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Home My WebLink About75J - PH - CH 41 SMALL LOTSREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 19, 2017 TITLE: PUBLIC HEARING—ZONING ORDINANCE AMENDMENT NO. 2017-05 TO AMEND PROVISIONS OF CHAPTER 41 OF THE SANTA ANA MUNICIPAL CODE RELATING TO SMALL LOT SUBDIVISIONS — CITY OF SANTA ANA, APPLICANT {STRATEGIC PLAN NO. 3,2; 5,3) SWI iY9 7 RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: 011=161TA:4 ❑ As Recommended ❑ As Amended ❑ Ordinance on V Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Adopt an ordinance approving Zoning Ordinance Amendment No. 2017-05. PLANNING COMMISSION ACTION At its regular meeting on November 13, 2017, the Planning Commission by a vote of 6:0 (Verino absent) recommended that the City Council adopt an ordinance approving Zoning Ordinance Amendment No. 2017-05 to amend Chapter 41 of the Santa Ana Municipal Code (SAMC) to allow the creation of small lot subdivisions in certain zoning districts. The Planning Commission recommended adoption of the proposed zoning ordinance amendment with no changes to the proposed ordinance outlined in the attached staff report (Exhibit A). The City is proposing to add Article XX. — Small Lot Subdivisions to Chapter 41 of the SAMC to allow the creation of small lot subdivisions in certain zoning districts. The ordinance will promote affordable housing ownership opportunities by providing flexible development standards and maintenance instruments. Staff is recommending approval of the ZOA to create flexible housing construction and ownership opportunities in areas of the city already identified for infill or medium - density housing. Background As the State's economy recovers, affordable housing supply still remains an issue. In an effort to address this, the City of Los Angeles adopted an innovative small lot subdivision ordinance in 2004; aimed to increase moderately priced homeownership housing. Understanding constricted lending practices and fixed development standards, flexible development standards were adopted to make 75J-1 Zoning Ordinance Amendment No. 2017-05 — Amend Chapter 41 of the SAMC Relating to Small Lot Subdivisions December 19, 2017 Page 2 financing of such projects more feasible for developers by requiring minimum standards rather than maximum development standards. Since the adoption of the Los Angeles ordinance, several Southern Californian cities such as Costa Mesa, Long Beach, Westminster and Irvine have adopted similar ordinances as a form to address the lack of affordable homeownership housing development. As this type of fee -simply ownership promotes entry level housing, makes efficient use of scarce developable land and increases housing availability, staff is proposing a similar ordinance to address the homeownership housing needs in Santa Ana. What is a small lot subdivision? A small lot subdivision is a project that constructs single-family dwelling units on lots that are smaller than conventional single-family development sites. The dwelling units in a small lot subdivision have separate foundations and walls, and each unit sits on its own private lot. These projects can resemble those of townhomes and condominium developments; however, unlike townhomes and condominiums that may require association fees, the houses in a small lot subdivision are owned fee -simple, meaning each unit is owned individually. Common areas like driveways or open space are typically governed by a maintenance agreement. By avoiding condo fees, small lot subdivisions make home ownership more feasible and affordable. Proposed Ordinance Staff is proposing to add Article XX. — Small Lot Subdivisions to Chapter 41 of the SAMC to allow small lot subdivisions in Specific Development No. 84 (Transit Zoning Code); Specific Plan No. 2 (Harbor Mixed Use Transit Corridor); Overlay Zone No. 1 (Metro East Mixed Use Overlay Zone); and through the establishment of a Specific Development (SD). The intent of this article is to establish a reasonable and uniform regulatory framework for the subdivision of land into small lots. The subdivision of small lots will be permitted subject to compliance with the standards identified in the following table. Table 1: Proposed Small Lot Subdivision Standards Sub 00IRTT=_' Standard — _ Lot Frontage and Access Each lot will have frontage off a public street or alley and/or access to a street or an alley by an easement. Minimum Lot Size 1,000 square feet Maximum Lot Coverage 70 percent Required Yards As required by the underlying zoning district. Separation between None required. However, if the development is adjacent to common or private open Buildings space of the adjacent lot, then a 5 -foot setback will be applicable. Private 300 square feet of private open space per unit/small lot. Open Space For projects of 10 or more small lots, common open space will be required to equal i Common not less than 5 percent of the total development size, but not less than 100 square I feet per unit/small lot. 75J-2 Zoning Ordinance Amendment No. 2017-05 - Amend Chapter 41 of the SAMC Relating to Small Lot Subdivisions December 19, 2017 Page 3 Sub set ti , „`�'�Standard"'� Landscaping All required yards and areas not designated for walkways, parking, drive aisles, or private open sace will be required to have landscape. 