HomeMy WebLinkAboutNS-3013 - Urgency Ordinance of the City Council of the City of Santa Ana Amending Article XX of Chapter 41 (Zoning) of the Santa Ana Municipal Code Relating to Urban Lot Splits and Two-Unit Projects...ORDINANCE NO. NS-3013
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF SANTA ANA AMENDING ARTICLE XX OF
CHAPTER 41 (ZONING) OF THE SANTA ANA MUNICIPAL
CODE RELATING TO URBAN LOT SPLITS AND TWO -UNIT
PROJECTS IN COMPLIANCE WITH HOUSING LAW
ENACTED UNDER SENATE BILL 9
WHEREAS, the State Legislature found and declared that ensuring access to
affordable housing is a matter of statewide concern and not a municipal affair and in 2021,
proposed legislation that is applicable to all cities, including charter cities, imposing new
limits on local authority to regulate urban lot splits and two -unit projects ("SB 9 Law"); and
WHEREAS, in 2021, the California Legislature approved, and the Governor signed
into law a number of bills that, among other things, added Government Code sections
65852.21 and 66411.7; and
WHEREAS, Senate Bill 9 was signed into law on September 16, 2021 and takes
effect January 1, 2022, and supersedes any conflicting city ordinance, rendering it null
and void; and
WHEREAS, the City of Santa Ana desires to amend its local development and
subdivision standards to regulate urban lot splits and two -unit projects to comply with the
provisions of Government Code sections 65852.21 and 66411.7 and to meet the intent
and objective of the State Legislature to ensure access to affordable housing; and
WHEREAS, there is a current and immediate threat to the public health, safety, or
welfare based on the passage of the new SB 9 Law because the City currently lacks
adequate local objective standards to regulate projects governed by SB 9, meaning that
if the City does not immediately adopt appropriate objective standards for urban lot splits
and two -unit projects that are consistent with SB9, then as of January 1, 2022, the City's
review of such projects would be limited to application of the objective standards that
currently exist in the City of Santa Ana Municipal Code, which did not anticipate ministerial
urban lot splits and two -unit projects, and thus the Code lacks the objective standards
necessary to protect and preserve the local community; and
WHEREAS, the approval of urban lot splits and two -unit projects based solely on
the default statutory standards, without local regulations governing lot size, unit size,
height, setback, landscape, architectural review, among other things, would threaten the
character of existing neighborhoods, and negatively impact property values, personal
privacy, and fire safety. These threats to public safety, health, and welfare justify adoption
of this ordinance as an urgency ordinance to be effective immediately upon adoption by
a two-thirds vote of the City Council; and
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WHEREAS, pursuant to Santa Ana City Charter sections 415 and 417, based on
the above findings, this Ordinance is declared by the City Council to be necessary as an
emergency measure to protect and preserve the health, safety and welfare of the citizens
of the City of Santa Ana and will become effective immediately if passed by the affirmative
votes of at least two-thirds (2/3) of the members of the City Council. The City Council
hereby finds that there is an urgent need to adopt these regulations in order to address
the current and immediate threats set forth above.
NOW, THEREFORE, the City Council of the City of Santa Ana does ordain as
follows:
Section 1. The recitals above are each incorporated by reference and adopted
as findings by the City Council.
Section 2. Under California Government Code sections 65852.210), and
66411.7(n), the adoption of an ordinance by a city implementing the provisions of
Government Code sections 66411.7 and 65852.21, which is California's SB 9 Law and
which regulates urban lot splits and two -unit projects, is statutorily exempt from the
requirements of the California Environmental Quality Act ("CEQA"). Therefore, the
proposed ordinance is statutorily exempt from CEQA in that the proposed ordinance
implements the State's SB 9 Law.
Section 3. Article XX (Small Lot Subdivisions) of Chapter 41 (Zoning) is hereby
amended to read as follows:
ARTICLE XX. - SMALL LOT SUBDIVISIONS, URBAN LOT SPLITS, AND TWO -
UNIT PROJECTS
DIVISION 1. - 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.
(Ord. No. NS-2937, § 3, 1-16-18)
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.
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(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 loft 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.
(Ord. No. NS-2937, § 3, 1-16-18)
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 Article III of this code.
(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.
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(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:
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.
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(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.
Q) 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 with the land. The subdivider shall submit a
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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.
(Ord. No. NS-2937, § 3, 1-16-18)
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.
(Ord. No. NS-2937, § 3, 1-16-18)
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.
(Ord. No. NS 2937, § 3, 1-16-18)
Section 4. Division 2 is hereby added to Article XX of Chapter 41 (Zoning) of
the Santa Ana Municipal Code to read as follows:
DIVISION 2. — SB 9 URBAN LOT SPLITS
Sec. 41-2105. - Purpose.
The purpose of this division is to allow and appropriately regulate urban lot splits
in accordance with Government Code section 66411.7 and to meet the intent and
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objective of the State Legislature to ensure access to affordable housing opportunities as
declared by the State Legislature under SB 9 Law.
Sec. 41-2106. - Definitions.
(a) "Individual property owner(s)" means a natural person holding fee title
individually or jointly in the person's own name or a beneficiary of a trust
that holds fee title. "Individual property owner" does not include any
corporation or corporate person of any kind (partnership, LP, LLC, C corp,
S corp, etc.) except for a community land trust (as defined by Rev. & Tax
Code § 402.1 (a)(1 1)(C)(ii)) or a qualified nonprofit corporation (as defined
by § 214.15).
