Santa Ana Municipal Code § 41-559 Specific exceptions

PCD (planned community development) districts are specifically subject to the regulations contained in this division.

(Code 1952, § 9230.360; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-599, § 1, 8-20-62)

As part of the general plan of community development of the city, the purpose of this district is to encourage, preserve and improve the health, safety and general welfare of the people of the city by encouraging the use of contemporary land planning principles and coordinated community design.

The planned community development district is created in recognition of the economic and cultural advantages that will accrue to the residents of an integrated, planned community development of sufficient size to provide related areas for various housing types; retail and service activities; industrial operations; recreation, school, public facilities; and other uses of land. This district is designed for use where the area comprising such development project is under single ownership at the time of its classification of this district.

(Code 1952, § 9230,361; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-599, § 1, 8-20-62)

To be reclassified to the PCD district an area shall contain not less than five hundred (500) contiguous acres under single ownership or controlled by a single entity at the time of application and until the effective date of the ordinance approving the proposed general plan of development.

An area of less than five hundred (500) contiguous acres may be added to an existing PCD district provided said land is made a part of the original general plan of development in all respects prior to its incorporation into said district by way of amendment of the general plan of development as provided in section 41-540. "Contiguous" shall mean having a common boundary with or physically so located that in the opinion of the city council said additional area bears a significant relationship to the approved and adopted general plan of development.

(Code 1952, § 9230.362; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-599, § 1, 8-20-62)

In addition to the procedure outlined in section 41-659 through section 41-667, there shall be provided by the applicant, prior to the acceptance of the petition for reclassification by the planning department, a general plan of development. Said general plan of development shall consist of maps, descriptive statements of objectives, principles and standards used in its formulation, and shall include the following components:

(1) Land use component.

(2) Circulation component.

(3) Population component.

(4) Subdivision design component.

(5) Services and facilities component.

(6) Construction order component.

The general plan of development may also include additional components.

(Code 1952, § 9230.363; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-599, § 1, 8-20-62; Ord. No. NS-2356, § 1, 7-6-98)

A land use component shall consist of a map or maps, setting forth the distribution, location and extent of the acres of land devoted to each category of land use proposed as part of the general plan of development. Such uses may include single-family residential, two (2) family residential, three (3) or more family residential, mixed types of residential; neighborhood retail shopping facilities, community retail shopping facilities, regional retail shopping facilities, office facilities, service facilities; wholesale or goods-distribution facilities; general types of industrial facilities; education, religious, recreation, public and semipublic facilities; or other categories of public or private uses of land. Said component shall also contain a descriptive statement of objectives, principles and standards used for its formulation.

(Code 1952, § 9230.364; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-599, § 1, 8-20-62)

A circulation component shall consist of a map or maps, setting forth the general location and extent of all transportation facilities proposed as part of the general plan of development. Such facilities may include major and local thoroughfares, transportation routes, terminals, heliports; and the delineation of such systems on the land; one-way street systems; grade separations; divided roads; left-turn lanes; subways; monorail routes; and such other matters as may be related to the provision for the circulation of traffic within the planned community related to the land use component. Said circulation component shall include a designation of proposed street widths. Said component shall also contain a descriptive statement of objectives, principles and standards used for its formulation.

(Code 1952, § 9230.365; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-599, § 1, 8-20-62)

A population component shall contain a descriptive statement of the standards of population density and building intensity for the various proposed land uses, including estimates of future population characteristics and change within the planned community correlated with the other components of the general plan of development. The supporting data shall include, but not be limited to, dwelling (housing) units per acre for the various residential uses proposed; and square footage by type for the various offices and retail facilities including sufficient data to calculate traffic generation, parking requirements, water consumption, sewerage needs and the necessary capacity of related utilities and services, traditionally rendered by public or private organizations for a population of such size, as is projected for the completed, planned community.