20 feet if parking will be located in front of garage, otherwise, 3 feet will be required Driveway Length in order to prevent vehicles from parallel parking in front of garages and encroaching into dedicated walkways. Service Standards Trash area/location will be required. 5 or less A maintenance agreement will be required in lieu of an association. small lots Maintenance More than A reciprocal access and/or maintenance easement agreement will be required and Agreement 5 small lots be maintained by an association. In addition to the standards identified in Table 1, small lot subdivision projects will need to comply with the development standards identified in the underlying zoning district. The zoning districts in which small lot subdivisions will be allowed per the proposed ordinance have standards that govern the form of the proposed development. Furthermore, these projects will still be subject to the city's citywide design guidelines. Due to the comprehensive nature of the guidelines, no additional design standards are being applied. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #3 - Economic Development, Objective #2 (create new opportunities development through new General Plan Community Health, Livability, Engagement housing opportunities and support efforts to neighborhoods). FISCAL IMPACT for business/job growth and encourage private and Zoning Ordinance policies); and Goal #5 - & Sustainability, Objective #3 (facilitate diverse preserve and improve the livability of Santa Ana There is no fiscal impact associated with this action. -Candida Neal, AICP Acting Executive Director Planning & Building Agency JCG:rb SARFCA\12-05-17\Z0A17-05 Small Lot Subdivision= Exhibit: A. Planning Commission Staff Report B. Ordinance 75J-3 75J-4 ORDINANCE NO. NS -XX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AN AMENDMENT TO PROVISIONS OF CHAPTER 41 OF THE SANTA ANA MUNICIPAL CODE RELATING TO SMALL LOT SUBDIVISIONS THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The Santa Ana Municipal Code (SAMC) requires updates periodically in order to address current housing trends. B. The intent of the small lot subdivision ordinance is to promote affordable ownership housing opportunities for Santa Ana residents by providing flexible development standards and maintenance instruments, and to establish a reasonable and uniform regulatory framework for the subdivision of land into small lots. C. On November 13, 2017, the Planning Commission held a duly noticed public hearing and voted to recommend that the City Council adopt Zoning Ordinance Amendment No. 2017-05. D. The City Council, on December 19, 2017, held a duly noticed public hearing regarding this ordinance and has considered all testimony presented thereto. Section 2. The proposed ordinance has been reviewed with respect to applicability of the California Environmental Quality Act ("CEQA") and the State CEQA Guidelines (California Code of Regulations, Title 14, Section 15000 et seq.). The project is exempt from CEQA as it can be seen with certainty that there is no impact on the environment [Section 15061(b) (3)] and a Notice of Exemption will be filed upon adoption of this ordinance. Section 3. Article XX. — Small Lot Subdivisions is hereby added to Chapter 41 of the Santa Ana Municipal Code to read as follows: ARTICLE XX. — SMALL LOT SUBDIVISIONS Sec. 41-2100. — Purpose. The purpose of this article is to establish a reasonable and uniform regulatory framework for the subdivision of land into small lots. Small lot subdivisions are intended to provide an alternative to the traditional single-family subdivision, increasing options for fee -simple home ownership opportunities. 75J-5 Sec. 41-2101. — Definitions. Unless the particular provision or the context otherwise requires, the definitions and provisions contained in this section shall govern the construction, meaning, and application of words and phrases used in this article: (a) "Development site" shall mean the total land area of a small lot subdivision project after all required dedications for public improvements. (b) "Drive Aisle" shall mean the paved area which has been designated as a vehicle passageway to provide access to a small lot. (c) "Driveway" shall mean the paved area which has been designated to provide access to a dwelling or live -work unit's required parking, starting at a public street or alley, or at the ultimate right-of-way of a common access drive aisle that serves the lot, leading to a garage or uncovered parking space. (d) "Interior lot line" shall mean all lot lines created within the development site for the purpose of subdividing and creating small lots. (e) "Small lot" shall mean a parcel of land created through a small lot subdivision for the purpose of developing it with a single-family residence or live -work unit. (f) "Small lot subdivision" shall mean a residential development containing detached single-family residences or live -work units on land that is subdivided into fee simple parcels containing each unit. Sec. 41-2102. — Applicability. The subdivision of small lots is permitted subject to compliance with the following standards: (a) Eligibility. Small lot subdivisions are permitted in the following