(b) "Urban lot split" means the subdivision of an existing, legally subdivided lot
into two lots in accordance with the requirements of this division.
Sec. 41-2107. -Application.
(a) Owners. Only individual property owners may apply for an urban lot split.
(b) An application for an urban lot split must be submitted on the city's approved
form. Only a complete application will be considered. The city will inform the
applicant in writing of any incompleteness within 30 days after the
application is submitted.
(c) The city may establish a fee to recover its costs for adopting, implementing,
and enforcing this division of the code, in accordance with applicable law.
The city council may establish and change the fee by resolution. The fee
must be paid with the application.
Sec.41-2108. -Approval.
(a) An application for a parcel map for an urban lot split is approved or denied
ministerially, by the Executive Director of Planning and Building or their
designee, without discretionary review.
(b) A tentative parcel map for an urban lot split is approved ministerially if it
complies with all the requirements of this section. The tentative parcel map
may not be recorded. A final parcel map is approved ministerially as well,
but not until the owner demonstrates that the required documents have
been recorded, such as the deed restriction and easements. The tentative
parcel map expires three months after approval.
(c) The approval must require the owner and applicant to hold the city harmless
from all claims and damages related to the approval and its subject matter.
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(d) The approval must require the owner and applicant to reimburse the city for
all costs of enforcement, including attorneys' fees and costs associated with
enforcing the requirements of this code.
Sec. 41-2109. - Requirements.
An urban lot split must satisfy each of the following requirements:
(a) Map Act Compliance.
(1) The urban lot split must conform to all applicable objective
requirements of the Subdivision Map Act (Gov. Code section 66410
et. seq., "SMA") and implementing requirements in this code, except
as otherwise expressly provided in this division.
(2) If an urban lot split violates any part of the SMA, the city's subdivision
regulations, including this division, or any other legal requirement:
(A) The buyer or grantee of a lot that is created by the urban lot
split has all the remedies available under the SMA, including
but not limited to an action for damages or to void the deed,
sale, or contract.
(B) The city has all the remedies available to it under the SMA,
including but not limited to the following:
(i) An action to enjoin any attempt to sell, lease, or finance
the property.
(ii) An action for other legal, equitable, or summary
remedy, such as declaratory and injunctive relief.
(iii) Criminal prosecution, punishable by imprisonment in
county jail or state prison for up to one year, by a fine
of up to $10,000, or both; or a misdemeanor.
(iv) Record a notice of violation.
(v) Withhold any or all future permits and approvals.
(3) Notwithstanding section 66411.1 of the SMA, no dedication of rights -
of -way or construction of offsite improvements is required for an
urban lot split.
(b) Zone. The lot to be split is in a zoning district that allows single-family
residences.
(c) Lot Location.
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(1) The lot to be split is not located on a site that is any of the following:
(A)
Prime farmland, farmland of statewide importance, or land
that is zoned or designated for agricultural protection or
preservation by the voters.
(B)
A wetland.
(C)
Within a very high fire hazard severity zone, unless the site
complies with all fire -hazard mitigation measures required by
existing building standards.
(D)
A hazardous waste site that has not been cleared for
residential use.
(E)
Within a delineated earthquake fault zone, unless all
development on the site complies with applicable seismic
protection building code standards.
(F)
Within a 100-year flood hazard area, unless the site has
either:
(i) Been subject to a Letter of Map Revision prepared by
the Federal Emergency Management Agency and
issued to the local jurisdiction; or
(ii) Meets Federal Emergency Management Agency
requirements necessary to meet minimum flood plain
management criteria of the National Flood Insurance
Program.
(G) Within a regulatory floodway, unless all development on the
site has received a no -rise certification.
(H) Land identified for conservation in an adopted natural
community conservation plan, habitat conservation plan, or
other adopted natural resource protection plan.
(1) Habitat for protected species.
Q Land under conservation easement.
(2) The applicant must provide evidence that the requirements of
Government Code section 65913.4(a)(6)(B)—(K) are satisfied.
(d) Not Historic. The lot to be split must not be a historic property or within a
historic district that is included on the State Historic Resources Inventory.
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Nor may the lot be or be within a site that is designated by ordinance or
resolution as a city or county landmark or as a historic property or district.
(e) No Prior Urban Lot Split.
(1) The lot to be split was not established through a prior urban lot split.
(2) The lot to be split is not adjacent to any lot that was established
through a prior urban lot split by the owner of the lot to be split or by
any person acting in concert with the owner.
(f) No Impact on Protected Housing.
(1) The urban lot split must not require or include the demolition or
alteration of any of the following types of housing:
(A) Housing that is income -restricted for households of moderate,
low, or very low income.
(B) Housing that is subject to any form of rent or price control
through a public entity's valid exercise of its policy power.
(C) Housing, or a lot that used to have housing, that has been
withdrawn from rental or lease under the Ellis Act (Gov. Code
sections 7060-7060.7) at any time in the 15 years prior to
submission of the urban lot split application.
(D) Housing that has been occupied by a tenant in the last three
years.
(2) As part of the urban lot split application, the applicant and the owner
of a property must provide a sworn statement by affidavit
representing and warranting that subsection (f)(1) above is satisfied.
(A) The sworn statement must state the following:
(i) No housing that is income -restricted for households of
moderate, low, or very low income will be demolished
or altered.
