case be less than one hundred (100) square feet per unit.

(g)

Landscaping. All required yards and areas not designated for walkways, parking, drive aisles, or private open space, shall be landscaped and irrigated in accordance with an approved landscape plan.

(h)

Driveway Length.

(1)

A driveway that leads directly to a garage shall have a minimum length of twenty (20) feet if parking will be located in front of the garage.

(2)

No driveway shall be more than three (3) feet in length if parking is not provided in front of the garage.

(i)

Service Standards. Developments providing individual trash containers shall provide an area that is screened outside of required setbacks and yards for container storage. Individual trash containers located in a garage shall not encroach into the required parking area.

(j)

Maintenance Agreement.

(1)

All areas of a small lot subdivision with five (5) or more parcels subject to a reciprocal access and/or maintenance easement shall be maintained by an association that may be incorporated or unincorporated.

(2)

Small lot subdivisions with four (4) or less parcels subject to a reciprocal access and/or maintenance easement may execute a maintenance agreement in lieu of requiring an association.

(3)

A Maintenance Agreement shall be formed, composed of and executed by all property owners, to maintain all common areas and appurtenances such as trees, landscaping, water treatment facilities, trash, parking, driveways, drive aisles, walkways, private water lines, meters, etc. Each owner and future property owners shall automatically become members of the agreement and shall be subject to a proportionate share of the maintenance and related costs. The Maintenance Agreement shall be recorded as a Covenant and Agreement to run with the land. The subdivider shall submit a copy of this Agreement, once recorded, to the Planning Division for placement in the tract file.

(k)

Construction. Each unit in a small lot subdivision shall be constructed on an individual parcel with no common foundation, walls or footings.

(l)

Paving. No asphalt shall be permitted for paved areas. Driveways, drive aisles, and unenclosed parking areas shall consist of decorative concrete, pavers, or other materials as deemed appropriate by the Planning Manager.

(m)

Mechanical Equipment. Roof mounted equipment is prohibited unless completely screened from public rights-of-way and adjacent properties.

(Ord. No. NS-2937, § 3, 1-16-18; Ord. No. NS-3013, § 3, 12-21-21)

Sec. 41-2103. - Modification of standards.

Development standards applied to small lot subdivisions pursuant to section 41-2102 may be modified by an application for a minor exception, which shall be heard by the zoning administrator pursuant to Article V of this chapter, in order to achieve a good project design, privacy, livability, and compatibility with surrounding uses. The decision of the zoning administrator on such applications may be appealed to the Planning Commission pursuant to Article V of this chapter.

(Ord. No. NS-2937, § 3, 1-16-18; Ord. No. NS-3013, § 3, 12-21-21)

Sec. 41-2104. - Applicability to other regulations.

The provisions of this article are not intended to provide exclusive regulation of the development of small lots. Small lots must comply with any and all applicable regulations imposed in other articles of the zoning code, other city ordinances, and state and federal law. Should a conflict exist between the provisions of this article and the provisions of other articles of this Code, the provisions of this article shall prevail.

(Ord. No. NS-2937, § 3, 1-16-18; Ord. No. NS-3013, § 3, 12-21-21)

DIVISION 2. - SB 9 URBAN LOT SPLITS

The purpose of this division is to allow and appropriately regulate urban lot splits in accordance with Government Code section 66411.7 and to meet the intent and objective of the State Legislature to ensure access to affordable housing opportunities as declared by the State Legislature under SB 9 Law.

(Ord. No. NS-3013, § 4, 12-21-21)

Sec. 41-2106. - Definitions.

(a)

"Individual property owner(s)" means a natural person holding fee title individually or jointly in the person's own name or a beneficiary of a trust that holds fee title. "Individual property owner" does not include any corporation or corporate person of any kind (partnership, LP, LLC, C Corp, S Corp, etc.) except for a community land trust (as defined by Rev. & Tax Code § 402.1(a)(11)(C)(ii)) or a qualified nonprofit corporation (as defined by § 214.15).

(b)

"Urban lot split" means the subdivision of an existing, legally subdivided lot into two (2) lots in accordance with the requirements of this division.

(Ord. No. NS-3013, § 4, 12-21-21)

Sec. 41-2107. - Application.

(a)

Owners. Only individual property owners may apply for an urban lot split.

(b)

An application for an urban lot split must be submitted on the city's approved form. Only a complete application will be considered. The city will inform the applicant in writing of any incompleteness within thirty (30) days after the application is submitted.

(c)

The city may establish a fee to recover its costs for adopting, implementing, and enforcing this division of the code, in accordance with applicable law. The city council may establish and change the fee by resolution. The fee must be paid with the application.

(Ord. No. NS-3013, § 4, 12-21-21)

Sec. 41-2108. - Approval.

(a)

An application for a parcel map for an urban lot split is approved or denied ministerially, by the Executive Director of Planning and Building or their designee, without discretionary review.

(b)

A tentative parcel map for an urban lot split is approved ministerially if it complies with all the requirements of this section. The tentative parcel map may not be recorded. A final parcel map is approved ministerially as well, but not until the owner demonstrates that the required documents have been recorded, such as the deed restriction and easements. The tentative parcel map expires three (3) months after approval.

(c)

The approval must require the owner and applicant to hold the city harmless from all claims and damages related to the approval and its subject matter.

(d)

The approval must require the owner and applicant to reimburse the city for all costs of enforcement, including attorneys' fees and costs associated with enforcing the requirements of this Code.

(Ord. No. NS-3013, § 4, 12-21-21)

Sec. 41-2109. - Requirements.

An urban lot split must satisfy each of the following requirements:

An urban lot split must satisfy each of the following requirements:

(a)

Map Act Compliance.

(1)

The urban lot split must conform to all applicable objective requirements of the Subdivision Map Act (Gov. Code section 66410 et. seq., "SMA") and implementing requirements in this Code, except as otherwise expressly provided in this division.

(2)

If an urban lot split violates any part of the SMA, the city's subdivision regulations, including this division, or any other legal requirement:

(A)

The buyer or grantee of a lot that is created by the urban lot split has all the remedies available under the SMA, including, but not limited to, an action for damages or to void the deed, sale, or contract.

(B)

The city has all the remedies available to it under the SMA, including, but not limited to, the following:

(i)

An action to enjoin any attempt to sell, lease, or finance the property.

(ii)

An action for other legal, equitable, or summary remedy, such as declaratory and injunctive relief.

(iii)

Criminal prosecution, punishable by imprisonment in county jail or state prison for up to one (1) year, by a fine of up to ten thousand dollars ($10,000.00), or both; or a misdemeanor.

(iv)

Record a notice of violation.

(v)

Withhold any or all future permits and approvals.

(3)

Notwithstanding section 66411.1 of the SMA, no dedication of rights-of-way or construction of offsite improvements is required for an urban lot split.

(b)

Zone. The lot to be split is in a zoning district that allows single-family residences.

(c)

Lot location.

(1)

The lot to be split is not located on a site that is any of the following:

(A)

Prime farmland, farmland of statewide importance, or land that is zoned or designated for agricultural protection or preservation by the voters.

(B)

A wetland.

(C)

Within a very high fire hazard severity zone, unless the site complies with all fire-hazard mitigation measures required by existing building standards.

(D)

A hazardous waste site that has not been cleared for residential use.

(E)

Within a delineated earthquake fault zone, unless all development on the site complies with applicable seismic protection building code standards.

(F)

Within a 100-year flood hazard area, unless the site has either:

(i)

Been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to the local jurisdiction; or

(ii)

Meets Federal Emergency Management Agency requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program.

(G)

Within a regulatory floodway, unless all development on the site has received a no-rise certification.

(H)

Land identified for conservation in an adopted natural community conservation plan, habitat conservation plan, or other adopted natural resource protection plan.

(I)

Habitat for protected species.

(J)

Land under conservation easement.

(2)

The applicant must provide evidence that the requirements of Government Code section 65913.4(a)(6)(B)— (K) are satisfied.

(d)

Not historic. The lot to be split must not be a historic property or within a historic district that is included on the State Historic Resources Inventory. Nor may the lot be or be within a site that is designated by ordinance or resolution as a city or county landmark or as a historic property or district.

(e)

No prior urban lot split.

(1)

The lot to be split was not established through a prior urban lot split.

(2)

The lot to be split is not adjacent to any lot that was established through a prior urban lot split by the owner of the lot to be split or by any person acting in concert with the owner.

(f)

No impact on protected housing.

(1)

The urban lot split must not require or include the demolition or alteration of any of the following types of housing:

(A)

Housing that is income-restricted for households of moderate, low, or very low income.

(B)

Housing that is subject to any form of rent or price control through a public entity's valid exercise of its policy power.

(C)

Housing, or a lot that used to have housing, that has been withdrawn from rental or lease under the Ellis Act (Gov. Code sections 7060-7060.7) at any time in the fifteen (15) years prior to submission of the urban lot split application.

(D)

Housing that has been occupied by a tenant in the last three (3) years.

(2)

As part of the urban lot split application, the applicant and the owner of a property must provide a sworn statement by affidavit representing and warranting that subsection (f)(1) above is satisfied.

(A)

The sworn statement must state the following:

(i)

No housing that is income-restricted for households of moderate, low, or very low income will be demolished or altered.

(ii)

No housing that is subject to any form of rent or price control will be demolished or altered.

(iii)

No housing that has been withdrawn from rental or lease under the Ellis Act at any time in the last fifteen (15) years will be demolished or altered.

(iv)

No housing that has been occupied by a tenant in the last three (3) years will be demolished or altered.

(B)

The city may conduct its own inquiries and investigation to ascertain the veracity of the sworn statement, including, but not limited to, surveying owners of nearby properties; and the city may require additional evidence of the applicant and owner as necessary to determine compliance with this requirement.

