ADAPTIVE REUSE ORDINANCE

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Sec. 41-1650. Purpose. 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.

Section 4. Section 41-1651 of Chapter 41 of the Santa Ana Municipal Code is hereby added to read as

follows:

Sec. 41-1651. Definitions.

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

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 (SD-84); 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.

Section 5. Section 41-1652 of Chapter 41 of the Santa Ana Municipal Code is hereby added to read as

follows:

Sec. 41-1652. Applicability.

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:

ADAPTIVE REUSE

ORDINANCE

Planning and Building Agency

Planning Division

20 Civic Center Plaza

P.O. Box 1988 (M-20)

Santa Ana, CA 92702

(714) 647-5804

www.santa-ana.or

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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 500 square feet in size.

2. The ground floor of a multi-level building with three 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 50% of the

ground floor square footage.

4. Open space shall be provided at a rate of 10 percent of the building

square footage, and may be public or private and shall be disbursed

throughout the building. At least 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 (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:

1. 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 2 spaces per unit.

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d) Housing Opportunity Ordinance. Projects must comply with the following to be

an eligible Adaptive Reuse Project:

1. Project shall comply with Article XVIII.I of the Santa Ana Municipal Code

(Sections 41-1900 through 41-1910), otherwise known as the Housing

Opportunity Ordinance.

Section 6. Section 41-1653 of Chapter 41 of the Santa Ana Municipal Code is hereby added to read as

follows:

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.

Section 7. Section 41-1654 of Chapter 41 of the Santa Ana Municipal Code is hereby added to read as

follows:

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.

Section 8. Section 41-1655 of Chapter 41 of the Santa Ana Municipal Code is hereby added to read as

follows:

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

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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 pre-submittal 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.

Section 9. Section 41-1656 of Chapter 41 of the Santa Ana Municipal Code is hereby added to read as

follows:

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.

Section 10. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any

reason held to be invalid or unconstitutional by the decision of any court of competent

jurisdiction, such decision shall not affect the validity of the remaining portions of this

ordinance. The City Council of the City of Santa Ana hereby declares that it would have

adopted this ordinance and each section, subsection, sentence, clause, phrase or portion

thereof irrespective of the fact that any one or more sections, subsections, sentences,

clauses, phrases, or portions be declared invalid or unconstitutional. (Ord. No. NS 2874, 12-

02-14)

405

SANTA CLARA AV.

ALTON AV.

TRASK AV.

17TH ST.

CIVIC CENTER DR.

SEGERSTROM

MACARTHUR BL.

LA VETA AV.

SANTA

ANA

1ST ST.

5TH ST.

ST.

5TH ST.

SUNFLOWER AV.

DYER RD.

GARDEN GROVE BL.

WASHINGTON AV.

BL.

RED HILL AV.

NEWHOPE ST.

FAIRVIEW ST.

FLOWER ST.

EUCLID ST.

HARBOR BL.

STANDARD AV.

MAIN ST.

BRISTOL ST.

SANTIAGO ST.

EDINGER AV.

MCFADDEN AV.

WARNER AV.

RAITT ST.

MCFADDEN AV.

CHESTNUT AV.

BROADWAY

GRAND AV.

SANTA ANA RIVER

TUSTIN AV.

ALTON AV.

10TH ST.

0 0.6 1.2 Miles

Adaptive Reuse Project Incentive Areas

North Main Street Midtown Transit Zoning Code First/Grand Corridor

City of Santa Ana

Adaptive Reuse Project Incentive Areas