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HomeMy WebLinkAbout75A - PH - UNDERGROUND UNTILITY INSTALLATIONSREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 6, 2016 TITLE: PUBLIC HEARING — ZONING ORDINANCE AMENDMENT NO. 2016 -04 TO AMEND PROVISIONS OF CHAPTER 41 OF THE SANTA ANA MUNICIPAL CODE RELATING TO UNDERGROUND UTILITY INSTALLATIONS — CITY OF SANTA ANA, APPLICANT (STRATEGIC PLAN NOS. 3,2; 5, 3) % r J � CITY MANAGE RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: p'•:• N" ❑ As Recommended ❑ As Amended ❑ Ordinance on 16' Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution Ci Set Public Hearing For_ CONTINUED TO FILE NUMBER Adopt an ordinance approving Zoning Ordinance Amendment No. 2016 -04. PLANNING COMMISSION ACTION At its regular meeting on November 14, 2016, by a vote of 7:0, the Planning Commission recommended that the City Council adopt an ordinance approving Zoning Ordinance Amendment No. 2016 -04 to amend Section 41 -626 of Chapter 41 of the Santa Ana Municipal Code (SAMC) pertaining to underground utility installations to help streamline the requirements for new and replacement utility services. The Planning Commission made no changes to the recommended draft ordinance in the attached staff report (Exhibit A). DESCRIPTION The City of Santa Ana is requesting amendments to Chapter 41 of the SAMC, which will include Section 41 -626 (Underground Utility Installations). Section 41 -626 requires that all utility cables, wires, or feeds be placed underground for certain projects, including new or relocated buildings, additions to existing structures, conversions of buildings to other uses, and changes or increases to services. The proposed revisions to code section pertaining to underground utility installations will help streamline the requirements for new and replacement utility services. Staff analyzed several projects including small residential additions, major residential additions, and the construction of second /accessory dwelling units. Several projects had been affected with the high cost of providing underground utilities or having to apply for a waiver, which meant that continuing construction, was determined by the amount of time it took to have the waiver reviewed and by the final decision to approve or the deny the application. For many of the projects that are approved over - the - counter, the 25% threshold is often exceeded by a small addition such as a master bathroom, a family room, or even one bedroom. The proposed code amendment would increase the threshold to 50 percent 75A -1 Zoning Ordinance Amendment No. 2016 -04 — Amend Chapter 41 of the SAMC Relating to Underground Utility Installations December 6, 2016 Page 2 for residential (one - family or two- family /duplex) structures. The proposed increase will help property owners streamline the permitting process without creating additional requirements or approvals. The amendment would also exempt accessory dwelling units from the undergrounding requirement. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #3 - Economic Development, Objective #2 (create new opportunities for business /job growth and encourage private development through new General Plan and Zoning Ordinance policies) and Goal #5 — Community Health, Livability, Engagement & Sustainability, Objective #3 (facilitate diverse housing opportunities and support efforts to preserve and improve the livability of Santa Ana neighborhoods). FISCAL IMPACT There is no fiscal impact associated with this action. Hassan Haghani, AICP� Executive Director Planning & Building Agency 10: rb 10 0anning CommissionMW Revisions\Z0A201&04.cc Exhibits: A. Planning Commission Staff Report B. Ordinance 75A -2 REQUEST FOR PLANNING COMMISSION MEETING DATE. I TITLE; PUBLIC HEARING — FILED BY THE CITY OF SANTA ANA FOR ZONING ORDINANCE AMENDMENT NOS. 2016 -04 TO AMEND PROVISIONS OF CHAPTER 41 OF THE SANTA ANA MUNICIPAL CODE RELATING TO UNDERGROUND UTILITY INSTALLATIONS (STRATEGIC PLAN NOS. 3,2; 5,3) Prepared by )van Orc zco I� APPROVED • As Recommended • As Amended • Set Public Hearing For DENIED ❑ Applicant's Request ❑ Staff Recommendation CONTINUED TO Eeutivo Dire for Planning Manager xe — RECOMMENDED ACTION Recommend that the City Council adopt an ordinance approving Zoning Ordinance Amendment Nos. 2016 -04 to revise Chapter 41 (Zoning) of the Santa Ana Municipal Code (SAMC). Request of the Appliic The City of Santa Ana is requesting amendments to Chapter 41 of the SAMC, which will include Section 41 -626 (Underground Utility Installations). Prolect Description The proposed changes will amend section 41 -626 of Chapter 41 of the SAMC. The proposed revisions to code section pertaining to underground utility installations will help streamline the requirements