(g)

Lot size.

(1)

The lot to be split must be at least two thousand four hundred (2,400) square feet.

(2)

The resulting lots must each be at least one thousand two hundred (1,200) square feet.

(3)

Each of the resulting lots must be between forty (40) percent and sixty (60) percent of the original lot area.

(h)

Easements.

(1)

The owner must enter into an easement agreement with each public-service provider to establish easements that are sufficient for the provision of public services and facilities to each of the resulting lots.

(2)

Each easement must be shown on the tentative parcel map.

(3)

Copies of the unrecorded easement agreements must be submitted with the application. The easement agreements must be recorded against the property before the final map may be approved, in accordance with section 41-2108(b).

(4)

If an easement is recorded and the project is not completed, making the easement moot, the property owner may request, and the city will provide, a notice of termination of the easement, which the owner may record.

(i)

Lot access.

(1)

Each resulting lot must adjoin a public street right-of-way that meets the established standards for is designated street classification as specified in the Mobility Element of the General Plan.

(2)

Each resulting lot must have frontage on the public street right-of-way of at least twelve and one-half (12.5) feet.

(3)

Vehicle access easement serving a maximum of two (2) units shall be a minimum of twelve (12) feet in width and shall have a minimum length of twenty (20) feet.

(j)

Unit standards.

(1)

Quantity. No more than two (2) dwelling units of any kind may be built on a lot that results from an urban lot split. For purposes of this paragraph, "unit" means any dwelling unit, including, but not limited to, a primary dwelling unit, a unit created under this article, an ADU, or a JADU.

(2)

Unit size.

(A)

The total floor area of each primary dwelling that is developed on a resulting lot must be:

(i)

Less than or equal to eight hundred (800); and

(ii)

More than five hundred (500) square feet.

(B)

A primary dwelling that was legally established prior to the urban lot split and that is larger than eight hundred (800) square feet is limited to the lawful floor area at the time of the urban lot split. It may not be expanded.

(C)

A primary dwelling that was legally established prior to the urban lot split and that is smaller than eight hundred (800) square feet may be expanded to eight hundred (800) square feet after the urban lot split.

(3)

Height restrictions.

(A)

On a resulting lot that is smaller than two thousand (2,000) square feet, no new primary dwelling unit may exceed two (2) stories or twenty-two (22) feet in height, measured from finished grade to peak of the structure. Any portion of a new primary dwelling that exceeds one (1) story must be stepped back by an additional five (5) feet from the ground floor; no balcony deck or other portion of the second story may project into the stepback.

(B)

No rooftop deck is permitted on any new or remodeled dwelling or structure on a lot resulting from an urban lot split.

(4)

Lot coverage. The maximum building coverage of net lot area shall be thirty-five (35) percent. If new structures are proposed to be one-story and be deed restricted to be maintained as one-story structures in perpetuity, a fifty (50) percent lot coverage is allowed. This lot coverage standard is only enforced to the extent that it does not prevent two (2) primary dwelling units on the lot at eight hundred (800) square feet each.

(5)

Open space. Private open space shall be provided for each unit at a minimum of one hundred (100) square feet in the form of a private covered patio or deck. The minimum dimensions of such space shall be eight (8) feet in each direction. This open space standard is only enforced to the extent that it does not prevent two (2) primary dwelling units on the lot at eight hundred (800) square feet each.

(6)

Setbacks.

(A)

Generally. All setbacks must conform to those objective setbacks that are imposed through the underlying zone.

(B)

Exceptions. Notwithstanding subsection j(6)(A) above:

(i)

Existing structures. No setback is required for an existing legally established structure or for a new structure that is constructed in the same location and to the same dimensions as an existing legally established structure.

(ii)

Eight hundred (800) sf; four-foot side and rear. The setbacks imposed by the underlying zone must yield to the degree necessary to avoid physically precluding the construction of up to two (2) units on the lot or either of the two (2) units from being at least eight hundred (800) square feet in floor area; but in no event may any structure be less than four (4) feet from a side or rear property line.

(C)

Front setback area. Notwithstanding any other part of this Code, dwellings that are constructed after an urban lot split must be at least twenty (20) feet from the front property lines. The front setback areas must:

(i)

Be kept free from all structures greater than three (3) feet high;

(ii)

Be at least fifty (50) percent landscaped with drought-tolerant plants, with vegetation and irrigation plans approved by a licensed landscape architect; and

(iii)

Allow for vehicular and fire-safety access to the front structure.

(7)

Parking. Each new primary dwelling unit that is built on a lot after an urban lot split must have at least one (1) off-street parking space per unit unless one (1) of the following applies:

(A)

The lot is located within one-half (½) mile walking distance of either:

(i)

A corridor with fixed route bus service with service intervals no longer than fifteen (15) minutes during peak commute hours; or

(ii)

A site that contains:

(ia)

An existing rail or bus rapid transit station; or

(ib)

The intersection of two (2) or more major bus routes with a frequency of service interval of fifteen (15) minutes or less during the morning and afternoon peak commute periods.

(B)

The site is located within one (1) block of a car-share vehicle location. A car-share vehicle shall mean a motor vehicle that is operated as part of a regional fleet by a public or private car sharing company or organization and provides hourly or daily service.

(8)

Architecture.

(A)

If there is a legal primary dwelling on the lot that was established before the urban lot split, any new primary dwelling unit must match the existing primary dwelling unit in exterior materials, color, and dominant roof pitch. The dominant roof slope is the slope shared by the largest portion of the roof.

(B)

If there is no legal primary dwelling on the lot before the urban lot split, and if two (2) primary dwellings are developed on the lot, the dwellings must match each other in exterior materials, color, and dominant roof pitch. The dominant roof slope is the slope shared by the largest portion of the roof.

(C)

All new structures and conversions of existing accessory structures shall meet objective standards of Division 3 of this article.

(D)

If a dwelling is constructed on a lot after an urban lot split and any portion of the dwelling is less than three (3) feet from a property line that is not a public right-of-way line, then all windows and doors in that portion must either be (for windows) clerestory with the bottom of the glass at least six (6) feet above the finished floor, or (for windows and for doors) utilize frosted or obscure glass.

(9)

Landscaping.

(A)

The project shall be designed meeting all the landscaping standards of the Santa Ana Municipal Code set forth in section 41-240.

(B)

Evergreen landscape screening must be planted and maintained between each dwelling and adjacent lots (but not rights-of-way) as follows:

(i)

At least one 15-gallon size plant shall be provided for every five (5) linear feet of exterior wall. Alternatively, at least one (1) 24-inch box size plant shall be provided for every ten (10) linear feet of exterior wall.

(ii)

Plant specimens must be at least six (6) feet tall when installed. As an alternative, a solid fence of at least six (6) feet in height may be installed.

(iii)

All landscaping must be drought-tolerant.

(iv)

All landscaping must be from the city's approved plant list.

(10)

Nonconforming conditions. An urban lot split may be approved without requiring a legal nonconforming zoning condition to be corrected.

(11)

Utilities.

(A)

Each primary dwelling unit on the lot must have its own direct utility connection to the utility service provider.

(B)

Notwithstanding subsection j(11)(A) above, a primary dwelling unit may have a direct utility connection to an onsite wastewater treatment system in accordance with this paragraph and the city's code. Each primary dwelling unit on the lot that is or that is proposed to be connected to an onsite wastewater treatment system must first have a percolation test completed within the last five (5) years or, if the percolation test has been recertified, within the last ten (10) years.

(C)

All utilities must be underground.

(12)

Building and safety. All structures built on the lot must comply with all current local building standards. An urban lot split is a change of use.

(k)

Separate conveyance.

(1)

Within a resulting lot.

(A)

Primary dwelling units on a lot that is created by an urban lot split may not be owned or conveyed separately from each other.

(B)

Condominium airspace divisions and common interest developments are not permitted on a lot that is created by an urban lot split.

(C)

All fee interest in a lot and all dwellings on the lot must be held equally and undivided by all individual property owners.

(D)

No timeshare, as defined by state law or this Code, is permitted. This includes any co-ownership arrangement that gives an owner the right to exclusive use of the property for a defined period or periods of time.

(2)

Between resulting lots. Separate conveyance of the resulting lots is permitted. If dwellings or other structures (such as garages) on different lots are adjacent or attached to each other, the urban lot split boundary may separate them for conveyance purposes if the structures meet building code safety standards and are sufficient to allow separate conveyance. If any attached structures span or will span the new lot line, the owner must record appropriate CC&Rs, easements, or other documentation that is necessary to allocate rights and responsibility between the owners of the two (2) lots.

(l)

Regulation of uses.

(1)

Residential-only. No non-residential use is permitted on any lot created by urban lot split.

(2)

No short-term vacation rentals (STRs). No dwelling unit on a lot that is created by an urban lot split may be rented for a period of less than thirty (30) days.

(3)

Owner occupancy. The applicant for an urban lot split must sign an affidavit stating that the applicant intends to occupy one (1) of the dwelling units on one (1) of the resulting lots as the applicant's principal residence for a minimum of three (3) years after the urban lot split is approved.

(m)

Notice of construction.

(1)

At least thirty (30) business days before starting any construction of a structure on a lot created by an urban lot split, the property owner must give written notice to all the owners of record of each of the adjacent residential parcels, which notice must include the following information:

(A)

Notice that construction has been authorized;

(B)

The anticipated start and end dates for construction;

(C)

The hours of construction;

(D)

Contact information for the project manager (for construction-related complaints); and

(E)

Contact information for the Building & Safety Department.

(2)

This notice requirement does not confer a right on the noticed persons or on anyone else to comment on the project before permits are issued. Approval is ministerial. Under state law, the City has no discretion in approving or denying a particular project under this section. This notice requirement is purely to promote neighborhood awareness and expectation.