(ii) No housing that is subject to any form of rent or price
control will be demolished or altered.
(iii) No housing that has been withdrawn from rental or
lease under the Ellis Act at any time in the last 15 years
will be demolished or altered.
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(g)
(h)
(iv) No housing that has been occupied by a tenant in the
last three years will be demolished or altered.
(B) The city may conduct its own inquiries and investigation to
ascertain the veracity of the sworn statement, including but
not limited to, surveying owners of nearby properties; and the
city may require additional evidence of the applicant and
owner as necessary to determine compliance with this
requirement.
Lot Size.
(1) The lot to be split must be at least 2,400 square feet.
(2) The resulting lots must each be at least 1,200 square feet.
(3) Each of the resulting lots must be between 40 percent and 60 percent
of the original lot area.
Easements.
(1) The owner must enter into an easement agreement with each public-
service provider to establish easements that are sufficient for the
provision of public services and facilities to each of the resulting lots.
(2) Each easement must be shown on the tentative parcel map
(3) Copies of the unrecorded easement agreements must be submitted
with the application. The easement agreements must be recorded
against the property before the final map may be approved, in
accordance with section 41-2108(b).
(4) If an easement is recorded and the project is not completed, making
the easement moot, the property owner may request, and the city will
provide, a notice of termination of the easement, which the owner
may record.
Lot Access.
(1) Each resulting lot must adjoin a public street right of way that meets
the established standards for is designated street classification as
specified in the Mobility Element of the General Plan.
(2) Each resulting lot must have frontage on the public street right of way
of at least 12.5 feet.
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(3) Vehicle access easement serving a maximum of two units shall be a
minimum of 12 feet in width and shall have a minimum length of 20
feet.
0) Unit Standards
(1) Quantity. No more than two dwelling units of any kind may be built
on a lot that results from an urban lot split. For purposes of this
paragraph, "unit' means any dwelling unit, including, but not limited
to, a primary dwelling unit, a unit created under this article, an ADU,
or a JADU.
(2) Unit Size.
(A) The total floor area of each primary dwelling that is developed
on a resulting lot must be:
(i) Less than or equal to 800; and
(ii) More than 500 square feet.
(B) A primary dwelling that was legally established prior to the
urban lot split and that is larger than 800 square feet is limited
to the lawful floor area at the time of the urban lot split. It may
not be expanded.
(C) A primary dwelling that was legally established prior to the
urban lot split and that is smaller than 800 square feet may be
expanded to 800 square feet after the urban lot split.
(3) Height Restrictions.
(A) On a resulting lot that is smaller than 2,000 square feet, no
new primary dwelling unit may exceed two stories or 22 feet
in height, measured from finished grad o peak of the structure.
Any portion of a new primary dwelling that exceeds one story
must be stepped back by an additional five feet from the
ground floor; no balcony deck or other portion of the second
story may project into the stepback.
(B) No rooftop deck is permitted on any new or remodeled
dwelling or structure on a lot resulting from an urban lot split.
(4) Lot Coverage. The maximum building coverage of net lot area shall
be 35 percent. If new structures are proposed to be one-story and
be deed restricted to be maintained as one-story structures in
perpetuity, a 50 percent lot coverage is allowed. This lot coverage
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standard is only enforced to the extent that it does not prevent two
primary dwelling units on the lot at 800 square feet each.
(5) Open Space. Private open space shall be provided for each unit at a
minimum of one hundred (100) square feet in the form of a private
covered patio or deck. The minimum dimensions of such space shall
be eight (8) feet in each direction. This open space standard is only
enforced to the extent that it does not prevent two primary dwelling
units on the lot at 800 square feet each.
(6) Setbacks.
(A) Generally. All setbacks must conform to those objective
setbacks that are imposed through the underlying zone.
(B) Exceptions. Notwithstanding subsection j(6)(A) above:
(i) Existing Structures. No setback is required for an
existing legally established structure or for a new
structure that is constructed in the same location and
to the same dimensions as an existing legally
established structure.
(ii) 800 sf; four -foot side and rear. The setbacks imposed
by the underlying zone must yield to the degree
necessary to avoid physically precluding the
construction of up to two units on the lot or either of the
two units from being at least 800 square feet in floor
area; but in no event may any structure be less than
four feet from a side or rear property line.
(C) Front Setback Area. Notwithstanding any other part of this
code, dwellings that are constructed after an urban lot split
must be at least 25 feet from the front property lines. The front
setback areas must:
(i) Be kept free from all structures greater than three feet
high;
(ii) Be at least 50 percent landscaped with drought -
tolerant plants, with vegetation and irrigation plans
approved by a licensed landscape architect; and
(iii) Allow for vehicular and fire -safety access to the front
structure.
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(7) Parking. Each new primary dwelling unit that is built on a lot after an
urban lot split must have at least one off-street parking space per unit
unless one of the following applies:
(A) The lot is located within one-half mile walking distance of
either:
(i) A corridor with fixed route bus service with service
intervals no longer than 15 minutes during peak
commute hours; or
(ii) A site that contains:
(ia) An existing rail or bus rapid transit station; or
(ib) The intersection of two or more major bus routes
with a frequency of service interval of 15
minutes or less during the morning and
afternoon peak commute periods.
(B) The site is located within one block of a car -share vehicle
location. A car -share vehicle shall mean a motor vehicle that
is operated as part of a regional fleet by a public or private car
sharing company or organization and provides hourly or daily
service.