for new and replacement utility services. Various sections within Chapter 41 of the Santa Ana Municipal Code (Zoning) have been revised periodically over the last several years to respond to changes in development, to adopt new permitting procedures, and to comply with changes to state and federal laws. In a continuing effort to establish high - quality development standards and to create a user - friendly environment for residents and the business community within the city, the Planning Division is proposing revisions to various sections of Chapter 41. After a thorough analysis of the current code requirements in the city, staff identified a number of code amendments and additions necessary to ensure clear, uniform, and legally consistent regulations for various sections of the SAMC. The proposed changes and additions will enable the City to implement a regulatory framework that both protects the health, safety, and welfare of the city and limits undue strain on home owners, business operators and developers. EXHIBIT A 75A -3 Zoning Ordinance Amendment No. 2016 -04 November 14, 2016 Page 2 Staff analyzed several projects including small residential additions, major residential additions, and the construction of second /accessory dwelling units: Several projects had been affected with the high cost of providing underground utilities or having to apply for a waiver, which meant that continuing construction, was determined by the amount of time it took to have the waiver reviewed and by the final decision to approve or the deny the application. Praiect Analysis Staff is proposing several amendments to Chapter 41 of the SAMC, The following sub - section details the proposed modifications to the Zoning Code. Section 41 -626 of the SAMC requires that all utility cables, wires, or feeds be placed underground for certain projects, including new or relocated buildings, additions to existing structures, conversions of buildings to other uses, and changes or increases to services, Currently, this section of the SAMC requires undergrounding of utility cables for any building addition in excess of 25 percent, including residential additions above this threshold. For many of the projects that are approved over -the- counter, the 25% threshold is often seen when property owners wish to add a master bathroorn, a family room, or even one bedroom. The proposed code amendment would increase the threshold to 50 percent for residential (one - family or two- family /duplex) structures. The proposed increase will help property owners streamline the permitting process without creating additional requirements or approvals. No changes will take place regarding the 25 percent threshold for multi - family and non- residential structures. Moreover, the amendment would clarify that the provisions requiring undergrounding of utility cables do not apply when a second /accessory dwelling unit is being constructed. The New state law has provided a framework of requirements to make accessory dwelling units more affordable and accessible to property owners. The proposed modifications will allow property owners the opportunity to construct an accessory dwelling unit without the concern of providing underground utilities (Exhibit 1).. Public Notification The proposed amendments are citywide and the project site is not located within the boundaries of one single neighborhood association. However, staff coordinated a meeting with neighborhood and community groups to discuss the proposed changes, communicated the proposed changes via phone to various community groups, and a notice was published in the Orange County Register. At the time of this printing, no correspondence, by phone, written, or electronic, had been received from any members of the public. CEQA Compliance In accordance with the California Environmental Quality Act (CEQA) the recommended action is exempt from CEQA per Section 16061(b)(3). This exemption applies to projects where it can be seen With certainty that there is no possibility that the activity in question may have a significant effect on 75A -4 Zoning Ordinance Amendment No. 2016 -04 November 14, 2016 Page 3 the environment. Therefore, it can be seen with certainty that there is no possibility that the proposed code changes will have a significant effect on the environment. General Rule Exemption No, ER 2016 -150 will be filed for this project. Strategic Plan Alignment Approval of these items supports the City's efforts to meet Goal No. 3 - Economic Development, Objective No. 2 (create new opportunities for business /job growth and encourage private development through new General Plan and Zoning Ordinance policies) and Goal No, 5 — Community Health, Livability, Engagement &Sustainability, Objective No. 3 (facilitate