Santa Ana Municipal Code Div. 3 Development Project Plan Approval

(a) Development project. As used in this division, the term "development project" includes any of the following projects:

(1) The new construction of any building or buildings, and additions to any existing building or buildings, if new floor space of two thousand five hundred (2,500) square feet or more is constructed or added; but excluding the following:

a. Single family homes;

b. Room additions to duplexes;

c. Tenant improvements not involving a change of use;

d. Facade improvements;

e. Equipment covers or structures to cover equipment.

(2) Tenant improvements involving an intensification or change in occupancy classification.

(3) Any project that requires a discretionary approval, excluding conditional use permits for operation of eating establishments between the hours of 12:00 a.m. and 5:00 a.m. and conditional use permits for the sale of alcoholic beverages.

(4) Construction of new digital billboards, conversion of an existing static billboard within to a digital billboard, conversion/reconstruction of existing on-premise digital signs, and relocation of billboards.

(b) Discretionary approval. As used in this division, the term "discretionary approval" means a conditional use permit, variance, minor exception, tentative map approval, change in use district designation, or similar entitlement for development, the granting of which involves the exercise of discretion, other than the plan approval process set forth in this division.

(Ord. No. NS-1700, § 2, 11-21-83; Ord. No. NS-2102, § 4, 2-4-91; Ord. No. NS-2303, § 1, 11-1-96; Ord. No. NS-2356, § 3, 7-6-98; Ord. No. NS-2923, § 10, 9-16-17; Ord. No. NS-3023, § 5, 7-19-22)

No building permit shall be issued for any development project unless consistent with plans that have been approved for such development project in accordance with this division, except as otherwise provided in a discretionary approval.

(Ord. No. NS-1700, § 2, 11-21-83; Ord. No. NS-2923, § 10, 9-16-17)

Plans for a development project shall be approved if the development project, as proposed in the plans, satisfies the following standards:

(1) The development project is consistent with the general plan and with any applicable specific plan adopted pursuant to California Government Code, Section 65450 et seq.

(2) The development project is consistent with development design and architectural standards adopted by resolution of the city council.

(3) The development project provides for adequate vehicular and pedestrian access and circulation and vehicular parking.

(4) The development project provides for adequate access for city emergency and service vehicles and equipment.

(5) The development project provides for adequate utility services.

(6) The development project complies with all applicable standards and regulations set forth in this chapter, including but not limited to landscaping requirements, trash area enclosures, and screening requirements for loading and parking areas.

(Ord. No. NS-1700, § 2, 11-21-83)

(a) All applications for plan approval for development project shall be filed with the director of planning and development services. The director of planning and development services shall, by written departmental regulations, establish procedures, forms and requirements for the filing of such applications, as appropriate to determine whether the development project will comply with the standards set forth in section 41-670.

(b) The city council may by resolution establish a fee to compensate the city for the administrative cost of the plan review process established by this division, including the appeal process set forth in section 41-674.

(Ord. No. NS-1700, § 2, 11-21-83)

(a) Except as provided in subsection (c) of this section, whenever approval of plans for a development project will constitute a substantial or significant deprivation of property rights of other landowners, the director of planning and development services shall set the matter for public hearing pursuant to Section 2-153 of this Code.

(b) Whenever a public hearing is required pursuant to subsection (a) of this section, the applicant may be required to provide the director of planning and development services with a list of the names and addresses of the property owners entitled to notice under said subsection (a).

(c) If the development project requires a discretionary approval in order to proceed, and if the application for such discretionary approval requires a public hearing by the planning commission or the city council, then no hearing need be held on the development plan separate and apart from the hearing on the application for the discretionary approval; provided, however, in such event:

(1) The notice of hearing on the application for the discretionary approval shall meet the requirements of subsection (a) of this section;

(2) Any approval of the development project plans by the director of planning and development services shall be subject to the condition that such plans be subsequently approved by the planning commission or city council following the hearing;

(3) The hearing shall extend to and include all issues relevant to development project plan approval under this division; and

(4) The planning commission or city council shall approve, conditionally approve, or disapprove the plans for the development project following the hearing.

(Ord. No. NS-1700, § 2, 11-21-83; Ord. No. NS-3044, § 10, 6-20-23)

(a) After receipt of a complete application for development project plan approval, the director of planning and development services shall approve, conditionally approve, or disapprove the plans. Conditions of approval shall be limited to those which reasonably relate to the purpose of assuring compliance with the standards set forth in section 41-670, and with requirements, if any, for subsequent discretionary approvals.

(b) In addition to rendering a decision on the plans, the director of planning and development services shall provide direction to the applicant on the following matters:

(1) The conformance of the project with the general plan, any applicable specific plan, and any design and architectural guidelines adopted by the city council.

(2) The application to the development project or regulations, procedures, and fees established by or pursuant to this Code.

(3) Subsequent discretionary approvals required for the project, if any.

(4) Departments and agencies of the city which will be involved in the determination of requirements for the development project.

(Ord. No. NS-1700, § 2, 11-21-83)

(a) Any person aggrieved by a determination of the director of planning and development services pursuant to section 41-673 may appeal such determination to the planning commission, which may then approve, conditionally approve, or disapprove the plan subject to the same standards and limitations as apply to the director of planning and development services under this division. The decision of the planning commission shall be final.

(b) Any decision on a development plan approved pursuant to section 41-672(c) may be appealed according to the same procedures established for appeal of a decision on the application for a discretionary approval which is required for the development project.

(Ord. No. NS-1700, § 2, 11-21-83)