(8) Architecture.
(A) If there is a legal primary dwelling on the lot that was
established before the urban lot split, any new primary
dwelling unit must match the existing primary dwelling unit in
exterior materials, color, and dominant roof pitch. The
dominant roof slope is the slope shared by the largest portion
of the roof.
(B) If there is no legal primary dwelling on the lot before the urban
lot split, and if two primary dwellings are developed on the lot,
the dwellings must match each other in exterior materials,
color, and dominant roof pitch. The dominant roof slope is the
slope shared by the largest portion of the roof.
(C) All new structures and conversions of existing accessory
structures shall meet objective standards of Division 3 of this
article.
(D) If a dwelling is constructed on a lot after an urban lot split and
any portion of the dwelling is less than 3 feet from a property
line that is not a public right-of-way line, then all windows and
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doors in that portion must either be (for windows) clerestory
with the bottom of the glass at least six feet above the finished
floor, or (for windows and for doors) utilize frosted or obscure
glass.
(9) Landscaping.
(A) The project shall be designed meeting all the landscaping
standards of the Santa Ana Municipal Code set forth in section
41-240.
(B) Evergreen landscape screening must be planted and
maintained between each dwelling and adjacent lots (but not
rights of way) as follows:
(i) At least one 15-gallon size plant shall be provided for
every five linear feet of exterior wall. Alternatively, at
least one 24-inch box size plant shall be provided for
every ten linear feet of exterior wall.
(ii) Plant specimens must be at least six feet tall when
installed. As an alternative, a solid fence of at least six
feet in height may be installed.
(iii) All landscaping must be drought -tolerant.
(iv) All landscaping must be from the city's approved plant
list.
(10) Nonconforming Conditions. An urban lot split may be approved
without requiring a legal nonconforming zoning condition to be
corrected.
(11) Utilities.
(A) Each primary dwelling unit on the lot must have its own direct
utility connection to the utility service provider.
(B) Notwithstanding subsectionj(11)(A) above, a primary dwelling
unit may have a direct utility connection to an onsite
wastewater treatment system in accordance with this
paragraph and the city's code. Each primary dwelling unit on
the lot that is or that is proposed to be connected to an onsite
wastewater treatment system must first have a percolation
test completed within the last five years or, if the percolation
test has been recertified, within the last 10 years.
(C) All utilities must be underground.
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(12) Building & Safety. All structures built on the lot must comply with all
current local building standards. An urban lot split is a change of use.
(k) Separate Conveyance.
(1) Within a resulting lot.
(A) Primary dwelling units on a lot that is created by an urban lot
split may not be owned or conveyed separately from each
other.
(B) Condominium airspace divisions and common interest
developments are not permitted on a lot that is created by an
urban lot split.
(C) All fee interest in a lot and all dwellings on the lot must be held
equally and undivided by all individual property owners.
(D) No timeshare, as defined by state law or this code, is
permitted. This includes any co -ownership arrangement that
gives an owner the right to exclusive use of the property for a
defined period or periods of time.
(2) Between resulting lots. Separate conveyance of the resulting lots is
permitted. If dwellings or other structures (such as garages) on
different lots are adjacent or attached to each other, the urban lot
split boundary may separate them for conveyance purposes if the
structures meet building code safety standards and are sufficient to
allow separate conveyance. If any attached structures span or will
span the new lot line, the owner must record appropriate CC&Rs,
easements, or other documentation that is necessary to allocate
rights and responsibility between the owners of the two lots.
(1) Regulation of Uses.
(1) Residential -only. No non-residential use is permitted on any lot
created by urban lot split.
(2) No short-term vacation rentals (STRs). No dwelling unit on a lot that
is created by an urban lot split may be rented for a period of less than
30 days.
(3) Owner Occupancy. The applicant for an urban lot split must sign an
affidavit stating that the applicant intends to occupy one of the
dwelling units on one of the resulting lots as the applicant's principal
residence for a minimum of three years after the urban lot split is
approved.
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(m) Notice of Construction.
(1) At least 30 business days before starting any construction of a
structure on a lot created by an urban lot split, the property owner
must give written notice to all the owners of record of each of the
adjacent residential parcels, which notice must include the following
information:
(A) Notice that construction has been authorized;
(B) The anticipated start and end dates for construction;
(C) The hours of construction;
(D) Contact information for the project manager (for construction -
related complaints); and
(E) Contact information for the Building & Safety Department
(2) This notice requirement does not confer a right on the noticed
persons or on anyone else to comment on the project before permits
are issued. Approval is ministerial. Under state law, the City has no
discretion in approving or denying a particular project under this
section. This notice requirement is purely to promote neighborhood
awareness and expectation.
(n) Deed Restriction. The owner must record a deed restriction on each lot that
results from the urban lot split, on a form approved by the city, that does
each of the following:
(1) Expressly prohibits any rental of any dwelling on the property for a
period of less than 30 days.
(2) Expressly prohibits any non-residential use of the lots created by the
urban lot split.
(3) Expressly prohibits any separate conveyance of a primary dwelling
on the property, any separate fee interest, and any common interest
development within the lot.
(4) Expressly requires that at least one new unit created be deed
restricted for affordable housing at either very low, low or moderate
income levels.
(5) States that:
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(A) The lot is formed by an urban lot split and is therefore subject
to the city's urban lot -split regulations, including all applicable
limits on dwelling size and development.