(Code 1952, § 9230.366; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-599, § 1, 8-20-62)

A subdivision design component shall contain a descriptive statement of the principles governing the proposed subdivision of land or air including lot design for various proposed land uses. This component shall be in sufficient detail so that it can serve as the basis for determining the conformity of any site plan to the general plan of development.

(Code 1952, § 9230.367; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-599, § 1, 8-20-62)

A services and facilities component shall contain a map or maps setting forth the general location and extent of any and all existing and proposed systems for sewerage, domestic water supply and distribution, refuse disposal, drainage, local utilities and any rights-of-way, easements, facilities and appurtenances necessary therefor. Said component shall also contain a descriptive statement setting forth objectives, principles and standards used for its formulation, as well as a detailed statement describing the proposed ownership, method of operation, and maintenance of each such service and facility.

(Code 1952, § 9230.368; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-599, § 1, 8-20-62)

A construction order component shall contain a map or maps setting forth the proposed chronological order of construction relating each proposed use and structure to the construction of the various services and facilities as may be required herein or as part of the general plan of development. Said component shall include estimated completion dates and shall specify the proposed order of request for utility release or other authority to occupy completed structures so as to provide a basis for determining the adequacy of the related services and facilities for each separate construction phase.

(Code 1952, § 9230.369; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-599, § 1, 8-20-62)

The general plan of development may include any additional components including, but not limited to, an economic feasibility study or an economic benefits analysis if either of such is considered necessary by the applicant or required by the planning commission or city council for the physical development of the project or to aid in evaluating the impact and effect on other existing or proposed facilities and services of the city; a recreation component; public buildings component providing consideration for administrative and public safety quarters; and any others required, depending upon the nature of the particular proposed development.

(Code 1952, § 9230.370; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-599, § 1, 8-20-62)

The general plan of development shall include supporting maps drawn to scale, diagrams, charts, descriptions, reports and explanation of methods utilized in its formulation.

(Code 1952, § 9230.371; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-599, § 1, 8-20-62)

Prior to submission of a proposed general plan of development to the planning commission, the plan shall be referred to the department of public works, department of building safety, fire department, police department, recreation and parks department and library department. Each of said departments shall submit to the planning department a written evaluation and report concerning those aspects of the proposed plan which concern the particular department. Said reports shall be forwarded along with the plan to the planning commission and city council.

(Code 1952, § 9230.372; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-599, § 1, 8-20-62)

Public notification of the hearing on the general plan of development shall be incorporated into the notice of proposed reclassification as required in sections 41-659 through 41-667. Specific mention of any proposed modification or amendment of any other ordinance of this city or section of this Code shall be included in said notice.

Action by the planning commission and city council on the request for reclassification may be concurrent with but shall not precede the adoption of the entire general plan of development. Said plan as presented may be approved, modified, conditionally approved or rejected in part or in entirety by the planning commission and the city council. The action of the planning commission on the request for reclassification and on the general plan of development shall be advisory only but shall include recommended conditions of approval of the general plan of development.

(Code 1952, § 9230,373; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-599, § 1, 8-20-62)

Any amendment or substantial change of the adopted general plan of development shall proceed as prescribed in section 41-550.

(Code 1952, § 9230.374; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-599, § 1, 8-20-62)

To assure that any improvements specified as part of the general plan of development or as a necessary prerequisite to the utility release or authority to use or occupy any area or structure completed under the terms of said plan or each phase as outlined in the construction order component, or any agreements executed by the city council according to the provisions of this chapter, a corporate surety bond or cash bond must be furnished guaranteeing the faithful performance of the work or agreements and the payment of any costs to the city in a sum equal to the total as recommended by the department of public works and approved by the city council.

(Code 1952, § 9230.375; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-599, § 1, 8-20-62)

Prior to certification of the site plans as required in section 41-555, the department of public works shall determine the amount of corporate surety bond or cash bond as required by section 41-552, and submit said amount to the city council for approval.