(n)

Deed restriction. The owner must record a deed restriction on each lot that results from the urban lot split, on a form approved by the city, that does each of the following:

(1)

Expressly prohibits any rental of any dwelling on the property for a period of less than thirty (30) days.

(2)

Expressly prohibits any non-residential use of the lots created by the urban lot split.

(3)

Expressly prohibits any separate conveyance of a primary dwelling on the property, any separate fee interest, and any common interest development within the lot.

(4)

Expressly requires that any net new unit created as a result of the provisions of this division be deed restricted for affordable housing at the following levels:

(A)

Rental products shall be made affordable to very low or low income households.

(B)

For-sale products shall be made affordable to moderate income households.

(5)

States that:

(A)

The lot is formed by an urban lot split and is therefore subject to the city's urban lot-split regulations, including all applicable limits on dwelling size and development.

(B)

Development on the lot is limited to development of residential units under Divisions 2 and 3 of this article, except as required by State law.

(Ord. No. NS-3013, § 4, 12-21-21; Ord. No. NS-3038, § 42, 2-7-23)

Sec. 41-2110. - Specific adverse impacts.

(a)

Notwithstanding anything else in this section, the city may deny an application for an urban lot split if the building official makes a written finding, based on a preponderance of the evidence, that the project would have a "specific, adverse impact" on either public health and safety or on the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.

(b)

"Specific adverse impact" has the same meaning as in Gov. Code section 65589.5(d)(2): "a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete" and does not include (1) inconsistency with the zoning ordinance or general plan land use designation or (2) the eligibility to claim a welfare exemption under Revenue and Taxation Code section 214(g).

(c)

The building official may consult with and be assisted by planning staff and others as necessary in making a finding of specific, adverse impact.

(Ord. No. NS-3013, § 4, 12-21-21)

DIVISION 3. - TWO-UNIT PROJECTS

The purpose of this division is to allow and appropriately regulate two-unit projects in accordance with Government Code section 65852.21 and to meet the intent and objective of the State Legislature to ensure access to affordable housing opportunities as declared by the State Legislature under SB9 Law.

(Ord. No. NS-3013, § 5, 12-21-21)

Sec. 41-2112. - Definition.

(a)

"Individual property owner(s)" means a natural person holding fee title individually or jointly in the person's own name or a beneficiary of a trust that holds fee title. "Individual property owner" does not include any corporation or corporate person of any kind (partnership, LP, LLC, C Corp, S Corp, etc.) except for a community land trust (as defined by Rev. & Tax Code § 402.1(a)(11)(C)(ii)) or a qualified nonprofit corporation (as defined by Rev. & Tax Code § 214.15).

(b)

A "two-unit project" means the development of two (2) primary dwelling units or, if there is already a primary dwelling unit on the lot, the development of a second primary dwelling unit on a legally subdivided lot in accordance with the requirements of this division.

(Ord. No. NS-3013, § 5, 12-21-21)

Sec. 41-2113. - Application.

(a)

Owners. Only individual property owners may apply for a two-unit project.

(b)

An application for a two-unit project must be submitted on the city's approved form.

(c)

The applicant must obtain a certificate of compliance with the Subdivision Map Act and the implementing regulations in this Code for the lot and provide the certificate with the application.

(d)

Only a complete application will be considered. The city will inform the applicant in writing of any incompleteness within thirty (30) days after the application is submitted.

(e)

The city may establish a fee to recover its costs for adopting, implementing, and enforcing this division of the code, in accordance with applicable law. The city council may establish and change the fee by resolution. The fee must be paid with the application.

(Ord. No. NS-3013, § 5, 12-21-21)

Sec. 41-2114. - Approval.

(a)

An application for a two-unit project is approved or denied ministerially, by the Executive Director of Planning and Building or their designee, without discretionary review.

(b)

The ministerial approval of a two-unit project does not take effect until the city has confirmed that the required documents have been recorded, such as the deed restriction and easements.

(c)

The approval must require the owner and applicant to hold the city harmless from all claims and damages related to the approval and its subject matter.

(d)

The approval must require the owner and applicant to reimburse the city for all costs of enforcement, including attorneys' fees and costs associated with enforcing the requirements of this Code.

(Ord. No. NS-3013, § 5, 12-21-21)

Sec. 41-2115. - Requirements.

A two-unit project must satisfy each of the following requirements:

(a)

Map Act Compliance. The lot must have been legally subdivided.

(b)

Zone. The lot is in a single-family residential zone.

(c)

Lot location.

(1)

The lot is not located on a site that is any of the following:

(A)

Prime farmland, farmland of statewide importance, or land that is zoned or designated for agricultural protection or preservation by the voters.

(B)

A wetland.

(C)

Within a very high fire hazard severity zone, unless the site complies with all fire-hazard mitigation measures required by existing building standards.

(D)

A hazardous waste site that has not been cleared for residential use.

(E)

Within a delineated earthquake fault zone, unless all development on the site complies with applicable seismic protection building code standards.

(F)

Within a 100-year flood hazard area, unless the site has either:

(i)

Been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to the local jurisdiction; or

(ii)

Meets Federal Emergency Management Agency requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program.

(G)

Within a regulatory floodway, unless all development on the site has received a no-rise certification.

(H)

Land identified for conservation in an adopted natural community conservation plan, habitat conservation plan, or other adopted natural resource protection plan.

(I)

Habitat for protected species.

(J)

Land under conservation easement.

(2)

The applicant must provide evidence that the requirements of Government Code section 65913.4(a)(6)(B)— (K) are satisfied.

(d)

Not historic. The lot must not be a historic property or within a historic district that is included on the State Historic Resources Inventory. Nor may the lot be or be within a site that is designated by ordinance or resolution as a city or county landmark or as a historic property or district, or a structure of merit. A structure of merit is defined as meeting one (1) or more of the following:

(1)

It is associated with events that have made a significant contribution in our past.

(2)

It is associated with the lives of persons significant in our past.

(3)

It embodies the distinctive characteristics of a type, period, architectural style or method of construction, or represents the work of a master, or possesses high artistic or historic value, or represents a significant and distinguishable collection whose individual components may lack distinction.

(4)

It yields, or may be likely to yield, information important in prehistory or history.

(5)

Its unique location or singular physical characteristic represents an established and familiar visual feature of a neighborhood.

(e)

No impact on protected housing.

(1)

The two-unit project must not require or include the demolition or alteration of any of the following types of housing:

(A)

Housing that is income-restricted for households of moderate, low, or very low income.

(B)

Housing that is subject to any form of rent or price control through a public entity's valid exercise of its policy power.

(C)

Housing, or a lot that used to have housing, that has been withdrawn from rental or lease under the Ellis Act (Gov. Code sections 7060-7060.7) at any time in the fifteen (15) years prior to submission of the urban lot split application.

(D)

Housing that has been occupied by a tenant in the last three (3) years.

(2)

As part of the two-unit project application, the applicant and the owner of a property must provide a sworn statement by affidavit representing and warranting that subsection (e)(1) above is satisfied.

(A)

The sworn statement must state the following:

(i)

No housing that is income-restricted for households of moderate, low, or very low income will be demolished or altered.

(ii)

No housing that is subject to any form of rent or price control will be demolished or altered.

(iii)

No housing that has been withdrawn from rental or lease under the Ellis Act at any time in the last fifteen (15) years will be demolished or altered.

(iv)

No housing that has been occupied by a tenant in the last three (3) years will be demolished or altered.

(B)

The city may conduct its own inquiries and investigation to ascertain the veracity of the sworn statement, including, but not limited to, surveying owners of nearby properties; and the city may require additional evidence of the applicant and owner as necessary to determine compliance with this requirement.

(f)

Unit standards.

(1)

Quantity.

(A)

No more than two (2) dwelling units of any kind may be built on a lot that results from an urban lot split. For purposes of this paragraph, "unit" means any dwelling unit, including, but not limited to, a primary dwelling unit, a unit created under this article, an ADU, or a JADU.

(B)

A lot that is not created by an urban lot split may have a two-unit project under this section, plus any ADU or JADU that must be allowed under state law and the city's ADU ordinance.

(2)

Unit size.

(A)

The total floor area of each primary dwelling built that is developed under this section must be:

(i)

Less than or equal to eight hundred (800); and

(ii)

More than five hundred (500) square feet.

(B)

A primary dwelling that was legally established on the lot prior to the two-unit project and that is larger than eight hundred (800) square feet is limited to the lawful floor area at the time of the two-unit project. The unit may not be expanded.

(C)

A primary dwelling that was legally established prior to the two-unit project and that is smaller than eight hundred (800) square feet may be expanded to eight hundred (800) square feet after or as part of the twounit project.

(3)

Height restrictions.

(A)

On a lot that is smaller than two thousand (2,000) square feet, no new primary dwelling unit may exceed two (2) stories or twenty-two (22) feet in height, measured from grade to peak of the structure. Any portion of a new primary dwelling that exceeds one (1) story must be stepped back by an additional five (5) feet from the ground floor; no balcony deck or other portion of the second story may project into the stepback.

(B)

No rooftop deck is permitted on any new or remodeled dwelling or structure on a lot with a two-unit project.

(4)

Demo cap. The two-unit project may not involve the demolition of more than twenty-five (25) percent of the existing exterior walls of an existing dwelling unless the site has not been occupied by a tenant in the last three (3) years.

(5)

Lot coverage. The maximum building coverage of net lot area shall be thirty-five (35) percent. If new structures are proposed to be one-story and be deed restricted to be maintained as one-story structures in perpetuity, a fifty (50) percent lot coverage is allowed. This lot coverage standard is only enforced to the extent that it does not prevent two (2) primary dwelling units on the lot at eight hundred (800) square feet each.