(B) Development on the lot is limited to development of residential
units under Divisions 2 and 3 of this article, except as required
by State law.
Sec. 41-2110. - Specific Adverse Impacts
(a) Notwithstanding anything else in this section, the city may deny an
application for an urban lot split if the building official makes a written
finding, based on a preponderance of the evidence, that the project would
have a "specific, adverse impact" on either public health and safety or on
the physical environment and for which there is no feasible method to
satisfactorily mitigate or avoid the specific adverse impact.
(b) "Specific adverse impact" has the same meaning as in Gov. Code section
65589.5(d)(2): "a significant, quantifiable, direct, and unavoidable impact,
based on objective, identified written public health or safety standards,
policies, or conditions as they existed on the date the application was
deemed complete" and does not include (1) inconsistency with the zoning
ordinance or general plan land use designation or (2) the eligibility to claim
a welfare exemption under Revenue and Taxation Code section 214(g).
(c) The building official may consult with and be assisted by planning staff and
others as necessary in making a finding of specific, adverse impact.
Section 5. Division 3 is hereby added to Article XX of Chapter 41 (Zoning) of
the Santa Ana Municipal Code to read as follows:
DIVISION 3. - TWO -UNIT PROJECTS
Sec. 41-2111. - Purpose.
The purpose of this division is to allow and appropriately regulate two -unit projects
in accordance with Government Code section 65852.21 and to meet the intent and
objective of the State Legislature to ensure access to affordable housing opportunities as
declared by the State Legislature under SB9 Law.
Sec. 41-2112. - Definition.
(a) "Individual property owner(s)" means a natural person holding fee title
individually or jointly in the person's own name or a beneficiary of a trust
that holds fee title. "Individual property owner" does not include any
corporation or corporate person of any kind (partnership, LP, LLC, C corp,
S corp, etc.) except for a community land trust (as defined by Rev. & Tax
Ordinance No, NS-3013
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Code § 402.1(a)(11)(C)(ii)) or a qualified nonprofit corporation (as defined
by Rev. & Tax Code § 214.15).
(b) A "two -unit project" means the development of two primary dwelling units
or, if there is already a primary dwelling unit on the lot, the development of
a second primary dwelling unit on a legally subdivided lot in accordance
with the requirements of this division.
Sec. 41-2113. -Application.
(a) Owners. Only individual property owners may apply for a two -unit project.
(b) An application for a two -unit project must be submitted on the city's
approved form.
(c) The applicant must obtain a certificate of compliance with the Subdivision
Map Act and the implementing regulations in this code for the lot and
provide the certificate with the application.
(d) Only a complete application will be considered. The city will inform the
applicant in writing of any incompleteness within 30 days after the
application is submitted.
(e) The city may establish a fee to recover its costs for adopting, implementing,
and enforcing this division of the code, in accordance with applicable law.
The city council may establish and change the fee by resolution. The fee
must be paid with the application.
Sec. 41-2114. -Approval.
(a) An application for a two -unit project is approved or denied ministerially, by
the Executive Director of Planning and Building or their designee, without
discretionary review.
(b) The ministerial approval of a two -unit project does not take effect until the
city has confirmed that the required documents have been recorded, such
as the deed restriction and easements.
(c) The approval must require the owner and applicant to hold the city harmless
from all claims and damages related to the approval and its subject matter.
(d) The approval must require the owner and applicant to reimburse the city for
all costs of enforcement, including attorneys' fees and costs associated with
enforcing the requirements of this code.
Sec, 41-2115. Requirements.
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A two -unit project must satisfy each of the following requirements:
(a) Map Act Compliance. The lot must have been legally subdivided.
(b) Zone. The lot is in a single-family residential zone.
(c) Lot Location.
(1) The lot is not located on a site that is any of the following:
(A) Prime farmland, farmland of statewide importance, or land
that is zoned or designated for agricultural protection or
preservation by the voters.
(B) A wetland.
(C) Within a very high fire hazard severity zone, unless the site
complies with all fire -hazard mitigation measures required by
existing building standards.
(D) A hazardous waste site that has not been cleared for
residential use.
(E) Within a delineated earthquake fault zone, unless all
development on the site complies with applicable seismic
protection building code standards.
(F) Within a 100-year flood hazard area, unless the site has
either:
(i) Been subject to a Letter of Map Revision prepared by
the Federal Emergency Management Agency and
issued to the local jurisdiction; or
(ii) Meets Federal Emergency Management Agency
requirements necessary to meet minimum flood plain
management criteria of the National Flood Insurance
Program.
(G) Within a regulatory floodway, unless all development on the
site has received a no -rise certification.
(H) Land identified for conservation in an adopted natural
community conservation plan, habitat conservation plan, or
other adopted natural resource protection plan.
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(1) Habitat for protected species.
(J) Land under conservation easement.
(2) The applicant must provide evidence that the requirements of
Government Code section 65913.4(a)(6)(B)—(K) are satisfied.
(d) Not Historic. The lot must not be a historic property orwithin a historic district
that is included on the State Historic Resources Inventory. Nor may the lot
be or be within a site that is designated by ordinance or resolution as a city
or county landmark or as a historic property or district, or a structure of merit.
A structure of merit is defined as meeting one or more of the following:
(1) It is associated with events that have made a significant contribution
in our past.
(2) It is associated with the lives of persons significant in our past.
