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HomeMy WebLinkAboutNS-2458 - Repealing Santa Ana Municipal Code Regarding Small Lot Single Family Presence...275 ORDINANCE NO. NS-2458 AN ORDINANCE OF THE CITY OF SANTA ANA REPEALING SECTIONS 41-241 THROUGH 41-245.14 OF THE SANTA ANA MUNICIPAL CODE REGARDING SMALL LOT SINGLE FAMILY RESIDENCE (R1-4000) USE DISTRICT REGULATIONS (ZOA NO. 00-13) AND REZONING CERTAIN PROPERTY LOCATED AT 220 SOUTH EUCLID STREET FROM THE SMALL LOT SINGLE FAMILY RESIDENCE (R1-4000) ZONING DISTRICT TO THE SINGLE FAMILY RESIDENCE (R1) ZONING DISTRICT (AA NO. 00-04) THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1: The City Council has reviewed and considered the information contained in the initial study and the negative declaration prepared with respect to this Ordinance. The City Council has, as a result of its consideration, and the evidence presented at the headngs on this matter, determined that, as required pursuant to the California Environmental Quality Act (UCEQA") and the State CEQA Guidelines, a Negative Declaration adequately addresses the expected environmental impacts of this Ordinance. On the basis of this review, the City Council finds that there is no evidence from which it can be fairly argued that the project will have a significant adverse effect on the environment. The City Council hereby certifies and approves the negative declaration and directs that the Notice of Determination be prepared and filed with the County Clerk of the County of Orange in the manner required by law. SECTION 2: The City Council of the City of Santa Ana hereby finds, determines and declares as follows: The R1-4000 development standards allow single-family detached development on minimum 4,000 square foot lots as part of a one-acre minimum residential development. Projects developed in Santa Ana using the R1-4000 standards typically suffer from limited yard and open space areas, insufficient parking and vehicle congestion, and property maintenance concerns. Co Demographics in Santa Ana suggest that detached single-family residential development needs to provide greater yard areas to allow families to recreate on site. Wider streets then those proposed in the R1-4000 standards are petter suited to accommodate guest parking, reduce congestion, and create a vibrant single-family residential neighborhood. Ordinance No. NS-2458 Page I of 3 276 Many of the associations created to enforce the standards within residential developments have had limited success in ensuring that the developments meet the City's expectations in terms of property maintenance and enforcement of established requirements. Prior to the creation of the R1-4000 zoning district, the standard single- family residential lot size in the city was 6,000 square feet. This lot size affords appropriate front yard and rear yard areas to ensure open space amenities and separation from adjacent residences. Also, this lot size generally provides space for future expansion of the residence by accommodating area for room additions as homeowner needs change over time. This Ordinance in no way prevents the City from meeting its regional housing requirements. Amendment Application No. 00-04 has been filed to make certain changes in the zoning district designation of certain property located at 220 South Euclid Street, as hereinafter set forth; and This Council after duly noticed public hearing, has determined that the change in use district designation proposed in the above said Amendment Application are justified by the public necessity, convenience and general welfare. SECTION 3: That Division 3.5 (consisting of Sections 41-241 through 41-245.14, inclusive) of Article III of Chapter 41 of the Santa Ana Municipal Code is hereby repealed in its entirety. SECTION 4: That certain real property located at 220 South Euclid Street and designated in Exhibit A, attached hereto and incorporated herein by reference, is hereby reclassified from the Small Lot Single Family (R1-4000) zone district to the Single Family Residence (R1) zone district. SECTION 5: Amended Sectional District Map Number 16-5-10, showing the above described change in use district designation, is hereby approved. SECTION 6: 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 Aha 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. Ordinance No. NS-2458 Page 2 of 3 277 SECTION 7: Neither the adoption of this ordinance nor the repeal hereby of any ordinance shall in any manner affect the prosecution for violation of ordinances, which violations were committed prior to the effective date hereof, nor be construed as affecting any of the provisions of such ordinance relating to the collection of any such license or penalty or the penal provision applicable to any violation thereof, nor to affect the validity of any bond or cash deposit in lieu thereof, required to be posted, filed or deposited pursuant to any ordinance and all rights and obligations thereunder appertaining shall continue in full force and effect. ADOPTED this 18th day of December, 2000. ATTEST: Patricia E. Healy Clerk of the Council COUNCILMEMBERS: Pulido Aye McGuigan Aye Alvarez Aye Bist Aye Christy Aye Franklin Aye Solorio Aye APPROVED AS TO FORM: Joseph W. F etcher, City Attorney Deputy City Attorney CERTIFICATE OF ORIGINALITY & PUBLICATION I, PATRICIA E. HEALY, Clerk of the Council, do hereby certify the attached Ordinance No. NS-2458 to be the original ordinance adopted by the City Council of the City of Santa Ana on December 18 2000; 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 Ordinance No. NS-2458 Page 3 of 3 EXHIBIT A R4 279 Garden I I A1 GENERAL AGRICULTURE C5 -B PARKING MODIFICATION CR C-SM COMMERCIAL SOUTH MAIN GC Cl COM ML~NITY COMMERCIAL Cl-MD COMM.COMMERCIAL/MUSEUMDISTRICT M2 C2 GENERAL COMMERCIAL MO C3 CENTRAL EUSINESS O C3-A CENTRAL EUSINESS*ARTIST VILLAGE P C4 pLANNED SHOPPING CENTER PCD ARTERIAL COMMERCIAL COMMERCIAL RESIDENTIAL GOVERNMENT CENTER LIGHT INDUSTRIAL H~AVY INOUSTR~AL MILITARY OPERATIONS OPEN SPACE PROFESSIONAL PLANNED COMMUNITY DEVELOPMENT SD SP PRD PLANNED RESIDENTIAL DEVELOPMENT R1 SINGLE FAMILY RESIDENTIAL R 14000 SMALL LOT SINGLE FAMILY RES. R2 LIMITED MULTIPLE FAMILY RES. R3 MEDIUM DENSITY MULTIPLE FAMILY RESIDENTIAL R4 SUBURBAN APARTMENTS RE REAL ESTATE SPECIFIC DEVELOPMENT SPECIFIC pLAN 1" = 1000 FEET . AA 00-04 CITY OF SANTA ANA ~ Rezone from R1-4000 to R1 -- -- = 2500 FEET -- -- =300FEET P L A N N I N G A N D B U I L D I N G A G E N C Y