(6)

Open space. Private open space shall be provided for each unit at a minimum of one hundred (100) square feet in the form of a private covered patio or deck. The minimum dimensions of such space shall be eight (8) feet in each direction. This open space standard is only enforced to the extent that it does not prevent two (2) primary dwelling units on the lot at eight hundred (800) square feet each.

(7)

Setbacks.

(A)

Generally. All setbacks must conform to those objective setbacks that are imposed through the underlying zone.

(B)

Exceptions. Notwithstanding subsection (f)(7)(A) above:

(i)

Existing structures. No setback is required for an existing legally established structure or for a new structure that is constructed in the same location and to the same dimensions as an existing legally established structure.

(ii)

Eight hundred (800) sf; four-foot side and rear. The setbacks imposed by the underlying zone must yield to the degree necessary to avoid physically precluding the construction of up to two (2) units on the lot or either of the two (2) units from being at least eight hundred (800) square feet in floor area; but in no event may any structure be less than four (4) feet from a side or rear property line.

(C)

Front setback area. Notwithstanding any other part of this Code, dwellings that are constructed under this section must be at least twenty (20) feet from the front property lines. The front setback area must:

(i)

Be kept free from all structures greater than three (3) feet high;

(ii)

Be at least fifty (50) percent landscaped with drought-tolerant plants, with vegetation and irrigation plans approved by a licensed landscape architect; and

(iii)

Allow for vehicular and fire-safety access to the front structure.

(D)

Interior side yard and rear yard setbacks. Dwelling units must provide a minimum of four-foot interior side yard and rear yard setbacks for the property line.

(E)

Corner lot setbacks for side yards abutting a street. Dwellings that are constructed pursuant to Divisions 2 and 3 of this article must provide setbacks at least ten (10) feet from the side yard abutting the street.

(F)

Existing structures. No setback is required for an existing legally established structure or for a new structure that is constructed in the same location and to the same dimensions as an existing legally established structure.

(8)

Parking. Each new primary dwelling unit must have at least one (1) off-street parking space per unit unless one (1) of the following applies:

(A)

The lot is located within one-half (½) mile walking distance of either:

(i)

A corridor with fixed route bus service with service intervals no longer than fifteen (15) minutes during peak commute hours; or

(ii)

A site that contains:

(ia)

An existing rail or bus rapid transit station; or

(ib)

The intersection of two (2) or more major bus routes with a frequency of service interval of fifteen (15) minutes or less during the morning and afternoon peak commute periods.

(B)

The site is located within one (1) block of a car-share vehicle location. A car-share vehicle shall mean a motor vehicle that is operated as part of a regional fleet by a public or private car sharing company or organization and provides hourly or daily service.

(9)

Architecture.

(A)

If there is a legal primary dwelling on the lot that was established before the two-unit project, any new primary dwelling unit must match the existing primary dwelling unit in exterior materials, color, and dominant roof pitch. The dominant roof slope is the slope shared by the largest portion of the roof.

(B)

If there is no legal primary dwelling on the lot before the two-unit project, and if two (2) primary dwellings are developed on the lot, the dwellings must match each other in exterior materials, color, and dominant

roof pitch. The dominant roof slope is the slope shared by the largest portion of the roof.

(C)

New roofing and siding materials that are shiny, mirror-like, or of a glossy metallic finish are prohibited.

(D)

All exterior lighting must be limited to down-lights.

(E)

No window or door of a dwelling that is constructed on the lot may have a direct line of sight to an adjoining residential property. Fencing, landscaping, or privacy glass may be used to provide screening and prevent a direct line of sight.

(F)

If any portion of a dwelling is less than thirty (30) feet from a property line that is not a public right-of-way line, then all windows and doors in that portion must either be (for windows) clerestory with the bottom of the glass at least six (6) feet above the finished floor, or (for windows and for doors) utilize frosted or obscure glass.

(G)

New skylights shall have flat glass panes. "Bubble" or dome type skylights are prohibited.

(H)

The roof pitch/slope and roof style (e.g. hip, gable, mansard) of the proposed unit addition shall be the same as the primary dwelling.

(I)

If a garage is converted to new unit, the garage door opening shall be replaced with exterior wall coverings, or residential window and doors, to match the existing exterior garage wall covering and detailing.

(J)

Additions or new construction shall comply with the following:

(i)

On a site already developed with an existing residential unit, the new unit shall be designed and constructed to match the existing paint color and exterior building materials, including but the limited to siding, windows, doors, roofing, light fixtures, hardware, and railings.

(ii)

If residential development is propped on a lot where not residential units currently exist, the units shall be constructed using the same architectural style, exterior building materials, colors and finishes.

(iii)

The size of the common indoor living areas of a dwelling unit, such as the living room, dining room, kitchen, family room, etc. must be equal to, or greater than, the square footage of bedrooms provided.

(iv)

Direct exterior access from a first-floor bedroom to the exterior of the dwelling unit shall be through a sliding door or double French door.

(v)

Upper story unenclosed landings, decks, and balconies greater than twenty (20) square feet that face or overlook an adjoining property, shall be located a minimum of fifteen (15) feet from the interior lot lines.

(vi)

Water heaters (excluding tank less water heaters) and laundry facilities (washer and dryer) may not be located on the exterior of a dwelling unit.

(vii)

Upper story unenclosed landings, decks, and balconies, that do not face or overlook an adjoining property due to orientation or topography, may be located at the located at the minimum as allowed by the underlying zone interior setback line if an architectural screening element such as enclosing walls, trellises, awning, or perimeter planters with a five-foot minimum height is incorporated into the unenclosed landing, deck, or balcony.

(viii)

Upper story windows located within fifteen (15) feet of an interior lot line and face or overlook an adjoining property shall be installed a minimum of forty-two (42) inches above finish floor.

(10)

Landscaping. Evergreen landscape screening must be planted and maintained between each dwelling and adjacent lots (but not rights-of-way) as follows:

(A)

At least one (1) 15-gallon size plant shall be provided for every five (5) linear feet of exterior wall. Alternatively, at least one (1) 24-inch box size plant shall be provided for every ten (10) linear feet of exterior wall.

(B)

Plant specimens must be at least six (6) feet tall when installed. As an alternative, a solid fence of at least six (6) feet in height may be installed.

(C)

All landscaping must be drought-tolerant.

(D)

All landscaping must be from the city's approved plant list.

(11)

Nonconforming conditions. A two-unit project may only be approved if all nonconforming zoning conditions are corrected.

(12)

Utilities.

(A)

Each primary dwelling unit on the lot must have its own direct utility connection to the utility service provider.

(B)

Notwithstanding paragraph subsection (f)(12)(A) above, a primary dwelling unit may have a direct utility connection to an onsite wastewater treatment system in accordance with this paragraph and the city's code. Each primary dwelling unit on the lot that is or that is proposed to be connected to an onsite wastewater treatment system must first have a percolation test completed within the last five (5) years or, if the percolation test has been recertified, within the last ten (10) years.

(C)

All utilities must be underground.

(13)

Building and safety. All structures built on the lot must comply with all current local building standards. A project under this section is a change of use and subjects the whole of the lot, and all structures, to the city's current code.

(g)

Separate conveyance.

(1)

Primary dwelling units on the lot may not be owned or conveyed separately from each other.

(2)

Condominium airspace divisions and common interest developments are not permitted within the lot.

(3)

All fee interest in the lot and all the dwellings must be held equally and undivided by all individual property owners.

(A)

No timeshare, as defined by state law or this Code, is permitted. This includes any co-ownership arrangement that gives an owner the right to exclusive use of the property for a defined period or periods of time.

(h)

Regulation of uses.

(1)

Residential-only. No non-residential use is permitted on the lot.

(2)

No short term rentals (STRs). No dwelling unit on the lot may be rented for a period of less than thirty (30) days.

(3)

Owner occupancy. Unless the lot was formed by an urban lot split, the individual property owners of a lot with a two-unit project must occupy one (1) of the dwellings on the lot as the owners' principal residence and legal domicile.

(i)

Notice of construction.

(1)

At least thirty (30) business days before starting any construction of a two-unit project, the property owner must give written notice to all the owners of record of each of the adjacent residential parcels, which notice must include the following information:

(A)

Notice that construction has been authorized.

(B)

The anticipated start and end dates for construction.

(C)

The hours of construction.

(D)

Contact information for the project manager (for construction-related complaints).

(E)

Contact information for the Building and Safety Department.

(2)

This notice requirement does not confer a right on the noticed persons or on anyone else to comment on the project before permits are issued. Approval is ministerial. Under state law, the City has no discretion in approving or denying a particular project under this article. This notice requirement is purely to promote neighborhood awareness and expectation.

(j)

Deed restriction. The owner must record a deed restriction, on a form approved by the city, that does each of the following:

(1)

Expressly prohibits any rental of any dwelling on the property for a period of less than thirty (30) days.

(2)

Expressly prohibits any non-residential use of the lot.

(3)

Expressly prohibits any separate conveyance of a primary dwelling on the property, any separate fee interest, and any common interest development within the lot.

(4)

If the lot does not undergo an urban lot split: Expressly requires the individual property owners to live in one (1) of the dwelling units on the lot as the owners' primary residence and legal domicile.

(5)

Expressly requires that any net new unit created be deed restricted for affordable housing at the following levels:

(A)

Rental products shall be made affordable to very low or low income households.

(B)

For-sale products shall be made affordable to moderate income households.

(6)

Limits development of the lot to residential units that comply with the requirements of this section, except as required by state law.

(Ord. No. NS-3013, § 43, 12-21-21; Ord. No. NS-3038, § 43, 2-7-23)

Sec. 41-2116. - Specific adverse impacts.

(a)

Notwithstanding anything else in this section, the city may deny an application for a two-unit project if the building official makes a written finding, based on a preponderance of the evidence, that the project would have a "specific, adverse impact" on either public health and safety or on the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.

