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Home My WebLink About11C - 2ND READ ORD AMEND CH 41 SMALL LOT SUBDIVISIONREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 16, 2018 TITLE: ORDINANCE SECOND READING: ADOPT AN ORDINANCE APPROVING AN AMENDMENT TO PROVISIONS OF CHAPTER 41 OF THE SANTA ANA MUNICIPAL CODE RELATING TO INNOVATIVE HOUSING / SMALL LOT SUBDIVISIONS (STRATEGIC PLAN NO. 5,1) RECOMMENDED ACTION Place ordinance on second reading and adopt. DISCUSSION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER On December 19, 2017, the following ordinance was introduced for first reading and City Council authorized publication of title by a vote of 4-0 (Sarmiento, Tinajero, Pulido absent): ORDINANCE NO NS -2937 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AN AMENDMENT TO PROVISIONS OF CHAPTER 41 OF THE SANTA ANA MUNICIPAL CODE RELATING TO INNOVATIVE HOUSING / SMALL LOT SUBDIVISIONS In summary, the ordinance is to promote affordable ownership housing opportunities for Santa Ana residents by providing flexible development standards and maintenance instruments, and to establish a reasonable and uniform regulatory framework for the subdivision of land into small lots. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #5 - Community Health, Livability, Engagement & Sustainability, Objective #1 (Establish a comprehensive community engagement initiative to expand access to information and create opportunities for stakeholders to play an active role in discussing public policy and setting priorities). 11C-1 Ordinance — Second Reading: Chapters 18 and 21 SAMC November 7, 2017 Page 2 FISCAL IMPACT There is no fiscal impact associated with this action. Maria D. Huizar, Clerk of the Council EXHIBIT: Ordinance No. NS -2937 11C-2 ORDINANCE NO. NS -XX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AN AMENDMENT TO PROVISIONS OF CHAPTER 41 OF THE SANTA ANA MUNICIPAL CODE RELATING TO SMALL LOT SUBDIVISIONS 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 Santa Ana Municipal Code (SAMC) requires updates periodically in order to address current housing trends. B. The intent of the small lot subdivision ordinance is to promote affordable ownership housing opportunities for Santa Ana residents by providing flexible development standards and maintenance instruments, and to establish a reasonable and uniform regulatory framework for the subdivision of land into small lots. C. On November 13, 2017, the Planning Commission held a duly noticed public hearing and voted to recommend that the City Council adopt Zoning Ordinance Amendment No. 2017-05. D. The City Council, on December 19, 2017, held a duly noticed public hearing regarding this ordinance and has considered all testimony presented thereto. Section 2. The proposed ordinance has been reviewed with respect to applicability of the California Environmental Quality Act ("CEQX) 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. Article XX. — Small Lot Subdivisions is hereby added to Chapter 41 of the Santa Ana Municipal Code to read as follows: ARTICLE XX. — SMALL LOT SUBDIVISIONS Sec. 41-2100. — Purpose. The purpose of this article is to establish a reasonable and uniform regulatory framework for the subdivision of land into small lots. Small lot subdivisions are intended to provide an alternative to the traditional single-family subdivision, increasing options for fee -simple home ownership opportunities. 11C-3 Sec. 41-2101. — Definitions. Unless the particular provision or the context otherwise requires, the definitions and provisions contained in this section shall govern the construction, meaning, and application of words and phrases used in this article: (a) "Development site" shall mean the total land area of a small lot subdivision project after all required dedications for public improvements. (b) "Drive Aisle" shall mean the paved area which has been designated as a vehicle passageway to provide access to a small lot. (c) "Driveway" shall mean the paved area which has been designated to provide access to a dwelling or live -work unit's required parking, starting at a public street or alley, or at the ultimate right-of-way of a common access drive aisle that serves the lot, leading to a garage or uncovered parking space. (d) "Interior lot line" shall mean all lot lines created within the development site for the purpose of subdividing and creating small lots. (e) "Small lot' shall mean a parcel of land created through a small lot subdivision for the purpose of developing it with a single-family residence or live -work unit. (f) "Small lot subdivision" shall mean a residential development containing detached single-family residences or live -work units on land that is subdivided into fee simple parcels containing each unit. Sec. 41-2102. — Applicability. The subdivision of small lots is permitted subject to compliance with the following standards: (a) Eligibility. Small lot subdivisions are permitted in the following districts: (1) In any sub -zone within Specific Development No. 84 (Transit Zoning Code), Specific Plan No. 2 (Harbor Mixed Use Transit Corridor Specific Plan), and Metro East Mixed Use Overlay Zone (OZ -1) where single- family and live -work uses are allowed. (2) Small lot subdivisions may be permitted through the establishment of a specific development district that is established in accordance with the provisions of Division 26 of this code. 11C-4 (b) Small Lot Frontage and Access. (1) Each individual small lot containing a dwelling or live -work unit shall have frontage on a public street or alley, or be provided with direct access to a public street or alley by an easement for access through the recorded subdivision map. (2) Small lots are exempt from frontage requirements set forth in Section 34- 56 of this