diverse housing opportunities and support efforts to preserve and improve the livability of Santa Ana neighborhoods). Conclusion The proposed action would amend section 41 -626 of the Santa Ana Municipal Code. Based on the background analysis provided within this report, staff recommends that the Planning Commission recommend that the City Council approve Zoning Ordinance Amendment No. 2016 -04. Assistant IO:jm 10TIanning Oommission=W RevislonsMA201 M4.pc. Attachments: Exhibit 1 — Proposed amendments to Chapter 41- Underground Utility Installations 75A -5 + ! f �%1K*j=PQqR#zM Strike -out is deletion Underline is addition general Provisions Sec. 41 -625. - Underground utility installations. (a) (1) When any property is developed with a now or relocated building or structure. (2) When an addition is proposed to a single famiiv residence or duplex in excess of fifty {50) percent of the existing floor area. (3) When an addition is proposed to amulti- family ornon- residential structure in excess of twenty -five (25) percent of the existing floor area. €xsept- as- otk+erwise- prgyided- ter- ia�- subsestiees -(i�); (o)- {{I)- gad (e} -of- this- sectiarr,- whenever -any property -is -d aveiaped -vvi th- new- or- re4o5ateFi -b� i ktings- o�struet+�r- es -or- whenever- €loer- grog -i +i excess -of tweaby ,€i�{y?5- )- pe�scrr- �t- et- tla -e- existing- fiefar area -is- added- to- acFe>ciuting- b+. +iJdintd -sr wdian4v$r a- rssdential- buiJtiinJ - ©r- sags canner -led #a ny nenresdeatal puryese cr ss or u� +ave�sew ca is sM ged tarany rx assn aiF eet+isal; i it+pk one ssn4m.ur ty..amem4a teievisiar+ anti- sirai4ar- eerv4ce- ��viree- eFSabies- whisFi- pr+3vide- direst- serviGa- tattta- pr�a{aer€y- bair�g de- vsieped;- added -ts; - er- serwwerted- shall- with+ rt- tk�aa�i- tario�beun�iar- y- I +nr�s -of - si+c- h-k7ertYr� 'tasta4led- uadergr�aunEl- conduits- r�}rured- far - telephone- sr- ce+��n� unity- ai+tenna._6eleuisien- slaaU -be instailerFda -uEil i4y.- spesif ieations -hy- the- eiesEriaal- permit kiol d er- priev -te-i aspestie rra€ eiestriea! cor�dHlF (b) For existing single- family and duplex (two - family) structures, a new service meter may be Installed without the utility wires and Cables being Installed underground provided that the new meter to be installed is a dual function service box which may be converted for underground service when appropriate. (c) For existing multifamily, commercial, and industrial structures, a change of service may be permitted with a waiver from the requirements of subsection (a), above, if approved by the planning director. Waivers may be granted if, after a review of aesthetic and technical considerations, a determination is made that environmental or other conditions affecting the site make the underground installation of wires or cables unreasonable or Impractical, Requests for waivers shall be in writing on forms provided by the planning department. The declslon of the designee may be appealed to the planning commission by filing an appeal application to the planning department within ten (10) days. The decision of the planning commission shall be final. The form and content of the waiver application and appeal application shall be determined by the executive director of the planning and building safety agency. EXHIBIT 1 Page 1 75A -6 (d) For existing single- family and duplex (two -unit) structures, a waiver as outlinesd in subsection (c) may be granted for expansion of the existing structures as referenced in subsection (al, provided no additional dwelling units are created. (a) In addition to the waiver provisions of this section outlined in subsections (c) and (d), minor exceptions may be granted from the requirements of subsection (a) of this section for new or relocated buildings or structures subject to the standards set forth in section 41 -638. ll The requirements of this section shall not apply to construction of new second dwelling unit provided however, that all electrical feeds between the primary residence and a detached second dwelling unit shall be placed underground. Page 2 75A -7 LS 11.14.16 ORDINANCE NO. NS -XXX 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 THE REQUIREMENT OF UNDERGROUND UTILITY INSTALLATIONS 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 ($AMC) requires updates periodically in order to streamline requirements and procedures and /or gain compliance with new state or federal legislation. B. In a continuing effort to establish high- quality development standards and to create a user friendly environment for residents and the business community within the city, the Planning Division is proposing revisions to various sections of Chapter 41. C. After a thorough analysis of the current code requirements in the city, staff