(b)

"Specific adverse impact" has the same meaning as in Gov. Code section 65589.5(d)(2): "a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete" and does not include (1) inconsistency with the zoning ordinance or general plan land use designation or (2) the eligibility to claim a welfare exemption under Revenue and Taxation Code section 214(g).

(c)

The building official may consult with and be assisted by planning staff and others as necessary in making a finding of specific, adverse impact.

(Ord. No. NS-3013, § 5, 12-21-21)

Sec. 41-2117. - Remedies.

If a two-unit project violates any part of this Code or any other legal requirement:

(a)

The buyer, grantee, or lessee of any part of the property has an action for damages or to void the deed, sale, or contract.

(b)

The city may:

(1)

Bring an action to enjoin any attempt to sell, lease, or finance the property.

(2)

Bring an action for other legal, equitable, or summary remedy, such as declaratory and injunctive relief.

(3)

Pursue criminal prosecution, punishable by imprisonment in county jail or state prison for up to one (1) year, by a fine of up to ten thousand dollars ($10,000.00), or both; or a misdemeanor.

(4)

Record a notice of violation.

(5)

Withhold any or all future permits and approvals.

(6)

Pursue all other administrative, legal, or equitable remedies that are allowed by law or the city's code.

(Ord. No. NS-3013, § 5, 12-21-21)

Secs. 41-2118—41-2199. - Reserved.

ARTICLE XXI. - OUTDOOR DINING ON PRIVATE PROPERTY

Sec. 41-2200. - Purpose.

The purpose and intent of this Article is to create a streamline administrative permit process for outdoor dining areas located on private property in order to benefit tenants, property owners, and the public, and to establish regulations that enhance the pedestrian ambiance of the City and ensure that such outdoor dining areas do not adversely impact adjacent uses, properties, and surrounding neighborhoods.

(Ord. No. NS-3033, § 7, 12-20-22)

Sec. 41-2201. - Applicability.

(a)

The provisions of this Article shall apply to:

(1)

All new outdoor dining areas located on private property; and

(2)

All legally established and existing outdoor dining areas located on private property that are proposed to be expanded or enlarged.

(b)

The provisions of this Article do not apply to:

(1)

Common outdoor dining and seating areas as part of a development that has been approved through a Development Project Plan in accordance with Division 3 of Article V of this Chapter; and

(2)

Outdoor dining areas in the public right-of-way that are subject to the provisions set forth in Article VI (Outdoor Dining Areas in the Public Right-Of-Way) of Chapter 33 (Streets, Sidewalks and Public Works) of the SAMC.

(c)

The provisions of this Article are not intended to provide exclusive regulation of the development of an outdoor dining area. An outdoor dining area shall comply with all applicable state and federal laws and all local regulations imposed in other articles of this Chapter and other city ordinances, unless explicitly exempted under this Article. Should a conflict exist between the provisions of this Article and the provisions of other articles of this Chapter, the provisions of this Article shall prevail, unless otherwise determined by the Director of the Planning and Building Agency.

(Ord. No. NS-3033, § 7, 12-20-22)

Sec. 41-2202. - Application, permit, and review requirements.

(a)

An outdoor dining area shall require approval of an administrative application and permit as established by the Executive Director of the Planning and Building Agency, and shall be developed in compliance with an approved site plan that indicates the area dedicated for outdoor dining and the maximum seating capacity.

(b)

Approval of the outdoor dining area permit shall be granted only to the property owner or business owner of the eating establishment with written concurrence of the property owner.

(c)

When an eating establishment use is proposed to be replaced with another eating establishment where an outdoor dining area permit has been previously approved pursuant to this Article, the new business owner may continue to utilize the existing outdoor dining area without obtaining a separate outdoor dining permit, so long as such business owner submits an agreement to comply with the previously approved outdoor dining area permit application, conditions, and the requirements of this Article. Such agreement shall be on a form as approved by the Executive Director of the Planning and Building Agency.

(Ord. No. NS-3033, § 7, 12-20-22)

An outdoor dining area shall be permitted as an ancillary use in all zones where eating establishments are permitted or conditionally permitted.

(Ord. No. NS-3033, § 7, 12-20-22)

Sec. 41-2204. - Placement, development, and design standards.

An outdoor dining area shall comply with the following placement, development, and design standards:

(a)

The location of the outdoor dining area shall be approved by the property owner(s) with consent of the affected business(es).

(b)

An outdoor dining area may encroach into and up to fifteen (15) percent of the required front and street side yard areas.

(c)

The outdoor dining area shall provide and maintain: (1) a five (5) foot landscape buffer between property lines and the edge of the outdoor dining area; and (2) a three (3) foot landscape buffer between parking spaces and vehicular areas and the edge of the outdoor dining area.

(d)

The outdoor dining area shall comply with corner and driveway obstruction line-of-sight standards, as modified from time to time.

(e)

The outdoor dining area shall not obstruct any required off-street parking spaces, drive aisles, paths of travel, ingress or egress, emergency access/exits, or fire lanes unless replaced elsewhere on site.

(f)

The outdoor dining area shall be constructed on a permanent raised pad with curbs and may be enclosed by a permanent barrier made of landscape planters, fencing, decking, shade structures and other decorative materials that physically separate and/or define the outdoor dining area. If installed, the height of the barrier shall not exceed four (4) feet in height.

(g)

Awnings, covers, furniture, umbrellas, shade structures, and other physical elements shall be compatible with the character of the primary use structure and shall be fire-retardant, pressure-treated or manufactured of fire-resistant materials.

(h)

Planter boxes, if installed, shall be made of durable materials such as wood, ceramic, stone, or metal.

(i)

Signage within the outdoor dining area is prohibited with the exception of a menu board. A menu board of up to six (6) square feet may be displayed within the outdoor dining area.

(j)

Lighting in accordance with Chapter 8 of the SAMC shall be provided to illuminate the outdoor dining area during nighttime hours.

(k)

When an outdoor dining area is located adjacent to sensitive uses (e.g., residential uses, parks, playgrounds, and private and public schools (k-12)), provisions shall be made to minimize noise, light, and odor impacts on the adjacent sensitive uses. This may include without limitation a sound-buffering acoustic wall and/or separation by a physical barrier to define the limits of the outdoor dining area.

(Ord. No. NS-3033, § 7, 12-20-22)

Outdoor dining shall comply with the following operational standards:

(a)

All areas in and around the outdoor dining area shall be well kept and maintained free of trash and debris.

(b)

The hours of operation for the outdoor dining area shall be limited to the hours of operation for the eating establishment. However, if the outdoor dining area is adjacent to a sensitive use, such hours of operation may be restricted to reasonable operating hours as determined by the Executive Director of the Planning and Building Agency.

(c)

The outdoor dining area shall be operated in a manner to comply with the noise provisions pursuant to Section 10-153 of Chapter 10 of the SAMC.

(d)

Establishments with an approved conditional use permit (CUP) pursuant to Section 41-196 (Establishments Selling Alcoholic Beverages) of this Chapter may serve alcoholic beverages within the outdoor dining area if consistent with the scope and intent of the CUP, as evaluated by the Executive Director of the Planning and Building Agency.

(e)

No heating, cooking or open flames are permitted in the outdoor dining area.

(f)

Heating units are permitted only if an outdoor approved type and located in accordance with the manufacturer's recommendations. Propone tanks, if used, shall not be stored outdoors.

(g)

Movable furniture must be secured or moved inside the primary establishment at closing time.

(h)

All outdoor dining furnishings and materials shall be maintained and cleaned regularly with no ripped, faded, or otherwise damaged materials. Any damaged materials shall be repaired or replaced immediately.

(i)

The outdoor dining area shall be operated in a manner that complies with all applicable federal, state, county and city laws and regulations.

(j)

The outdoor dining area shall not be detrimental to the health, safety, or welfare of persons residing or working in the vicinity.

(Ord. No. NS-3033, § 7, 12-20-22)

Sec. 41-2206. - Off street parking requirements for outdoor dining areas.

Off-street parking for an outdoor dining area shall be provided in accordance to Section 41-1341 of this Chapter, except that:

(a)

An outdoor dining area located within an integrated development site, as defined in Section 41-83.5 of this Chapter, may convert up to three (3) required off-street parking spaces into outdoor dining without needing to replace such parking. An integrated development site with two-hundred fifty (250) or more off-street parking spaces may convert additional required off-street parking spaces into outdoor dining at the discretion and approval of the Executive Director of the Planning and Building Agency.

(b)

An outdoor dining area located within a stand-alone development site with one primary eating establishment may convert up to twenty-five (25) percent of the required off street parking spaces into outdoor dining without needing to replace such parking.

(Ord. No. NS-3033, § 7, 12-20-22)

Sec. 41-2207. - Outdoor dining area modification by executive director.

The standards of this Article are intended to promote quality development of outdoor dining areas. In special circumstances, modifications to the placement and development standards required per Section 41-2204 of this Article may be adjusted, subject to the applicant providing the necessary information for the Executive Director of the Planning and Building Agency to make an informed decision in grating or denying the request for the modification. The approval of a modification per this section shall be accompanied by the following findings:

(a)

Approval of the modification would not result in detrimental impacts to adjacent properties or the character and function of the neighborhood.

(b)

The design, development, and conditions associated with the outdoor dining area are consistent with the goals, policies, and intent of the General Plan, and the purpose, intent, and character of the applicable zone.

(c)

The outdoor dining area creates and provides a visually pleasing setting for occupants, visitors and the general community.

(d)

To the maximum extent feasible, the outdoor dining project includes improvement to the site such as but not limited to:

(1)

Landscaping shall be improved to bring the site closer into compliance with the landscaping requirements of this Chapter;

(2)

Parking areas in poor condition shall be improved and maintained in accordance with Section 41-1304 of this Chapter;

(3)

Bicycle parking shall be provided and maintained in accordance with Section 41-1307.1 of this Chapter.

