2014-006 - Santa Ana General Plan Housing Element and Public Safety Element Updates

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HOUSING CONSTRAINTS The Planning and Building Agency and the Fire Department made certain changes and modifications to the 2010 Edition of the California Building, Plumbing, Mechanical, Electrical, Fire, and Existing Building Codes that are reasonably necessary due to local conditions in Santa Ana. Other modifications of an administrative or procedural nature were also made. Sixteen findings were made relative to the Code and were due to seismic concerns, drainage issues, soil conditions, humidity, and fire hazards in the community. The Housing Plan includes programs to amend the City's building codes and practices and to establish a set of citywide design guidelines. Program 22 commits the City to create citywide design guidelines. Program 23 commits the City to develop a Green Building Policy that that incorporates sustainable building concepts and supports demonstration projects and best practices. Overcrowding Prohibition Section 41 -192 of the Municipal Code prohibits residential overcrowding. Pursuant to Briseno v. City of Santa Ana 6 Cal. App. 4th 1378(1992), the court held that the ordinance was "invalid," which is to deprive it of legal force. However, there was no order to repeal SAMC 41 -192. The court in Briseiio interpreted the occupancy limitation ordinance as "invalid" pursuant to Uniform Housing Code (UHC), and state law, which preempted the City of Santa Ana's local ordinance. The court held that in order to validate the ordinance the City was required, under UHC§ 17958.7, to provide findings that a departure from the standards set forth in the UHC occupancy limitation was necessary. The City of Santa Ana affirms the ordinance is nonoperative. On- and Off -Site Improvement Requirements Article III of the Municipal Code requires minimum on- and off -site improvements prior to acceptance and approval of the final subdivision map. Pursuant to Section 34 -81, common improvements include grading and street work, curbs and gutters, sidewalks, drainage, fire hydrants, street trees, lighting, and water and sewer lines. The cost of all improvements enumerated must be borne by the subdivider, except such improvements of a type, size, or quality over and above the standards required to service the subdivision, and where the City Council has enacted provisions for the City to bear that portion of the costs for such installations required in order to serve additional areas. Appendix C provides a discussion of infrastructure issues for future housing sites. J�A B -26 CITY OF SANTA ANA GENERAL PLAN HOUSING ELEMENT