identified a code amendment and additions necessary to ensure clear, uniform, and legally consistent regulations for various sections of the SANK. The proposed changes and additions will enable the City to implement a regulatory framework that both protects the health, safety, and welfare of the city and limits undue strain on home owners, business operators and developers. Staff analyzed several projects including small residential additions, major residential additions, and the construction of second /accessory dwelling units. Several projects had been affected with the high cost of providing underground utilities or having to apply for a waiver, which meant that continuing construction, was determined by the amount of time it took to have the waiver reviewed and by the final decision to approve or the deny the application. D. Section 41 -626 of the SAMC requires that all utility cables, wires, or feeds be placed underground for certain projects, including new or relocated buildings, additions to existing structures, conversions of buildings to other uses, and changes or increases to services. Currently, this section of the SAMC requires undergrounding of utility cables for any building addition in excess of 25 percent, including residential additions above this threshold. For many of the projects that are approved over - the - counter, the 25% threshold is often seen when property owners wish to add a master bathroom, a family room, or even one bedroom. The proposed code amendment would increase the threshold to 50 Ordinance No. NS -XXX Page 1 of 5 75A -8 percent for residential (one - family or two - family /duplex) structures. The proposed increase will help property owners streamline the permitting process without creating additional requirements or approvals. No changes will take place regarding the 25 percent threshold for multi - family and non - residential structures. Moreover, the amendment would clarify that the provisions requiring undergrounding of utility cables do not apply when a second /accessory dwelling unit is being constructed. The New state law has provided a framework of requirements to make accessory dwelling units more affordable and accessible to property owners. The proposed modifications will allow property owners the opportunity to construct an accessory dwelling unit without the concern of providing underground utilities. E. The City Council has held a noticed public hearing on this Ordinance and has considered all testimony presented thereto. THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES HEREBY ORDAIN AS FOLLOWS: Section 2: In order to implement a regulatory framework that both protects the health, safety, and welfare of the city and limits undue strain on homeowners, business operators and developers, Section 41 -626 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 41 -626. - Underground utility installations. (a) similar service wires or cables which provide direct service to the property being antenna television shall be installed to utility specifications by the electrical permit holder prior to inspection of electrical conduit. (1) When any property is developed with a new or relocated building or structure. (2) (3) i xsept- as -athen tse pr- Wiled- fer-in- subseetians (b} f�j (d} and (e}e# tktis sesto when +ever-a ny -pr9perty4s-- 4e*eGi39d- w1th - -new- ar-reio ree-s 75A -9 Ordinance No. NS -XXX Page 2 of 5 75A -10 LS 11.14.16 ORDINANCE NO, NS -XXX 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 THE REQUIREMENT OF UNDERGROUND UTILITY INSTALLATIONS 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 streamline requirements and procedures and /or gain compliance with new state or federal legislation. B. In a continuing effort to establish high - quality development standards and to create a user friendly environment for residents and the business community within the city, the Planning Division is proposing revisions to various sections of Chapter 41. C. After a thorough analysis of the current code requirements in the city, staff identified a code amendment and additions necessary to ensure clear, uniform, and legally consistent regulations for various sections of the SAMC. The proposed changes and additions will enable the City to implement a regulatory framework that both protects the health, safety, and welfare of the city and limits undue strain on home owners, business operators and developers. D. Section 41 -626 of the SAMC requires that all utility cables, wires, or feeds be placed underground for certain projects, including new or relocated buildings, additions to existing structures, conversions of buildings to other uses, and changes or increases to services. Currently, this section of the SAMC requires undergrounding of utility cables