(4)

Building(s) on the site shall be repainted as needed; and

(5)

A trash enclosure in accordance with this Chapter shall be constructed or rehabilitated as determined by the Public Works and Planning and Building agencies.

(Ord. No. NS-3033, § 7, 12-20-22)

Sec. 41-2208. - Enforcement, modification, revocation and termination of outdoor dining area permit.

(a)

It is unlawful for any property owner, business owner, operator, tenant, or other person in control of property within the city for which the provisions set forth in this Article apply, to operate an outdoor dining

area without an outdoor dining area permit, or to fail to comply with each and every condition of that outdoor dining area permit.

(b)

Each and every violation of this Article shall constitute a separate violation and shall be subject to all remedies and enforcement measures authorized by the SAMC. Additionally, as a nuisance per se, any violation of this Article shall be subject to injunctive relief, revocation of the outdoor dining area permit, revocation of certificate of occupancy for the eating establishment, disgorgement and payment to the City of any and all monies unlawfully obtained, costs of abatement, costs of investigation, attorney's fees, and any other relief or remedy available at law or equity. The City may also pursue any and all remedies and actions available and applicable under local and state laws for any violations committed by an outdoor dining permittee and persons related or associated with the business.

(c)

When an authorized City of Santa Ana representative finds that any of the provisions of this Article have been violated or that any of the following findings of fact can be made, the Executive Director of the Planning and Building Agency, or its designee, may revoke, suspend, or modify an outdoor dining area permit:

(1)

Circumstances under which the outdoor dining permit was granted have been changed by the operator to a degree that the public convenience, health, interest, safety or welfare require revocation or modification;

(2)

The outdoor dining permit was issued, in whole or in part, on the basis of a misrepresentation or omission of a material statement in the application;

(3)

One (1) or more of the requirements of the outdoor dining permit have not been substantially fulfilled or have been violated;

(4)

The improvement/use authorized in compliance with the outdoor dining permit approval is in violation of any code, law, ordinance, regulation or statute of the city, state or federal government; or

(5)

The improvement/use authorized in compliance with the outdoor dining permit has become detrimental to the public convenience, health, interest, safety or welfare, or the manner of operation constitutes or is creating a nuisance.

(d)

No such revocation shall become effective until the outdoor dining permit holder has been notified in writing by certified mail of the right to appeal the revocation decision pursuant to the provision of Chapter 3 of the SAMC. If a timely appeal is filed, the revocation shall be effective only upon decision of a hearing officer as provided for in Chapter 3 of the SAMC. Otherwise, the revocation shall become effective after the time for appeal has passed.

(e)

An outdoor dining area permit shall be terminated and the outdoor dining area and its improvements shall be removed and rehabilitated to their original use by the property owner if the outdoor dining area is vacant, unused, or unoccupied for more than six (6) months, or if the eating establishment is replaced with a noneating establishment.

(Ord. No. NS-3033, § 7, 12-20-22)

Secs. 41-2209—41-2299. - Reserved. ARTICLE XXII. - MOBILE FOOD TRUCKS ON PRIVATE PROPERTY

The purpose and intent of this Article is to create a streamline administrative permit process allowing mobile food trucks to operate on private property in order to provide entrepreneurial opportunities for small businesses to operate in the City and benefit the community by providing gourmet and fast food services to the City residents, workers, and visitors, and to establish regulations that ensure mobile food trucks are operated in a safe manner and do not create a public nuisance.

(Ord. No. NS-3034, § 4, 12-20-22)

Sec. 41-2301. - Applicability.

(a)

The provisions of this Article shall apply to all mobile food trucks operating on private property, unless exempted by Section 41-2305(b). Mobile food trucks may operate on City owned property with prior written consent and approval by the City Manager or designee and shall be subject to the provisions of this Article as deemed appropriate by the City Manager or designee.

(b)

The provisions of this Article do not apply to any of the following:

(1)

Mobile food trucks operating in the public right-of-way subject to the provisions of Article XIV (Food Vending Vehicles) of Chapter 36 (Traffic) of the SAMC.

(2)

Mobile food trucks operating in conjunction with any city-sponsored event where the operator of the mobile food truck is operating pursuant to a valid contract with the City.

(3)

Mobile food trucks operating in conjunction with an approved land use certificate and/or special event permit for temporary outdoor activities.

(4)

Mobile food trucks operating in a construction site (site with a valid building or grading permit) or business which does not vend to the general public during the time on the site and does not conduct operations on any single private property for more than forty-five (45) minutes.

(c)

The provisions of this Article are not intended to provide exclusive regulation of the operation of mobile food trucks on private property. Mobile food trucks shall comply with all applicable state and federal laws and all local regulations imposed in other articles of this Chapter and other city ordinances, unless explicitly exempted under this Article. Should a conflict exist between the provisions of this Article and the provisions of other articles of this Chapter, the provisions of this Article shall prevail, unless otherwise determined by the Executive Director of the Planning and Building Agency.

(Ord. No. NS-3034, § 4, 12-20-22)

Sec. 41-2303. - Application, permit, and review requirements.

(a)

No mobile food truck shall operate on private property without obtaining approval of an administrative mobile food truck application and permit as established by the Executive Director of the Planning and Building Agency. Approval of the mobile food truck permit shall be granted only to the business owner/operator of the mobile food truck that holds a valid City business license and a health permit from the County of Orange Health Care Agency.

(b)

An approved permit for a mobile food truck shall be renewed on an annual basis on the anniversary date of the original approved permit. An application for renewal shall be submitted to the Planning and Building Agency no later than sixty (60) days prior to the expiration of the approved permit.

(c)

The business owner/operator of the mobile food truck shall maintain and store a copy of the mobile food truck permit within the mobile food truck and shall present the permit, upon request, to a city police officer, code enforcement officer, or any other person designated by the City to enforce this Article.

(Ord. No. NS-3034, § 4, 12-20-22)

Sec. 41-2304. - Zone requirements.

Mobile food trucks may operate on private property, as an ancillary use, that is zoned as mixed use, professional, commercial, or industrial, and all specific development and specific plan areas that have similar zones which allow for similar uses.

(Ord. No. NS-3034, § 4, 12-20-22)

Sec. 41-2305. - Property and location requirements.

Mobile food trucks may only operate on private property that comply with the following property and location requirements:

(a)

The private property is located along an arterial street, as identified in the Mobility Element of the General Plan.

(b)

The private property is developed in accordance with the development standards of this Chapter for the primary use(s) and the zoning designation of the property. Mobile food trucks may operate on a nonconforming site only if the following conditions are satisfied, as deemed appropriate by the Executive Director of the Planning and Building Agency:

(1)

All signage on the building(s) and site shall be brought into conformity with the requirements of this Chapter;

(2)

Landscaping shall be improved to bring the site closer into compliance with the landscaping requirements of this Chapter;

(3)

Parking areas in poor condition shall be improved and maintained in accordance with Section 41-1304 of this Chapter;

(4)

Bicycle parking shall be provided in accordance with Section 41-1307.1 of this Chapter.

(5)

Building(s) on the site shall be repainted as need; and/or

(6)

A trash enclosure in accordance with this Chapter shall be constructed or rehabilitated if one is already built on site.

(c)

The private property is not a stand-alone parking lot or undeveloped vacant property.

(d)

The private property is not developed as a service or gas station.

(e)

The private property does not contain a legally established eating establishment and/or is not located within three hundred (300) feet, as measured from the outermost boundary of the property, of a lot that contains a legally established eating establishment and which operates during the proposed mobile food truck hours of operation. If an eating establishment is established within this separation requirement subsequent to the mobile food truck being approved, nothing shall prohibit the mobile food truck from continuing to operate at the approved location.

(Ord. No. NS-3034, § 4, 12-20-22)

Sec. 41-2306. - Minimum lot area and maximum number of mobile food trucks per lot area.

A minimum lot size of ten thousand (10,000) square feet is required and no more than one (1) mobile food truck per ten thousand (10,000) square feet of lot area or integrated development site area, as defined in Section 41-83.5 of this Chapter, shall be allowed. However, in no event shall more than three (3) mobile food trucks be allowed to operate on a single lot or integrated development site.

(Ord. No. NS-3034, § 4, 12-20-22)

Sec. 41-2307. - Operational standards.

All mobile food trucks operating within private property shall comply with the following operational standards:

(a)

Mobile food trucks shall comply with all applicable federal, state, and local laws, ordinances and regulations including, without limitation, state food labeling and preparation requirements, fire codes and regulations, and Americans with Disabilities Act (ADA) and regulations.

(b)

Mobile food trucks shall not operate before 6:00 p.m. or after 2:00 a.m., including set-up and clean-up. If operating within two hundred (200) feet of a residential zone or property used for residential purposes, the mobile food truck shall not operate after 10:00 p.m. on Sunday through Thursday and 11:59 p.m. on Friday and Saturday.

(c)

Mobile food trucks shall not be parked or stored overnight on the permitted vending site.

(d)

Mobile food trucks shall only be parked and operate from the area approved on the site plan by the Planning and Building Agency.

(e)

Mobile food trucks shall only occupy parking spaces not required to meet the minimum parking requirements of the primary use(s) on the property per Article XV (Off-Street Parking) of this Chapter. This requirement does not apply if the hours of operation for the mobile food truck and primary use(s) do not coincide. However, in no case shall a mobile food truck and its operations occupy more than twenty-five (25) percent of the entire parking area. If multiple mobile food trucks operate on a lot, then no more than fifty (50) percent of the entire parking area shall be occupied.

(f)

The outdoor dining area shall comply with corner and driveway obstruction line-of-sight standards, as modified from time to time.

