The URL can be used to link to this page

Home My WebLink About75C - NON RESIDENTIAL SMALL LOT SUBDIVISIONSREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 17, 2019 TITLE: PUBLIC HEARING - AMEND SECTIONS 34-56, 34-126, AND 34-127 OF CHAPTER 34 (SUBDIVISIONS) OF THE SANTA ANA MUNICIPAL CODE TO ALLOW NOW RESIDENTIAL SMALL LOT SUBDIVISIONS AND TO STREAMLINE THE TENTATIVE MAP REVIEW PROCESS {STRATEGIC PLAN NO. 3,21 CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 11' Reading ❑ Ordinance on 2n° Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO /s/Kristine Ridge FILE NUMBER CITY MANAGER RECOMMENDED ACTION Adopt an ordinance amending Sections 34-56, 34-126, and 34-127 of Chapter 34 (Subdivisions) of the Santa Ana Municipal Code (SAMC). DISCUSSION The Planning Division has identified several outdated sections of the City's subdivision ordinance. In an effort to modernize and streamline the subdivision process, amendments to Sections 34-56, 34-126, and 34-127 of Chapter 34 (Subdivisions) of the SAMC are proposed. These amendments (Exhibit 1) will create a framework to allow non-residential small -lot subdivisions and will streamline the review process for tentative maps, thereby facilitating development and attainable land ownership and business investment opportunities in the City. Non -Residential Small -Lot Subdivisions Non-residential small -lot subdivisions, sometimes referred to as "postage stamp" subdivisions, are subdivisions of property that result in the creation of small fee -simple lots within a master industrial or commercial development site. The boundaries of the non-residential small -lot properties typically outline the footprint of a building and related open space areas within a master site, while the master site itself fronts one or more public or private streets, providing access to and within the development. Non-residential small -lot subdivisions offer an alternate form of property ownership within a non-residential subdivision, allowing building owners and businesses within a master site to own both a building and the underlying property, helping build equity and providing long-term ownership and investment opportunities. As with other master sites containing other forms of subdivisions, covenants, conditions, and restrictions (CC&Rs) ensure access to and within the master development site and ensure maintenance of the overall site, its utilities, access, parking, common areas, and other critical components, including, but not limited to, roles and responsibilities of the subdivision and the ownership association. 75C-1 Ordinance Amending Santa Ana Municipal Code Sections 34-56, 34-126, and 34-127 December 17, 2019 Page 2 On January 16, 2018, the City Council adopted Ordinance NS-2937, creating a framework for small -lot subdivisions in certain residential zoning districts. Amending Chapter 34 to allow non- residential small -lot subdivisions will create a similar, streamlined framework for non-residential properties while ensuring orderly site development and long-term maintenance through CC&Rs. Tentative Map Review Streamlining A tentative map is required for subdivisions of land to ensure that the subdivision complies with the State Subdivision Map Act (SMA) and City regulations. A final map is required once a technical review of the tentative map is complete and the map is ready for recordation. The SMA requires that tentative maps be reviewed and approved by the City within 50 calendar days from the acceptance of a complete application by the City. The current City review process requires that tentative parcel maps (four or less parcels) be reviewed and approved by the Zoning Administrator and all other tentative maps (five or more parcels) be reviewed and approved by the Planning Commission. After the approval of the tentative map by either the Zoning Administrator or the Planning Commission, a Receive and File action is required by the City Council. This process in most cases exceeds the 50-day SMA review timeframe. To comply with the SMA review timeframe and streamline the review process, staff is proposing the City Council act on final maps ready for final approval and recording. The recommended process will reduce the review and approval process for Tentative Maps to less than 50 days and will bring the local process to be consistent with the SMA and with the review process of other nearby cities. STRATEGIC PLAN ALIGNMENT Approval of this ordinance supports the City's effort to meet Goal #3 — Economic Development; Objective #2 (Create new opportunities for business/job growth and encourages private development through new General Plan and Zoning Ordinance policies). FISCAL IMPACT There is no fiscal