Santa Ana Municipal Code § 41-595.5 Approval of overlay zone site plans

The regulations contained in this division shall apply to all property within a district where the district symbol is combined with the "OZ" (overlay zone) suffix and to all property within the "OZ" (overlay zone) district, when applied as a separate district. In all cases where a plan in an overlay zone district has been approved the "OZ" symbol shall be followed by a number to designate the overlay zone number (e.g., OZ1) and the development that shall be permitted subject to the provisions of the approved overlay zone development plan and the regulations of this chapter.

(Ord. No. NS-2739, § 3, 4-2-07)

The provisions of this division provide alternative standards and regulations to the underlying zoning district, where important site, environmental, safety, compatibility or design issues require additional flexibility. The overlay zone 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:

(a) 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.

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

(c) Providing a method whereby overlay zone 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.

(d) 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.

(e) Ensuring 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-2739, § 3, 4-2-07)

When the "OZ" symbol is applied as a suffix in combination with the district symbol, the overlay zone regulations are intended to apply only to those proposed uses which are permitted or conditionally permitted in the overlay zone to which the suffix is combined. In any case where the development project does not choose to adhere to the overlay zone, the standards and regulations of the underlying zoning district shall apply.

(Ord. No. NS-2739, § 3, 4-2-07; Ord. No. NS-2803, § 11, 6-21-10)

Any matter which cannot be resolved solely by reference to the adopted overlay zone ordinance shall be governed by the provisions of this chapter.

(Ord. No. NS-2739, § 3, 4-2-07)

(a) Any application for a permit for a building or structure in any district combined with the OZ suffix shall be accompanied or preceded by the filing with the planning manager of the overlay zone site plan as described in subparagraph (1) below. Any application for a permit for a building or structure in the OZ district shall be accompanied or preceded by the filing with the planning manager of an overlay zone site plan which shall be one of either of the following types:

(1) A plan consisting of architectural drawings or sketches and plot plans, all to a workable scale, showing the elevation of the proposed building or structure, signs, proposed landscaping or other treatment of grounds around such building or structure, off-street parking and other physical features such as trees, hydrants, poles, and other installations, and in addition, such other plans, drawings or information as may be determined by the planning manager 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 an overlay zone site plan by the planning manager, the same shall be referred to the planning commission for review and recommendations. The planning commission 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-2739, § 3, 4-2-07)

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 OZ suffix and the applicant wants to apply the overlay zone, the applicant must obtain for said property an overlay zone site plan review permitting use of the property in accordance with an overlay zone plan.

(1) Said site plan review permit shall be approved, conditionally approved, or denied by the planning commission in accordance with the provisions of article V of this chapter applicable to a conditional use permit.

(2) After the city council has completed the review of the written finding of fact of the planning commission pursuant to section 41-642, the property shall be subject to the standards and regulations of the overlay zone and any overlay zone site plan review conditions of approval.

(3) All development shall be in compliance with all conditions of approval prior to issuance of a utility release by the executive director of the planning and building agency.

(4) Upon the issuance of the utility release or the certificate of occupancy, whichever comes first, the executive director of planning and building shall amend the sectional district map to reflect the overlay zone as the sole zone on the property.

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

(c) If an overlay zone site plan of the type specified in subparagraph (2) of section 41-595.3(a) as consisting of standards and regulations is approved, the applicant must thereafter prepare plans and drawings as specified in paragraph (1) of said section in conformity with such overlay zone plan and obtain approval thereof by resolution of the planning commission after review and recommendations by the planning manager. No building permit or utility release shall be issued except for development in accordance with such approved plans and drawings.

(Ord. No. NS-2739, § 3, 4-2-07; Ord. No. NS-2803, § 12, 6-21-10)

(a) The overlay zone site plan shall be submitted in the form required by the planning manager 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) The planning manager shall give or cause to be given notice of the time and place of such hearing by mailing notices at least ten (10) 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.

(c) 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-2739, § 3, 4-2-07)