(g)

A minimum of one (1) permanent and accessible public restroom shall be provided on-site and within fifty (50) feet of the mobile food truck and shall be available for use by the employees and customers of the mobile food truck during all hours of operation. Portable restrooms are prohibited to satisfy this requirement.

(h)

A maximum three hundred fifty (350) square-foot, uncovered seating area, may be provided to serve the patrons of the mobile food truck. The seating area may consist of portable chairs, tables, canopies, and barricades which shall be removed prior to closure of the mobile food truck. The seating area shall be located in an area of the site that does not interfere or obstruct any landscape, parking stalls, driveways and circulation, walkways, or fire lanes and hydrants.

(i)

No part of the mobile food truck operations, including seating and equipment, shall encroach onto the public sidewalk or street. The mobile food truck operator shall manage customer queuing and ensure pedestrian accessibility is maintained.

(j)

At minimum, two (2) waste receptacles shall be provided on-site and adjacent to the mobile food truck during all hours of operations and shall be removed prior to the closure of the mobile food truck.

(k)

Litter generated by the mobile food truck and its patrons, within a fifty (50) foot radius of the mobile food truck, shall be removed prior to the closure of the mobile food truck and disposed at an approved

commissary.

(l)

Lighting shall be provided during hours of darkness to ensure customer safety. Lighting shall not create glare and shall be directed downward and away from adjacent properties.

(m)

The mobile food truck and its operations shall at all times comply with the noise provisions pursuant to Section 10-153 of Chapter 10 of the SAMC.

(n)

Mobile food truck operators shall be responsible for controlling smoke and odors caused by the mobile food truck and its operations.

(o)

No signage other than that exhibited on the mobile food truck may be displayed.

(p)

No alcoholic beverages shall be served or sold by the mobile food truck.

(q)

No mobile food truck shall cause or dispose of oil or grease on the lot. Wastewater generated on-site shall not be released on-site or into the storm drainage system.

(r)

The mobile food truck shall be entirely self-sufficient in regards to gas, water, and wastewater. The use of generators (i.e. portable or vehicle mounted) to supply electricity to the mobile food truck and its operations is prohibited. A mobile food truck shall utilize an electrical connection to maintain power. The electrical connection shall be approved by the Planning and Building Agency and shall be installed adjacent to the mobile food truck and in a manner that does not create a public safety hazard.

(Ord. No. NS-3034, § 4, 12-20-22)

Sec. 41-2308. - Enforcement, modification, revocation and termination of mobile food truck permit.

(a)

It is unlawful for any property owner, business owner, operator, tenant, or other person in control of property within the city for which the provisions set forth in this Article apply, to operate a mobile food truck without a mobile food truck permit, or to fail to comply with each and every condition of that mobile food truck permit.

(b)

Each and every violation of this Article shall constitute a separate violation and shall be subject to all remedies and enforcement measures authorized by the SAMC. Additionally, as a nuisance per se, any violation of this Article shall be subject to injunctive relief, revocation of the mobile food truck permit, disgorgement and payment to the City of any and all monies unlawfully obtained, costs of abatement, costs of investigation, attorney's fees, and any other relief or remedy available at law or equity. The City may also pursue any and all remedies and actions available and applicable under local and state laws for any violations committed by the mobile food truck permittee and persons related or associated with the business.

(c)

When an authorized City of Santa Ana representative finds that any of the provisions of this Article have been violated or that any of the following findings of fact can be made, the Executive Director of the Planning and Building Agency, or its designee, may revoke, suspend, or modify the mobile food truck permit:

(1)

The mobile food truck permit was issued, in whole or in part, on the basis of a misrepresentation or omission of a material statement in the application;

(2)

One (1) or more of the requirements of the mobile food truck permit have not been substantially fulfilled or have been violated;

(3)

The mobile food truck and its operations authorized in compliance with the mobile food truck permit are in violation of any code, law, ordinance, regulation or statute of the city, state or federal government; or

(4)

The mobile food truck and its operations authorized in compliance with the mobile food truck permit have become detrimental to the public convenience, health, interest, safety or welfare, or the manner of operation constitutes or is creating a nuisance.

(d)

No such revocation shall become effective until the mobile food permit holder has been notified in writing by certified mail of the right to appeal the revocation decision pursuant to the provision of Chapter 3 of the SAMC. If a timely appeal is filed, the revocation shall be effective only upon decision of a hearing officer as provided for in Chapter 3 of the SAMC. Otherwise, the revocation shall become effective after the time for appeal has passed.

(e)

A mobile food truck permit shall be terminated if the mobile food truck permit is not renewed pursuant to Section 41-2303 of this Article.

(Ord. No. NS-3034, § 4, 12-20-22)

Secs. 41-2309—41-2399. - Reserved. ARTICLE XXIII. - GROUP HOME FACILITIES

This article is intended to preserve the residential character of residential neighborhoods, avoid institutionalization of the disabled, and further the purposes of the California Fair Employment and Housing Act, the Federal Fair Housing Act Amendments of 1988, and the California Lanterman Development Disabilities Services Act by, among other things: (1) allowing group homes in the City, subject to streamlined administrative approval; (2) limiting the secondary impacts of group homes by reducing noise and traffic, preserving safety and providing adequate on street parking; (3) providing opportunities afforded to non-disabled individuals to use and enjoy a dwelling unit in a residential neighborhood; and (4) providing comfortable residential living environments that will enhance the opportunity for the disabled and for individuals recovering from addiction to be successful in their programs.

(Ord. No. NS-3084, § 27, 9-16-25)

Sec. 41-2401. - Applicability and permitted zones.

(a)

Permit required. No group home may be established or operated in the City without:

(1)

A Group Home Special Use Permit issued in accordance with Section 41-2402 of this chapter, if the group home has six (6) or fewer occupants; or

(2)

A conditional use permit issued in accordance with Section 41-2403 of this chapter and an Operator's Permit issued in accordance with Article XXIII of Chapter 8 of the SAMC, if the group home has seven (7) or more occupants.

(b)

Permitted zones. A group home with requisite permits issued in accordance with this article may be established in the zoning districts provided in the table below.

• Subject to issuance of a Group Home Special Use Permit in conformance with applicable operational and development standards. ** Permitted (P) where single-family residential is a principally permitted use; CUP is required where multiple-family residential use is a principally permitted use; in zones where both single- and multiple-family use are principally permitted uses, a CUP shall be required.

(c)

As required by state or federal law, a residential care facility serving six (6) or fewer persons is exempt from this section, except that such facilities must comply with Section 41-2402(b)(15)(iii); and is considered a residential use of property and a single-family dwelling.

(Ord. No. NS-3084, § 27, 9-16-25)

Sec. 41-2402. - Administrative approval—Group home special use permit.

(a)

Consistent with Section 41-2401, no group home may be established or operated in the City without an administrative approval of a Group Home Special Use Permit issued in accordance with this section.

(b)

Such group homes shall comply with the following requirements for issuance of a Group Home Special Use Permit:

(1)

If the group home operator is not the property owner, written approval from the property owner to operate a group home at the property is required.

(2)

No group home may be established or operated on any lot that is within six hundred fifty (650) feet, as measured from the closest property lines, from another group home. This standard shall not apply to group homes with six (6) or fewer occupants located in the A1, RE, or R1 zoning districts that are not operating as a sober-living home.

(3)

The group home must have a house manager who resides at the group home or any multiple of persons acting as a house manager who are present at the group home on a 24-hour basis, seven (7) days a week, and who are responsible for the day-to-day operation of the group home.

(4)

If the dwelling unit has an accessory dwelling unit or junior accessory dwelling unit, occupants of all units on the property will be combined to determine whether or not the limit of six (6) occupants has been exceeded.

(5)

A group home in no event shall have more than seven (7) occupants, including the house manager.

(6)

The group home shall not be located in an accessory dwelling unit or junior accessory dwelling unit unless the primary dwelling unit is used for the same purpose.

(7)

All garage and driveway spaces associated with the dwelling unit shall, at all times, be available for the parking of vehicles, unless modified through the construction of an accessory dwelling unit or junior accessory dwelling unit in compliance with all applicable standards. Residents and the house manager may each only store or park a single vehicle at the dwelling unit or on any street within five hundred (500) feet of the dwelling unit. The vehicle must be operable and currently used as a primary form of transportation for a resident of the group home.

(8)

Occupants must not require and operators must not provide "care and supervision" as those terms are defined by Health and Safety Code Section 1503.5 and Section 80001(c)(3) of Title 22, California Code of Regulations

(9)

Integral group home facilities are not permitted. Applicants shall declare, under penalty of perjury, that the group home does not operate as an integral use/facility.

(10)

The property must be fully in compliance with all building codes, municipal code and zoning.

(11)

At least forty-eight (48) hours prior to an occupant's eviction from or involuntary termination of residency in a group home, the operator thereof shall:

i.

Notify the person designated as the occupant's emergency contact or contact of record that the occupant will no longer be a resident at the home;

ii.

Contact the Orange County Health Care Agency OC Links Referral Line and/or another entity designated by the City to determine the services available to the occupant, including, but not limited to, alcohol and drug inpatient and outpatient treatment;

iii.

Notify the city's Homeless Services Division that an occupant is no longer a resident at the home, and determine the services available therefrom;

iv.

Provide the information obtained from paragraphs (ii) and (iii) of this subsection and any other treatment provider or service to the occupant prior to his or her release on a form provided by the City and obtain the occupant's signed acknowledgement thereon;

v.

Provided, however, that if the occupant's behavior results in immediate termination of residency pursuant to rules approved by the City as part of the Group Home Special Use Permit for that facility, the operator shall comply with paragraphs (i) through (iv) of this subsection as soon as possible.