(3) It embodies the distinctive characteristics of a type, period,
architectural style or method of construction, or represents the work
of a master, or possesses high artistic or historic value, or represents
a significant and distinguishable collection whose individual
components may lack distinction.
(4) It yields, or may be likely to yield, information important in prehistory
or history.
(5) Its unique location or singular physical characteristic represents an
established and familiar visual feature of a neighborhood.
(e) No Impact on Protected Housing.
(1) The two -unit project must not require or include the demolition or
alteration of any of the following types of housing:
(A) Housing that is income -restricted for households of moderate,
low, or very low income.
(B) Housing that is subject to any form of rent or price control
through a public entity's valid exercise of its policy power.
(C) Housing, or a lot that used to have housing, that has been
withdrawn from rental or lease under the Ellis Act (Gov. Code
sections 7060-7060.7) at any time in the 15 years prior to
submission of the urban lot split application.
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(D) Housing that has been occupied by a tenant in the last three
years.
(2) As part of the two -unit project application, the applicant and the
owner of a property must provide a sworn statement by affidavit
representing and warranting that subsection (e)(1) above is satisfied.
(A) The sworn statement must state the following:
(i) No housing that is income -restricted for households of
moderate, low, or very low income will be demolished
or altered.
(ii) No housing that is subject to any form of rent or price
control will be demolished or altered.
(iii) No housing that has been withdrawn from rental or
lease under the Ellis Act at any time in the last 15 years
will be demolished or altered.
(iv) No housing that has been occupied by a tenant in the
last three years will be demolished or altered.
(B) The city may conduct its own inquiries and investigation to
ascertain the veracity of the sworn statement, including but
not limited to, surveying owners of nearby properties; and the
city may require additional evidence of the applicant and
owner as necessary to determine compliance with this
requirement.
(f) Unit Standards.
(1) Quantity.
(A) No more than two dwelling units of any kind may be built on a
lot that results from an urban lot split. For purposes of this
paragraph, "unit" means any dwelling unit, including, but not
limited to, a primary dwelling unit, a unit created under this
article, an ADU, or a JADU.
(B) A lot that is not created by an urban lot split may have a two -
unit project under this section, plus any ADU or JADU that
must be allowed under state law and the city's ADU
ordinance.
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(2) Unit Size.
(A) The total floor area of each primary dwelling built that is
developed under this section must be:
(i) Less than or equal to 800; and
(ii) More than 500 square feet.
(B) A primary dwelling that was legally established on the lot prior
to the two -unit project and that is larger than 800 square feet
is limited to the lawful floor area at the time of the two -unit
project. The unit may not be expanded.
(C) A primary dwelling that was legally established prior to the
two -unit project and that is smaller than 800 square feet may
be expanded to 800 square feet after or as part of the two -unit
project.
(3) Height Restrictions.
(A) On a lot that is smaller than 2,000 square feet, no new primary
dwelling unit may exceed two stories or 22 feet in height,
measured from grade to peak of the structure. Any portion of
a new primary dwelling that exceeds one story must be
stepped back by an additional five feet from the ground floor;
no balcony deck or other portion of the second story may
project into the stepback.
(B) No rooftop deck is permitted on any new or remodeled
dwelling or structure on a lot with a two -unit project.
(4) Demo Cap. The two -unit project may not involve the demolition of
more than 25 percent of the existing exterior walls of an existing
dwelling unless the site has not been occupied by a tenant in the last
three years.
(5) Lot Coverage. The maximum building coverage of net lot area shall
be 35 percent. If new structures are proposed to be one-story and
be deed restricted to be maintained as one-story structures in
perpetuity, a 50 percent lot coverage is allowed. This lot coverage
standard is only enforced to the extent that it does not prevent two
primary dwelling units on the lot at 800 square feet each.
(6) Open Space. Private open space shall be provided for each unit at
a minimum of one hundred (100) square feet in the form of a private
Ordinance No. NS-3013
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covered patio or deck. The minimum dimensions of such space shall
be eight (8) feet in each direction. This open space standard is only
enforced to the extent that it does not prevent two primary dwelling
units on the lot at 800 square feet each.
(7) Setbacks.
(A) Generally. All setbacks must conform to those objective
setbacks that are imposed through the underlying zone.
(B) Exceptions. Notwithstanding subsection (f)(7)(A) above:
(i) Existing Structures. No setback is required for an
existing legally established structure or for a new
structure that is constructed in the same location and
to the same dimensions as an existing legally
established structure.
(ii) 800 sf; four -foot side and rear. The setbacks imposed
by the underlying zone must yield to the degree
necessary to avoid physically precluding the
construction of up to two units on the lot or either of the
two units from being at least 800 square feet in floor
area; but in no event may any structure be less than
four feet from a side or rear property line.
(C) Front Setback Area. Notwithstanding any other part of this
code, dwellings that are constructed under this section must
be at least 20 feet from the front property lines. The front
setback area must:
(i) Be kept free from all structures greater than three feet
high;
(ii) Be at least 50 percent landscaped with drought -
tolerant plants, with vegetation and irrigation plans
approved by a licensed landscape architect; and
(iii) Allow for vehicular and fire -safety access to the front
structure.
(D) Interior Side Yard and Rear Yard Setbacks. Dwelling units
must provide a minimum of four -foot interior side yard and rear
yard setbacks for the property line.
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(8)
(9)
(E) Corner Lot Setbacks for side yards abutting a street.