Said corporate surety bond or cash bond shall cover each separate facility or utility required as part of each phase of development as outlined in the approved construction order component of the general plan of development. Provided, however, part of the corporate surety bond, or cash bond amount may be released when any specific part of each phase is completed, upon recommendation of the department of public works and the approval of the city council.

(Code 1952, § 9230.376; Ord. No. NS-455, § 1, 6-2060; Ord. No. NS-599, § 1, 8-20-62)

Editor's note— Ord. No. NS-1700, § 3, enacted Nov. 21, 1983, repealed §§ 41-554 and 41-555, relative to site plans. Said sections were derived from Code 1952, §§ 9230.377, 9230.378; Ord. No. NS-455, § 1, adopted June 20, 1960; and Ord. No. NS-599, § 1, adopted Aug. 20, 1962.

In the event of conflict between the provisions of this chapter and any provisions of chapters 27 or 34 of this Code; or conflict between a clearly specified detail of the adopted general plan of development and provisions of chapters 27 and 34 of this Code; or any combination of the above, then the provisions of the ordinance approving or adopting the general plan of development enacted by the city council shall govern if, and only if:

(1) The notice of public hearing as required herein states the nature of the conflict, the identification of the Municipal Code section with which there is conflict, and the extent to which it is proposed to modify said section; and

(2) The ordinance enacted by the city council approving or adopting the general plan of development makes specific reference to the extent to which any specific Municipal Code section is modified.

(Code 1952, § 9230.379; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-599, § 1, 8-20-62)

In the event any real property in the adopted general plan of development is conveyed in total or in part after adoption of said general plan of development as long as the property remains zoned PCD, the buyers thereof shall be bound by the provisions of this chapter and the adopted general plan of development. However, nothing herein shall be construed to create nonconforming lots, building sites, buildings, or uses by virtue of any such conveyance of lot, building site, building or part of the development credited in conformance with said plan. Subsequent structural additions or alterations may be made provided the provisions of this chapter and other ordinances are adhered to, to the extent that said ordinances may apply.

(Code 1952, § 9230.380; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-599, § 1, 8-20-62)

In the event the subdivision of all or part of the territory within the boundaries of the adopted and recorded general plan of development is proposed or required by law, the provisions of section 41-554 may be excluded as part of the site plan provided they are required by and submitted as part of the subdivision procedure as required by the subdivision regulations of this city, chapter 34 of this Code.

(Code 1952, § 9230.381; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-599, § 1, 8-20-62)

Since developments of the scope allowed by this district were not contemplated prior to the passage of certain regulatory sections contained in this chapter and chapters 27 and 34 of this Code, the following specific deviations are allowed if specifically stated on the approved and adopted plan with reference to the conflicting Municipal Code section as provided for herein.

(Code 1952, § 9230.382; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-599, § 1, 8-20-62)

In the event the city is, in the opinion of the city council, unable for any reason to provide speedy and direct connection to city domestic water facilities, an alternative facility may be approved by the city council provided an agreement is entered into between the owner of the alternative domestic water system and the city council assuring that its construction, operation and maintenance are to city standards.

(Code 1952, § 9230.382.1; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-599, § 1, 8-20-62)

In the event the city is, in the opinion of the city council, unable for any reason to provide speedy and direct connection to the city sewerage system, an alternative system may be approved by the city council provided an agreement is entered into between the owner of the alternative sewerage system and the city council assuring its construction, operation and maintenance are to city standards.

(Code 1952, § 9230.382.2; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-599, § 1, 8-20-62)

The minimum width of streets may be less than sixty (60) feet, provided:

(1) The proposed street width is clearly specified on the general plan of development.

(2) Sufficient data is submitted as part of the required components of the general plan of development to determine that the proposed street width is sufficient to accommodate anticipated traffic volume.