impact associated with this action. Minh Thai Executive Director Planning and Building Agency AP:la S:\RFCA\2019\12-17-19\OA 2018-4 Ch 34 Tentative Map Amendments\OA No. 2018-04.RFCA 12172019.doc Exhibit: 1. Ordinance 75C-2 LS 12.17.19 ORDINANCE NO. NS-XXXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SANTA ANA MUNICIPAL CODE SECTIONS 34-56 (POSTAGE STAMP SUBDIVISIONS), 34-126 (APPROVAL OF TENTATIVE PARCEL MAPS BY THE ZONING ADMINISTRATOR) AND 34-127 (APPROVAL OF OTHER TENTATIVE MAPS BY PLANNING COMMISSION) TO STREAMLINE THE REVIEW PROCESS FOR TENTATIVE MAPS THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The Planning and Building Agency is requesting an amendment to Sections 34-56, 34-126, and 34-127 of Chapter 34 (Subdivisions) of the Santa Ana Municipal Code (SAMC) to streamline and expedite the review and approval process for tentative maps. B. On January 16, 2018, the City Council adopted Ordinance NS-2937, creating a framework for residential small -lot subdivisions within certain residential zoning districts. C. Property owners wishing to subdivide non-residential properties in Santa Ana are currently limited to fee -simple subdivisions wherein all lots must have street frontage, or condominium subdivisions for air -rights units. D. The existing review process for tentative maps requires a receive and file action by the City Council. This ordinance will remove this action and assign final approval responsibilities of tentative parcel maps to the Zoning Administrator and all other tentative maps to the Planning Commission. E. The State Subdivision Map Act, set forth in California Government Code Section 66410 et seq. allows certain amount of flexibility in enacting local subdivision ordinances and permits the City, by ordinance, to designate its own review body and process. F. The proposed amendments are consistent with the State Subdivision Map Act and will preserve the public health, safety and welfare of all residents and visitors of the City. G. The City Council, prior to taking action on this ordinance held a duly noticed public hearing on December 17, 2019. Ordinance No. NS-XXXX Page 1 of 5 75C-3 Section 2. The proposed ordinance has been reviewed with respect to applicability of the California Environmental Quality Act ("CEQK) and the State CEQA Guidelines (California Code of Regulations, Title 14, Section 15000 et seq.). The project is exempt from CEQA as it can be seen with certainty that there is no impact on the environment [Section 15061(b)(3)] and a Notice of Exemption will be filed upon adoption of this ordinance. Section 3. All provisions of the Santa Ana Municipal Code which are repeated herein are repeated solely in order to comply with the provisions of Section 418 of the City Charter. Any such restatement of existing provisions of the Code is not intended, nor shall it be interpreted, as constituting a new action or decision of the City Council, but rather such provisions are repeated for tracking purposes only in conformance with the Charter. Section 4. Section 34-56 (Lot frontage) of the SAMC is hereby amended to read as follows: Sec. 34-56. — Lot frontage. Every lot must have frontage on a public or private street, except as provided in the subsections below. u When a master site lot containing a postage stamp lot subdivision is proposed, every such postage stamp lot therein shall have frontage on a public or private street or be provided direct access to a public or private street through a recorded map or by a recorded access easement, covenant, or other similar instrument. For the purposes of this subsection, "master site" and "postage stamp lot" shall mean the following: i. "Master Site" shall mean the land area of a commercial or industrial development project that includes multiple buildings and/or lots but functions as an integrated proiect. ii. "Postage Stamp Lot" shall mean lots where the owners of a property own the land but may not own the parking area and other common space. (b) When a master site lot containing a condominium subdivision is proposed, the master site lot shall have the minimum lot size and street frontage as prescribed by the zoning code. (c) When no subdivision is proposed at a master site, the master site's lot shall have the minimum lot size and street frontage as prescribed by the zoning code. Section 5. Section 34-126 (Approval of tentative parcel maps by the zoning administrator) of the SAMC is hereby amended to read as follows: Sec. 34-126. - Approval of tentative parcel maps by the Zoning Administrator. Ordinance No. NS-XXXX Page 2 of 5 75C-4 (a) Upon Within a period of not rnoFe than fourteen (14) days_ frorn the receipt of a copy of any tentative parcel map