Code. (3) Areas within the small lot subdivision identified as points of shared access, walkways, drive aisles shall not be restricted by the construction of fences or walls, or other such barriers. (c) Minimum Lot Size. (1) Each small lot containing a dwelling unit shall have at minimum one thousand (1,000) square feet of lot area. (2) The calculation for minimum lot size shall not include any portion of the small lot that is designated or used as shared space. (d) Lot Coverage. No more than seventy (70%) percent of the small lot shall be covered by structures. (e) Required Yards. (1) The front, side, and rear yard building setback requirements of the underlying zone, specific plan, or overlay shall apply to the required yards of the development site. (2) No minimum separation between buildings shall be required along interior lot lines created within an approved subdivision. (3) Buildings on small lots that are placed in such a manner that they abut common open space or the private open space of an adjacent lot shall be set back a minimum of five (5) feet and provide an appropriate stepback to preserve privacy and reduce the massing of multi -story buildings. (f) Open Space. (1) Individual small lots shall provide, at minimum, three hundred (300) square feet of private open space per dwelling unit as follows: 11C-5 a. Private open space shall have a minimum dimension of fifteen (15) feet in each direction. b. Private open space may be provided on the rooftop of dwelling units provided building massing and architectural features serve to screen the open space from neighboring properties that are not part of a small lot subdivision development site and that are used or zoned for single-family residential. (2) In addition to the private open space requirement of subsection (1), small lot subdivisions of ten (10) or more lots shall provide accessible common open space in the amount not less than five (5) percent of the total development size, but shall in no case be less than one hundred (100) square feet per unit. (g) Landscaping. All required yards and areas not designated for walkways, parking, drive aisles, or private open space, shall be landscaped and irrigated in accordance with an approved landscape plan. (h) Driveway Length. (1) A driveway that leads directly to a garage shall have a minimum length of twenty (20) feet if parking will be located in front of the garage. (2) No driveway shall be more than three (3) feet in length if parking is not provided in front of the garage. (i) Service Standards. Developments providing individual trash containers shall provide an area that is screened outside of required setbacks and yards for container storage. Individual trash containers located in a garage shall not encroach into the required parking area. (j) Maintenance Agreement. (1) All areas of a small lot subdivision with five (5) or more parcels subject to a reciprocal access and/or maintenance easement shall be maintained by an association that may be incorporated or unincorporated. (2) Small lot subdivisions with four (4) or less parcels subject to a reciprocal access and/or maintenance easement may execute a maintenance agreement in lieu of requiring an association. (3) A Maintenance Agreement shall be formed, composed of and executed by all property owners, to maintain all common areas and appurtenances such as trees, landscaping, water treatment facilities, trash, parking, driveways, drive aisles, walkways, private water lines, meters, etc. Each owner and future property owners shall automatically become members of the agreement and shall be subject to a proportionate share of the maintenance and related costs. The Maintenance Agreement shall be recorded as a Covenant and Agreement to run 11C-6 with the land. The subdivider shall submit a copy of this Agreement, once recorded, to the Planning Division for placement in the tract file. (k) Construction. Each unit in a small lot subdivision shall be constructed on an individual parcel with no common foundation, walls or footings. (1) Paving. No asphalt shall be permitted for paved areas. Driveways, drive aisles, and unenclosed parking areas shall consist of decorative concrete, pavers, or other materials as deemed appropriate by the Planning Manager. (m) Mechanical Equipment. Roof mounted equipment is prohibited unless completely screened from public rights-of-way and adjacent properties. Sec. 41-2103. — Modification of Standards. Development standards applied to small lot subdivisions pursuant to section 41- 2102 may be modified by an application for a minor exception, which shall be heard by the zoning administrator pursuant to Article V of this chapter, in order to achieve a good project design, privacy, livability, and compatibility with surrounding uses. The decision of the zoning administrator on such applications may be appealed to the Planning Commission pursuant to Article V of this chapter. Sec. 41-2104. — Applicability to other regulations. The provisions of this article are not intended to provide exclusive regulation of the development of small lots. Small lots must comply with any and all applicable regulations imposed in other articles of the zoning code, other city ordinances, and state and federal law. Should a conflict exist between the provisions of this article and the provisions of other articles of this Code, the provisions of this article shall prevail. Section 4. 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. ADOPTED this day of 2018. Miguel A. Pulido Mayor 11C-7 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, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS -XXX to be the original ordinance adopted by the City Council of the City of Santa Ana on , 2018 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 11C-8