Dwellings that are constructed pursuant to Divisions 2 and 3
of this article must provide setbacks at least 10 feet from the
side yard abutting the street.
(F) Existing Structures. No setback is required for an existing
legally established structure or for a new structure that is
constructed in the same location and to the same dimensions
as an existing legally established structure.
Parking. Each new primary dwelling unit must have at least one off-
street parking space per unit unless one of the following applies:
(A) The lot is located within one-half mile walking distance of
either:
(i) A corridor with fixed
intervals no longer
commute hours; or
(ii) A site that contains:
route bus service with service
than 15 minutes during peak
(ia) An existing rail or bus rapid transit station; or
(ib) The intersection of two or more major bus routes
with a frequency of service interval of 15
minutes or less during the morning and
afternoon peak commute periods.
(B) The site is located within one block of a car -share vehicle
location. A car -share vehicle shall mean a motor vehicle that
is operated as part of a regional fleet by a public or private car
sharing company or organization and provides hourly or daily
service.
Architecture.
(A) If there is a legal primary dwelling on the lot that was
established before the two -unit project, any new primary
dwelling unit must match the existing primary dwelling unit in
exterior materials, color, and dominant roof pitch. The
dominant roof slope is the slope shared by the largest portion
of the roof.
(B) If there is no legal primary dwelling on the lot before the two -
unit project, and if two primary dwellings are developed on the
Ordinance No. NS-3013
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lot, the dwellings must match each other in exterior materials,
color, and dominant roof pitch. The dominant roof slope is the
slope shared by the largest portion of the roof.
(C) New roofing and siding materials that are shiny, mirror-like, or
of a glossy metallic finish are prohibited.
(D) All exterior lighting must be limited to down -lights.
(E) No window or door of a dwelling that is constructed on the lot
may have a direct line of sight to an adjoining residential
property. Fencing, landscaping, or privacy glass may be used
to provide screening and prevent a direct line of sight.
(F) If any portion of a dwelling is less than 30 feet from a property
line that is not a public right-of-way line, then all windows and
doors in that portion must either be (for windows) clerestory
with the bottom of the glass at least six feet above the finished
floor, or (for windows and for doors) utilize frosted or obscure
glass.
(G) New skylights shall have flat glass panes. 'Bubble" or dome
type skylights are prohibited.
(H) The roof pitch/slope and roof style (e.g. hip, gable, mansard)
of the proposed unit addition shall be the same as the primary
dwelling.
(1) If a garage is converted to new unit, the garage door opening
shall be replaced with exterior wall coverings, or residential
window and doors, to match the existing exterior garage wall
covering and detailing.
(J) Additions or new construction shall comply with the following
(i) On a site already developed with an existing
residential unit, the new unit shall be designed and
constructed to match the existing paint color and
exterior building materials, including but the limited to
siding, windows, doors, roofing, light fixtures,
hardware, and railings.
(ii) If residential development is propped on a lot where
not residential units currently exist, the units shall be
constructed using the same architectural style,
exterior building materials, colors and finishes.
Ordinance No. NS-3013
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(iii) The size of the common indoor living areas of a
dwelling unit, such as the living room, dining room,
kitchen, family room, etc. must be equal to, or greater
than, the square footage of bedrooms provided.
(iv) Direct exterior access from a first -floor bedroom to the
exterior of the dwelling unit shall be through a sliding
door or double French door.
(v) Upper story unenclosed landings, decks, and
balconies greater than 20 square feet that face or
overlook an adjoining property, shall be located a
minimum of 15 feet from the interior lot lines.
(vi) Water heaters (excluding tank less water heaters) and
laundry facilities (washer and dryer) may not be
located on the exterior of a dwelling unit.
(vii) Upper story unenclosed landings, decks, and
balconies, that do not face or overlook an adjoining
property due to orientation or topography, may be
located at the located at the minimum as allowed by
the underlying zone interior setback line if an
architectural screening element such as enclosing
walls, trellises, awning, or perimeter planters with a
five-foot minimum height is incorporated into the
unenclosed landing, deck, or balcony.
(viii) Upper story windows located within 15 feet of an
interior lot line and face or overlook an adjoining
property shall be installed a minimum of 42 inches
above finish floor.
(10) Landscaping. Evergreen landscape screening must be planted and
maintained between each dwelling and adjacent lots (but not rights
of way) as follows:
(A) At least one 15-gallon size plant shall be provided for every
five linear feet of exterior wall. Alternatively, at least one 24"
box size plant shall be provided for every ten linear feet of
exterior wall.
(B) Plant specimens must be at least six feet tall when installed.
As an alternative, a solid fence of at least 6 feet in height
may be installed.
Ordinance No. NS-3013
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(C) All landscaping must be drought -tolerant.
(D) All landscaping must be from the city's approved plant list.
(11) Nonconforming Conditions. A two -unit project may only be
approved if all nonconforming zoning conditions are corrected.
(12) Utilities.
(A) Each primary dwelling unit on the lot must have its own
direct utility connection to the utility service provider.
(B) Notwithstanding paragraph subsection (f)(12)(A) above, a
primary dwelling unit may have a direct utility connection to
an onsite wastewater treatment system in accordance with
this paragraph and the city's code. Each primary dwelling
unit on the lot that is or that is proposed to be connected to
an onsite wastewater treatment system must first have a
percolation test completed within the last five years or, if the
percolation test has been recertified, within the last 10 years.