application and after Development Project Plan approval, as required pursuant to Division 3 of Article V of Chapter 41 of this Code, and in accordance with the time period mandated by the State Subdivision Map Act, as amended from time to time, each city officer or department to which such copy shall have been transmitted shall file with the Zoning Administrator his er its approval or disapproval of such tentative parcel map or a report showing what changes are necessary or desirable to make such tentative parcel map conform to the requirements of this Chapter coming within the jurisdiction of such officer or department. Failure to file the report shall indicate approval of the map by such officer or department. (b) At a duly noticed public hearing, the Zoning Administrator shall review the recommendations of said departments and officers and, if satisfied that the design of the subdivision conforms to the requirements of this chapter, shall approve the map within thirty (30) days after the filing Of GUnh rna the time period mandated by the State Subdivision Map Act, as amended from time to time, unless such time is extended by agreement with the subdivider. If the Zoning Administrator finds that the map does not conform, or if substantive objections or recommendations for changes have been made in the reports from city officers or departments, the Zoning Administrator shall disapprove or conditionally approve the map. The Zoning Administrator shall thereupon notify the subdivider of his or her decision in writing. (c) If no appeal to the Planning Commission is filed by the subdivider as provided for in Section 34-129, the Zoning Administrator's decision shall be the tentative parGel statement of his or her deGiSiOR W the Gity GGURGil. Section 6. Section 34-127 (Approval of other tentative maps by planning commission) of the SAMC is hereby amended to read as follows: Sec. 34-127. - Approval of other tentative maps by Planning Commission. (a) Upon With'n a pepied of net mere than fe mean (14) days Frew, the receipt of a copy of any tentative map application and after Development Project Plan approval, as required pursuant to Division 3 of Article V of Chapter 41 of this Code, and in accordance with the time period mandated by the State Subdivision Map Act, as amended from time to time, except a tentative parcel map, each city officer or department to which such copy shall have been transmitted shall file with the Planning Commission his or its approval or disapproval of such tentative map or a report showing what changes are necessary or desirable to make such tentative map conform to the requirements of this Chapter coming within the jurisdiction of such Ordinance No. NS-XXXX Page 3 of 5 75C-5 officer or department. Failure to file the report shall indicate approval of the map by such officer or department. (b) At a duly noticed public hearing, the Planning Commission shall review the recommendations of said departments and officers and, if satisfied that the design of the subdivision conforms to the requirements of this chapter, shall approve the map within th•Fty (30days afteF the filing Of G Gh the time period mandated by the State Subdivision Map Act, unless such time is extended by agreement with the subdivider. If the Planning Commission finds that the map does not conform, or if substantive objections or recommendations for changes have been made in the reports from city officers or departments, the Planning Commission shall disapprove or conditionally approve the map. The Planning Commission shall thereupon notify the subdivider of its decision in writing. (c) If no appeal to the City Council is filed by the subdivider as provided in Section 34-132, tThe Planning Commission's decision shall be final. shal�, within thiFty (30) days of the filing of the tentative map by the subdWer-, transmit a GOPY of the map, the aGGornpanying data, reports and Section 7. If any section, subsection, 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, or portions be declared invalid or unconstitutional. Section 8. The City Clerk shall certify the adoption of this Ordinance and shall cause the same to be posted as required by law. ADOPTED this day of December, 2019 Miguel A. Pulido Mayor Ordinance No. NS-XXXX 75C-6 Page 4 of 5 APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By:"�/' Lisa Storck Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, DAISY GOMEZ, Clerk of the Council, do hereby attest to and certify the attached Ordinance No. NS-XXXX to be the original ordinance adopted by the City Council of the City of Santa Ana on , 2019, and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana 75C-7 Ordinance No. NS-XXXX Page 5 of 5 75C-8