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Home My WebLink AboutNS-2982 - Amending Santa Ana Municipal Code Sections 34-56, 34-126, ...ORDINANCE NO. NS-2982 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. Ordinance No. NS-2982 Page 1 of 5 G. The City Council, prior to taking action on this ordinance held a duly noticed public hearing on December 17, 2019. Section 2. The proposed ordinance has been reviewed with respect to applicability of the California Environmental Quality Act ("CEQA") 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. (a) 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: "Master Site" shall mean the land development project that includes functions as an integrated project. area of a commercial or industrial multiple buildings and/or lots but 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. Ordinance No. NS-2982 Page 2 of 5 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. (a) Upon 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 hisr 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 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 or any interested party as provided for in Section 34-129, the Zoning Administrator's decision shall be final. 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 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 officer or department. Ordinance No. NS-2982 Page 3 of 5 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 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 or any interested party as provided in Section 34-132, the Planning Commission's decision -shall be final. 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 215t day of January, 2020. Ordinance No. NS-2982 Page 4 of 5 APPROVED AS TO FORM: Sonia R. Carvalho City Attorney `- Lisa'Storck Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers Bacerra Penaloza Pulido Sarmiento Solorio Villegas (6) Iglesias (1) None (0) NOT PRESENT: Councilmembers None (0) CERTIFICATE OF ATTESTATION AND ORIGINALITY I, DAISY GOMEZ, Clerk of the Council, do hereby attest to and certify the attached Ordinance No. NS-2982 to be the original ordinance adopted by the City Council of the City of Santa Ana on January 21, 2020, and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Daisy Gomez Clerk of the Co ncil City of Santa Ana Ordinance No. NS-2982 Page 5 of 5