Santa Ana Municipal Code § 41-593 Applicability of division

Footnotes:

--- (9) ---

Editor's note— Ord. No. NS-1200, § 1, adopted March 18, 1974 amended this Code by adding Div. 26, §§ 41-593—41-593.7.

The regulations contained in this division shall apply to all property within a district where the district symbol is combined with the "SD" (Specific Development) suffix and to all property within the "SD" (Specific Development) District, when applied as a separate district. In all cases where a plan in an SD District has been approved the "SD" symbol shall be followed by a number to designate the Specific Development plan number (e.g., SD-1) and the development that shall be permitted subject to the provisions of the approved specific development plan and the regulations of this chapter.

(Ord. No. NS-1200, § 1, 3-18-74)

The Specific Development District and suffix is authorized and established for the purpose of protecting and promoting the public health, safety and general welfare of the city and its residents by:

(1) Protecting and enhancing the value of properties by encouraging the use of good design principles and concepts, as related to the division of property, site planning and individual improvements with full recognition of the significance and effect they have on the proper planning and development of adjacent and nearby properties.

(2) Encouraging, securing and maintaining the orderly and harmonious appearance, attractiveness and aesthetic development of structures and grounds in order that the most appropriate use and value thereof be determined and protected.

(3) Providing a method whereby specific development plans are to be based on the general plan as well as other regulations, programs, and legislation as may in the judgment of the city be required for the systematic execution of the general plan.

(4) Recognizing the interdependence of land values and aesthetics and providing a method to implement this interdependence in order to maintain the values of surrounding properties and improvements and encouraging excellence of property development, compatible with the general plan for, and character of, the city, with due regard for the public and private interests involved.

(5) Insuring that the public benefits derived from expenditures of public funds for improvements and beautification of streets and public facilities shall be protected by exercise of reasonable controls over the character and design of private buildings, structures and open spaces.

(Ord. No. NS-1200, § 1, 3-18-74)

When the "SD" symbol is applied as a suffix in combination with the district symbol, the specific development regulations are intended to apply only to those uses which are permitted in the zoning district to which the suffix is combined. In any case where the development standards of the specific development plan differ from the regulations of the base zone the specific development plan shall apply.

(Ord. No. NS-1200, § 1, 3-18-74)

Any use or development of property within an "SD" District where the "SD" symbol is not combined with another district shall be in compliance with the ordinance adopting the specific development plan for such property.

(Ord. No. NS-1200, § 1, 3-18-74; Ord. No. NS-1356, § 1, 4-18-77)

(a) Any application for a permit for a building or structure in the SD district shall be accompanied or preceded by the filing with the director of planning of a specific development plan which shall be one (1) of either of the following types:

(1) A plan consisting of architectural drawings or sketches and plot plans, all to a workable scale, showing the elevation of the proposed building or structure, signs, proposed landscaping or other treatment of grounds around such building or structure, off-street parking and other physical features such as trees, hydrants, poles, and other installations, and in addition, such other plans, drawings or information as may be determined by the director of planning to be necessary to fully evaluate any requirement for a building permit;

(2) A plan consisting of standards and regulations pertaining to the following:

(i) The height, location, and bulk of buildings:

(ii) The location, arrangement and configuration of open space and building setback;

(iii) The location and design of off-street parking areas;

(iv) The number, size, and location of all signs;

(v) Such other regulations and standards as may be necessary to accomplish the purposes and intent of this division or to insure the proper execution of the general plan.

(b) Upon receipt of a specific development plan by the director of planning, the same shall be referred to the planning division for review and recommendations. The planning division shall review said plans for the purpose of ensuring that buildings, structures, and grounds will be in keeping with the neighborhood and will not be detrimental to the harmonious development of the city or impair the desirability of investment or occupation in the neighborhood.

(Ord. No. NS-1200, § 1, 3-18-74; Ord. No. NS-1356, § 2, 4-18-77; Ord. No. NS-2923, § 5, 9-16-17)

No permit for a building or structure shall be issued for any property subject to the provisions of this division until the following requirements have been met:

(a) If the property is within a zoning district classification combined with an SD suffix, the applicant must obtain for said property a conditional use permit permitting use of the property in accordance with a specific development plan. Said conditional use permit shall be approved, conditionally approved, or denied in accordance with the provisions of article V. All development shall be in compliance with all conditions of approval prior to issuance of a utility release by the director of building.

(b) If the property is within an SD district, the specific development plan must be adopted by ordinance of the city. Such ordinance, in addition to adopting the specific development plan, shall specify the uses permitted on such property, together with any restrictions or conditions pertaining to such uses.

(Ord. No. NS-1200, § 1, 3-18-74; Ord. No. NS-1356, § 3, 4-18-77; Ord. No. NS-2923, § 5, 9-16-17)

(a) The specific development plan shall be submitted in the form required by the director of planning and shall be accompanied by a filing fee in such amount as the city council shall from time to time determine by resolution, except that all governmental agencies are exempted from the fee requirement.

(b) Upon the filing of a specific development plan, the director of planning shall set the plan for public hearing at a regular or adjourned meeting of the planning commission, which is to be held not less than ten (10) days nor more than forty-five (45) days following completion of all requirements of applicable environmental quality laws, ordinances, rules and regulations.

(c) The director of planning shall give or cause to be given notice of the time and place of such hearing by mailing notices at least five (5) days prior to the date of such hearing to the owners of all property within three hundred (300) feet of the boundaries of the property, as shown on the latest available tax roll. The names and addresses of such owners shall be provided by the applicant at the time the plan is filed.

(d) Upon the date set for hearing the planning commission may hear or continue the matter. If a date for the continued hearing is announced in open meeting, no further notice thereof need be given.

(Ord. No. NS-1200, § 1, 3-18-74; Ord. No. NS-1356, § 4, 4-18-77)

No parcel subject to the provisions of this division may be divided or in any way reduced in area, except for land area acquired by a public agency, without first having received:

(a) Preparation of specific development standards and regulations for said parcel pursuant to section 41-593.6; or

(b) Approval by the planning commission of a proposed specific development plan for said parcel.

(Ord. No. NS-1200, § 1, 3-18-74)

The specific development plan shall not be deemed valid until all of the conditions as approved by the zoning administrator, planning commission, or city council have been complied with and released by the planning manager. The specific development plan approved in accordance with the procedures and considerations as provided in this division shall automatically become void after one (1) year from the effective date of such approval when the owner fails to institute an action to erect, build, alter, move or maintain the use of the property as specified in the terms and conditions of the specific development plan. However, at the initial hearing of the zoning administrator, planning commission or city council may provide, by appropriate conditional approval, for extensions of time beyond the two-year period. Furthermore, the city council by may, by resolutions, extend the date on which a specific development plan becomes void for a period or periods not exceeding three (3) years in total beyond the date it would otherwise become void.

(Ord. No. NS-2803, § 10, 6-21-10)