(Code 1952, § 9230.382.3; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-599, § 1, 8-20-62)

Whenever such intent does not contradict the provisions of this chapter or chapters 27 and 34 as they relate to the streets and highways element of the city's general plan of community development or the protection of opportunities for reasonable development of surrounding land adjacent to a development proposed in this chapter, streets which are intended to be kept continuously closed to public travel or are at all times posted as private streets may be so shown upon a final map of subdivision, provided an agreement is entered into between the owner of said private streets and the city council assuring their construction, operation and maintenance are to city standards.

(Code 1952, § 9230.382.4; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-599, § 1, 8-20-62)

The length of cul-de-sac streets may exceed five hundred (500) feet, but in no case thirteen hundred (1,300) feet, provided:

(1) Through property easements are provided to allow the looping of domestic water and sewer lines to the satisfaction of the director of public works; and

(2) Through property easements to the nearest accessible street are provided sufficient for the movement of public safety vehicles on instant demand and such vehicular route is so maintained as to remain passable at all times.

(Code 1952, § 9230.382.5; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-599, § 1, 8-20-62)

In the event certain land areas and buildings are provided within the planned community for private recreational use, the owner of such land and buildings shall enter into an agreement with the city council to assure the continued operation and maintenance to a predetermined reasonable standard.

(Code 1952, § 9230.383; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-599, § 1, 8-20-62)

Any application for reclassification from the PCD district to any other district contained within this chapter or hereafter enacted shall be deemed and construed to be a proposed amendment to the adopted general plan of development. Said application shall be processed as prescribed in section 41-551.

(Code 1952, § 9230.384; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-599, § 1, 8-20-62)

Unless otherwise prohibited by law within the city, any use of land or buildings which is clearly designated by type or category on the approved and adopted general plan of development and subsequently approved site plans, shall be permitted in the PCD district.

(Code 1952, § 9230.385; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-599, § 1, 8-20-62; Ord. No. NS-1036, § 10, 9-8-70; Ord. No. NS-1732, § 46, 6-25-84)

All property within the PCD district is declared to be in height district I.

(1) No building or structure shall exceed thirty-five (35) feet in overall height on any lot or area designated for residential use in the adopted general plan of development.

(2) On any lot or portion thereof or area, designated for professional, commercial, industrial, or other nonresidential land use in the adopted general plan of development, no building or structure shall exceed thirty-five (35) feet in height within one hundred forty (140) feet of property designated for residential land use on the adopted general plan of development.

(3) Should paragraph (2) above be met, any lot or area designated for professional, commercial, industrial or other nonresidential land use in the adopted general plan of development may exceed thirty-five (35) feet in height provided such building or structure has four (4) lineal feet of setback for each one (1) foot of building height measured from subject building to any property or area designated for residential land use in the adopted general plan of development.

(4) Should paragraphs (2) and (3) above be met, there shall be provided and maintained on the property in question a fifteen (15) foot landscaped strip along any abutting property line or area boundaries delimiting residential land use in the adopted general plan of development. Said fifteen (15) foot landscaped strip shall include not less than one (1) tree for every ten (10) lineal feet of landscaped strip and said tree shall be not less than ten (10) feet in height at time of planting; trees to be of any of the species as set forth in section 41-602.

(Code 1952, § 9230.386; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-599, § 1, 8-20-62)

Required yards shall be measured from the nearest wall of the main building to the street line or alley line of said private travel way.

(Code 1952, § 9230.387; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-599, § 1, 8-20-62)

There shall be a front yard of not less than ten (10) feet on all residential lots or building sites.

(Code 1952, § 9230.388; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-599, § 1, 8-20-62)

There shall be a side yard of not less than ten (10) feet on all residential lots or building sites unless the main structure is constructed flush against a similar structure on an adjacent lot or site. On corner lots or building sites the side yard on the street side shall be not less than ten (10) feet; or there shall be a total combined side yard of not less than twenty (20) feet on each residential lot or building site allowing a minimum of zero (0) feet in one side yard. In no case shall there be less than a ten (10) foot side yard on the street side of a corner lot.