(12)

Prior to an occupant's eviction from or involuntary termination of residency in a group home, the operator thereof shall also:

(i)

Make available to the occupant transportation to the address listed on the occupant's driver license, stateissued identification card, or the permanent address identified in the occupant's application or referral to the group home;

(ii)

Provided, however, that should the occupant decline transportation to his or her permanent address or otherwise has no permanent address, then the operator shall make available to the occupant transportation to another group home or a residential care facility that has agreed to accept the occupant.

(13)

The group home operator shall maintain records for a period of one (1) year following eviction from or involuntary termination of residency of an occupant that document compliance with subsections (11) and (12) of this section; provided, however, that nothing herein shall require an operator to violate any provision of state or federal law regarding confidentiality of health care information. The operator may not satisfy the obligations set forth in subsection (12) of this section by providing remuneration to the occupant for the cost of transportation.

(14)

All drivers of vehicles picking up or dropping off persons at a group home shall comply with all applicable provisions of this Code and the Vehicle Code, including, but not limited to, those provisions regulating licensure and parking, standing and stopping.

(15)

In addition to the regulations outlined above, the following shall also apply to sober-living homes:

(i)

All occupants, other than the house manager, must be actively participating in a certified or licensed recovery program, which may include, but is not limited to, Alcoholics Anonymous or Narcotics Anonymous, and the sober-living home must maintain current records of meeting attendance. Under the sober-living home's rules and regulations, refusal to actively participate in such a program shall be cause for eviction.

(ii)

The sober-living home's rules and regulations must prohibit the use of any alcohol or any non-prescription drugs at the sober-living home or by any individual recovering from an addiction either on or off site. The sober-living home must also have a written policy regarding the possession, use and storage of prescription medications. The facility cannot dispense medications but must make them available to the residents. The possession or use of prescription medications is prohibited except for the person to whom they are prescribed, and in the amounts/dosages prescribed. These rules and regulations shall be posted on site in a common area inside the dwelling unit. Any violation of this rule must be cause for eviction under the sober-living home's rules for residency and the violator cannot be re-admitted for at least ninety (90) days. Any second violation of this rule shall result in permanent eviction. Alternatively, the sober-living home must have provisions in place to remove the violator from contact with the other residents until the violation is resolved.

(iii)

The number of occupants subject to the sex offender registration requirements of Penal Code Section 290 does not exceed the limit set forth in Penal Code Section 3003.5 and does not violate the distance provisions set forth in Penal Code Section 3003.

(iv)

The sober-living home shall have a written visitation policy that shall preclude any visitors who are under the influence of any drug or alcohol.

(v)

The sober-living home shall have a good neighbor policy that shall direct occupants to be considerate of neighbors, including refraining from engaging in excessively loud, profane or obnoxious behavior that would unduly interfere with a neighbor's use and enjoyment of their dwelling unit. The good neighbor policy shall establish a written protocol for the house manager, owner or operator to follow when a neighbor complaint is received.

(vi)

The sober-living home shall not provide any of the following services as they are defined by Section 10501(a)(6) of Title 9, California Code of Regulations: detoxification; educational counseling; individual or group counseling sessions; and treatment or recovery planning.

(16)

An applicant may seek relief from the strict application of this section by submitting an application to the director setting forth specific reasons as to why accommodation over and above this section is necessary under state and federal laws, pursuant to Sections 41-652 through 41-655 of the SAMC.

(c)

A copy of the Group Home Special Use Permit shall be kept at the group home at all times and be made available to any City official upon request.

(d)

The Planning and Building Agency Executive Director or designee will develop and adopt a standardized Group Home Special Use Permit application. Each Group Home Special Use Permit application must be submitted using the City's application, accompanied by the appropriate filing fee. The applicant shall be responsible for paying any fees that have been established from time to time by the City Council to process the Group Home Special Use Permit at the time of submission of the application.

(e)

A Group Home Special Use Permit shall be issued by the Planning and Building Agency Executive Director or designee as a ministerial matter if the applicant is in compliance, or has agreed to comply, with this section. At least ten (10) days prior to issuing a Group Home Special Use Permit, the director shall cause written notice to be mailed to the owner of record and occupants of all properties within five hundred (500) feet of the location of the group home. Prior to issuance of the Group Home Special Use Permit, the director shall hold a public hearing for the purpose of receiving information regarding compliance with the applicable provisions of this section. The issuance of the Group Home Special Use Permit shall be denied upon a determination, and if already issued shall be denied or revoked by the director upon a public hearing, by the director that any of the following circumstances exist:

(1)

Any owner/operator has provided materially false or misleading information on the application or omitted any pertinent information;

(2)

Any owner/operator or staff person has an employment history in which he or she was terminated during the past two (2) years because of physical assault, sexual harassment, embezzlement or theft; falsifying a drug test; and selling or furnishing illegal drugs or alcohol.

(3)

Any owner/operator or staff person has been convicted of or pleaded nolo contendere, within the last seven (7) to ten (10) years, to any of the following offenses:

i.

Any sex offense for which the person is required to register as a sex offender under California Penal Code Section 290 (last ten (10) years);

ii.

Arson offenses—Violations of Penal Code Sections 451—455 (last seven (7) years);

iii.

Violent felonies, as defined in Penal Code Section 667.5, which involve doing bodily harm to another person (last ten (10) years); or

iv.

The unlawful sale or furnishing of any controlled substances (last seven (7) years).

(4)

Any owner/operator or staff person is on parole or formal probation supervision on the date of the submittal of the application or at any time thereafter.

(5)

The owner/operator accepts residents, other than a house manager, who are not disabled as defined by the Fair Housing Amendments Act and Fair Employment and Housing Act.

(6)

A Group Home Special Use Permit for a sober-living home shall also be denied upon a determination, and if already issued, any transfer shall be denied or revoked, upon a hearing, by the Planning and Building Executive Director or designee that any of the following additional circumstances exist:

i.

Any owner/operator or staff person of a sober-living home is a recovering drug or alcohol abuser and upon the date of application or employment has had less than one (1) full year of sobriety.

ii.

The owner/operator of a sober-living home fails to immediately take measures to remove any resident who uses alcohol or illegally uses prescription or non-prescription drugs, or who is not actively participating in a legitimate recovery program from contact with all other sober residents.

iii.

The sober-living home, as measured by the closest property lines, is located within six hundred fifty (650) feet of any other sober-living home or alcoholism or drug abuse recovery or treatment facility. If alcoholism or drug abuse recovery or treatment facility moves within six hundred fifty (650) feet of an existing soberliving homes this shall not cause the revocation of the sober-living home's permit or be grounds for denying a transfer of such permit.

(7)

For any other significant and/or repeated violations of this section and/or any other applicable laws and/or regulations, including, but not limited to, failure to comply with the provisions of subsections (b)(11) through (14).

(8)

Revocation shall not apply to any group home, which otherwise would cause it to be in violation of this section, that has obtained a reasonable accommodation pursuant to Section 41-652 through 41-655.

(Ord. No. NS-3084, § 27, 9-16-25)

Sec. 41-2403. - Conditional use permit required.

In addition to meeting the requirements for approval of a Group Home Special Use Permit as contained in Section 41-2402, a conditional use permit for a group home with seven (7) or more occupants or a residential care facility with seven (7) or more occupants, where such uses are permitted subject to a conditional use permit, shall be required, subject to the following conditions:

(a)

The requirements of Division 3 of Article V of Chapter 41, Development Project Plan Approval, have been met.

(b)

The findings for granting a conditional use permit in accordance with subsection 41-638 are met.

(c)

The separation requirement in Section 41-2402(b)(2) may be reduced if the planning commission determines that such location will not result in an over-concentration of similar uses.

(Ord. No. NS-3084, § 27, 9-16-25)

Sec. 41-2404. - Existing group homes with six or fewer occupants—Compliance.

(a)

Existing group homes must apply for a Group Home Special Use Permit within 90 days of the effective date of this article.

(b)

Group homes that are in existence upon the effective date of this article shall have one year from the effective date of this article to comply with its provisions, provided that any existing group home, which is serving more than six (6) residents, must first comply with the six (6) resident maximum.

(c)

Existing group homes obligated by a written lease exceeding one (1) year from the effective date of the ordinance, or whose activity involves investment of money in leasehold or improvements such that a longer

period is necessary to prevent undue financial hardship, are eligible for up to one (1) additional year of grace period pursuant to approval by the Planning and Building Agency Executive Director or designee.

(Ord. No. NS-3084, § 27, 9-16-25)

Sec. 41-2405. - Existing group homes with seven or more occupants—Compliance.

Group homes with seven (7) or more occupants that are in existence upon the effective date of this article may continue to operate subject to the following:

(a)

The operator obtains an Operator's Permit pursuant to Section 8-3600 et seq., within one hundred twenty (120) days from the effective date of this article; and

(b)

The group home is in full compliance with all conditions of this chapter, including obtaining a conditional use permit, within one (1) year from the effective date of this article. Notwithstanding the foregoing, an existing group home subject to this section obligated by a written lease exceeding one (1) year from the effective date of the chapter, or whose activity involves investment of money in leasehold or improvements such that a longer period is necessary to prevent undue financial hardship, are eligible for up to one (1) additional year of grace period pursuant to approval by the Planning and Building Agency Executive Director or designee.

(Ord. No. NS-3084, § 27, 9-16-25)

Sec. 41-2406. - Conflict.

If this article conflicts with any other provision of this Code, this article shall prevail.

(Ord. No. NS-3084, § 27, 9-16-25)

Sec. 41-2407. - Severability.

Should any section, subsection, clause, or provision of this article for any reason be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this article; it being hereby expressly declared that this Ordinance, and each section, subsection, sentence, clause and phrase hereof would have been prepared, proposed, approved and ratified irrespective of the fact that any one (1) or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. This Article shall be prospective in application from its effective date.

(Ord. No. NS-3084, § 27, 9-16-25)