for any building addition in excess of 25 percent, including residential additions above this threshold. The proposed code amendment would increase the threshold to 50 percent for residential (one - family or two - family /duplex) structures, and would keep the 25 percent threshold for multi - family and non - residential structures. Moreover, the amendment will clarify that the provisions requiring undergrounding of utility cables do not apply when a second /accessory dwelling unit is being constructed E. The City Council has held a noticed public hearing on this Ordinance and has considered all testimony presented thereto. Exhibit B Ordinance No. NS -XXX Page 1 of 4 75A -11 THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES HEREBY ORDAIN AS FOLLOWS: Section 2: In order to implement a regulatory framework that both protects the health, safety, and welfare of the city and limits undue strain on homeowners, business operators and developers, Section 41 -626 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 41 -626. - Underground utility installations. (a) Except as otherwise provided for in subsections (b), (c), (d) and (e) of this section, whenever any property is developed with new or relocated buildings or structures, or whenever floor area in excess of twenty -five (25) per -c-ent percent of the existing floor area is added to an existing non - residential or multi -family structure, 2i:twenty- five (26) fifty (50) percent of the existing floor area is added to an existing single family or duplex (two-unit) structure building, or whenever a residential building or use is converted to any nonresidential purpose or use, or whenever service is changed for any reason, all electrical, telephone, community antenna television and similar service wires or cables which provide direct service to the property being developed, added to, or converted, shall, within the exterior boundary lines of such property, be installed underground. Conduits required for telephone or community antenna television shall be installed to utility specifications by the electrical permit holder prior to inspection of electrical conduit. (b) For existing single - family and duplex (two - family) structures, a new service meter may be installed without the utility wires and cables being installed underground provided that the new meter to be installed is a dual function service box which may be converted for underground service when appropriate. (c) For existing multifamily, commercial, and industrial structures, a change of service may be permitted with a waiver from the requirements of subsection (a), above, if approved by the planning director. Waivers may be granted if, after a review of aesthetic and technical considerations, a determination is made that environmental or other conditions affecting the site make the underground installation of wires or cables unreasonable or impractical. Requests for waivers shall be in writing on forms provided by the planning department. The decision of the designee may be appealed to the planning commission by filing an appeal application to the planning department within ten (10) days. The decision of the planning commission shall be final. The form and content of the waiver application and appeal application shall be determined by the executive director of the planning and building safety agency. (d) For existing single - family and duplex (two -unit) structures, a waiver as outlinesd in subsection (c) may be granted for expansion of the existing structures as referenced in subsection (a, provided no additional dwelling units are created. Ordinance No. NS -XXX Page 2 of 4 75A -12 (e) O In addition to the waiver provisions of this section outlined in subsections (c) and (d), minor exceptions may be granted from the requirements of subsection (a) of this section for new or relocated buildings or structures subject to the standards set forth in section 41 -638. Section 3. In accordance with the California Environmental Quality Act (CEQA) the recommended action is exempt from CEQA per Section 15061(b)(3). This exemption applies to projects where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. Therefore, it can be seen with certainty that there is no possibility that the proposed code changes will have a significant effect on the environment. General Rule Exemption No. ER 2016 -150 will be filed for this project. 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 2016. APPROVED AS TO FORM: Sonia R. Carvalho City Af�++ t-�ttorney Lisa Storck Assistant City Attorney Miguel A. Pulido Mayor 75A -13 Ordinance No, NS -XXX Page 3 of 4 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 , 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 75A -14 Ordinance No. NS -XXX Page 4 of 4