(Code 1952, § 9230.389; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-599, § 1, 8-20-62)

There shall be a rear yard of not less than ten (10) feet on all residential lots or building sites unless the required front yard is increased a distance equivalent to the same reduction in rear yard, thereby resulting in a possible zero (0) foot rear yard.

(Code 1952, § 9230.390; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-599, § 1, 8-20-62)

In any area designated on the adopted general plan of development for combination residential and commercial uses on the same lot or building site, the front and side yards required for residential uses may be waived when such residential uses are erected above the ground floor of a building in which the ground floor is used exclusively for nonresidential purposes.

(Code 1952, § 9230.391; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-599, § 1, 8-20-62)

There are no yard requirements, except that there shall be a yard of not less than ten (10) feet on all street sides of all lots or building sites used for nonresidential purposes. Said required yards shall be landscaped and maintained.

(Code 1952, § 9230.392; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-599, § 1, 8-20-62)

The following maximum lot coverage shall be applied to multiple-family residential land use categories designated on the adopted general plan of development:

Not more than fifty (50) per cent of the total lot area shall be devoted to main and accessory building area, driveways, open or enclosed parking areas and covered patios. The remaining fifty (50) per cent of the total lot area shall be devoted to landscaping; lawn area; noncommercial outdoor recreational facilities incidental to the residential development, such as private swimming pools, putting greens and tennis courts; walkways, uncovered patio areas; fences and necessary fire-fighting equipment and installations; further, the open space required by this section shall be arranged and provided in such a manner that it is accessible and usable for the purpose intended herein. Said open space shall not be devoted to commercial agricultural pursuits or any other activity in conflict with the stated purpose of this district. For purposes of the calculations required by this section, private streets shall not be included in total lot or building site area.

(Code 1952, § 9230.393; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-599, § 1, 8-20-62)

All uses of property designated on the approved and recorded general plan of development or subsequently approved site plans shall be operated and conducted in full compliance with the operational standards section of the most restrictive commercial or industrial district in which said specific use is permitted by article III of this chapter.

(Code 1952, § 9230.394; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-599, § 1, 8-20-62)

Editor's note— The text must be read in conjunction with the division heading.

Off-street parking and loading shall be provided in the manner and number prescribed by article XV of this chapter. However, of the off-street parking required by article XV, not less than one (1) parking space per dwelling unit shall be a covered parking stall; that is, said stall shall be in a carport or garage.

(Code 1952, § 9230.395; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-599, § 1, 8-20-62; Ord. No. NS-3044, § 19, 6-20-23)

Editor's note— The text must be read in conjunction with the division heading.

Editor's note— Ord. No. NS-1721, § 5, enacted April 2, 1984, repealed § 41-578, relative to signs in PCD districts. Said section was derived from Code 1952, § 9230.396; Ord. No. NS-455, § 1, adopted June 20, 1960; and Ord. No. NS-599, § 1, adopted Aug. 20, 1962.

Accessory buildings to be constructed on any lot or building site in any area designated on the adopted general plan of development for residential development shall comply with section 41-603.

(Code 1952, § 9230.397; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-599, § 1, 8-20-62)

Editor's note— The text must be read in conjunction with the division heading.

The following uses shall be subject to the following minimum square feet of gross floor area per dwellings unit, exclusive of garages, carports and unenclosed porches and patios:

(1) Bachelor apartment: Four hundred and fifty (450) square feet.

(2) One-bedroom apartment: Six hundred and fifty (650) square feet.

(3) Two or more bedroom apartment: Eight hundred (800) square feet and one hundred (100) square feet for each bedroom in excess of two (2).

(Code 1952, § 9230.398; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-599, § 1, 8-20-62)

Editor's note— The text must be read in conjunction with the division heading.

Whenever a question arises concerning the interpretation of any section of this district it shall be the duty of the planning director to ascertain all facts concerning said question and forward all data to the planning commission for a recommendation and then to the city council for a determination.

(Code 1952, § 9230.399; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-599, § 1, 8-20-62)

Editor's note— The text must be read in conjunction with the division heading.