(C) All utilities must be underground.
(13) Building and Safety. All structures built on the lot must comply with
all current local building standards. A project under this section is a
change of use and subjects the whole of the lot, and all structures,
to the city's current code.
(g) Separate Conveyance.
(1) Primary dwelling units on the lot may not be owned or conveyed
separately from each other.
(2) Condominium airspace divisions and common interest
developments are not permitted within the lot.
(3) All fee interest in the lot and all the dwellings must be held equally
and undivided by all individual property owners.
(A) No timeshare, as defined by state law or this code, is
permitted. This includes any co -ownership arrangement that
gives an owner the right to exclusive use of the property for
a defined period or periods of time.
(h) Regulation of Uses.
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(1) Residential -only. No non-residential use is permitted on the lot.
(2) No short term rentals (STRs). No dwelling unit on the lot may be
rented for a period of less than 30 days.
(3) Owner Occupancy. Unless the lot was formed by an urban lot split,
the individual property owners of a lot with a two -unit project must
occupy one of the dwellings on the lot as the owners' principal
residence and legal domicile.
(i) Notice of Construction.
(1) At least 30 business days before starting any construction of a two -
unit project, the property owner must give written notice to all the
owners of record of each of the adjacent residential parcels, which
notice must include the following information:
(A) Notice that construction has been authorized.
(B) The anticipated start and end dates for construction.
(C) The hours of construction.
(D) Contact information for the project manager (for
construction -related complaints).
(E) Contact information for the Building and Safety Department.
(2) This notice requirement does not confer a right on the noticed
persons or on anyone else to comment on the project before
permits are issued. Approval is ministerial. Under state law, the City
has no discretion in approving or denying a particular project under
this article. This notice requirement is purely to promote
neighborhood awareness and expectation.
Q) Deed Restriction. The owner must record a deed restriction, on a form
approved by the city, that does each of the following:
(1) Expressly prohibits any rental of any dwelling on the property for a
period of less than 30 days.
(2) Expressly prohibits any non-residential use of the lot.
Ordinance No. NS-3013
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(3) Expressly prohibits any separate conveyance of a primary dwelling
on the property, any separate fee interest, and any common
interest development within the lot.
(4) If the lot does not undergo an urban lot split: Expressly requires the
individual property owners to live in one of the dwelling units on the
lot as the owners' primary residence and legal domicile.
(5) Expressly requires that at least one new unit created be deed
restricted for affordable housing at either very low, low or moderate
income levels.
(6) Limits development of the lot to residential units that comply with
the requirements of this section, except as required by state law.
Sec. 41-2116. - Specific Adverse Impacts.
(a) Notwithstanding anything else in this section, the city may deny an
application for a two -unit project if the building official makes a written
finding, based on a preponderance of the evidence, that the project would
have a "specific, adverse impact" on either public health and safety or on
the physical environment and for which there is no feasible method to
satisfactorily mitigate or avoid the specific adverse impact.
(b) "Specific adverse impact" has the same meaning as in Gov. Code section
65589.5(d)(2): "a significant, quantifiable, direct, and unavoidable impact,
based on objective, identified written public health or safety standards,
policies, or conditions as they existed on the date the application was
deemed complete" and does not include (1) inconsistency with the zoning
ordinance or general plan land use designation or (2) the eligibility to claim
a welfare exemption under Revenue and Taxation Code section 214(g).
(c) The building official may consult with and be assisted by planning staff
and others as necessary in making a finding of specific, adverse impact.
Sec. 41-2117. - Remedies.
If a two -unit project violates any part of this code or any other legal requirement:
(a) The buyer, grantee, or lessee of any part of the property has an action for
damages or to void the deed, sale, or contract.
(b) The city may:
(1) Bring an action to enjoin any attempt to sell, lease, or finance the
property.
Ordinance No. NS-3013
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(2) Bring an action for other legal, equitable, or summary remedy, such
as declaratory and injunctive relief.
(3) Pursue criminal prosecution, punishable by imprisonment in county
jail or state prison for up to one year, by a fine of up to $10,000, or
both; or a misdemeanor.
(4) Record a notice of violation.
(5) Withhold any or all future permits and approvals.
(6) Pursue all other administrative, legal, or equitable remedies that are
allowed by law or the city's code.
Section 6. The City Council hereby declares, based on the findings set forth
above, the urgency exists and that this Ordinance is necessary and appropriate to
preserve the public health, safety, and welfare.
Section 7. This ordinance shall become effective immediately upon its adoption.
Section 8. 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.
Section 9. The Clerk of the Council shall certify the adoption of this ordinance
and shall cause the same to be published as required by law.
ADOPTED this 218t day of December. 2021.
Vicente Sarmiento
Mayor
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By:
Jov M. Funk
Sr. Assistant City Attorney
Ordinance No. NS-3013
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AYES: Councilmembers Hernandez, Lopez, Mendoza, Penaloza,
Phan, Bacerra, Sarmiento (7)
NOES: Councilmembers None (0)
ABSTAIN: Councilmembers 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-3013 to be the original ordinance adopted by the City Council of the
City of Santa Ana on December 21, 2021 and that said ordinance was published in
accordance with the Charter of the City of Santa Ana.
Date: a ��
Daisy Gomez
Clerk of the Council
City of Santa Ana
Ordinance No. NS-3013
Page 32 of 32