districts: (1) In any sub -zone within Specific Development No. 84 (Transit Zoning Code), Specific Plan No. 2 (Harbor Mixed Use Transit Corridor Specific Plan), and Metro East Mixed Use Overlay Zone (OZ -1) where single- family and live -work uses are allowed. (2) Small lot subdivisions may be permitted through the establishment of a specific development district that is established in accordance with the provisions of Division 26 of this code. 75J-6 (b) Small Lot Frontage and Access. (1) Each individual small lot containing a dwelling or live -work unit shall have frontage on a public street or alley, or be provided with direct access to a public street or alley by an easement for access through the recorded subdivision map. (2) Small lots are exempt from frontage requirements set forth in Section 34- 56 of this Code. (3) Areas within the small lot subdivision identified as points of shared access, walkways, drive aisles shall not be restricted by the construction of fences or walls, or other such barriers. (c) Minimum Lot Size. (1) Each small lot containing a dwelling unit shall have at minimum one thousand (1,000) square feet of lot area. (2) The calculation for minimum lot size shall not include any portion of the small lot that is designated or used as shared space. (d) Lot Coverage. No more than seventy (70%) percent of the small lot shall be covered by structures. (e) Required Yards. (1) The front, side, and rear yard building setback requirements of the underlying zone, specific plan, or overlay shall apply to the required yards of the development site. (2) No minimum separation between buildings shall be required along interior lot lines created within an approved subdivision. (3) Buildings on small lots that are placed in such a manner that they abut common open space or the private open space of an adjacent lot shall be set back a minimum of five (5) feet and provide an appropriate stepback to preserve privacy and reduce the massing of multi -story buildings. (f) Open Space. (1) Individual small lots shall provide, at minimum, three hundred (300) square feet of private open space per dwelling unit as follows: 75J-7 a. Private open space shall have a minimum dimension of fifteen (15) feet in each direction. b. Private open space may be provided on the rooftop of dwelling units provided building massing and architectural features serve to screen the open space from neighboring properties that are not part of a small lot subdivision development site and that are used or zoned for single-family residential. (2) In addition to the private open space requirement of subsection (1), small lot subdivisions of ten (10) or more lots shall provide accessible common open space in the amount not less than five (5) percent of the total development size, but shall in no case be less than one hundred (100) square feet per unit. (g) Landscaping. All required yards and areas not designated for walkways, parking, drive aisles, or private open space, shall be landscaped and irrigated in accordance with an approved landscape plan. (h) Driveway Length. (1) A driveway that leads directly to a garage shall have a minimum length of twenty (20) feet if parking will be located in front of the garage. (2) No driveway shall be more than three (3) feet in length if parking is not provided in front of the garage. (i) Service Standards. Developments providing individual trash containers shall provide an area that is screened outside of required setbacks and yards for container storage. Individual trash containers located in a garage shall not encroach into the required parking area. 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 75J-8 with the land. The subdivider shall submit a copy of this Agreement, once recorded, to the Planning Division for placement in the tract file. (k) Construction. Each unit in a small lot subdivision shall be constructed on an individual parcel with no common foundation, walls or footings. (1) Paving. No asphalt shall be permitted for paved areas. Driveways, drive aisles, and unenclosed parking areas shall consist of decorative concrete, pavers, or other materials as deemed appropriate by the Planning Manager. (m) Mechanical Equipment. Roof mounted equipment is prohibited unless completely screened from public rights-of-way and adjacent properties. Sec. 41-2103. — Modification of Standards. Development standards applied to small lot subdivisions pursuant to section 41- 2102 may be modified by an application for a minor exception, which shall be heard by the zoning administrator pursuant to Article V of this chapter, in order to achieve a good project design, privacy, livability, and compatibility with surrounding uses. The decision of the zoning administrator on such applications may be appealed to the Planning Commission pursuant to Article V of this chapter. Sec. 41-2104. — Applicability to other regulations. The provisions of this article are not intended to provide exclusive regulation of the development of small lots. Small lots must comply with any and all applicable regulations imposed in other articles of the zoning code, other city ordinances, and state and federal law. Should a conflict exist between the provisions of this article and the provisions of other articles of this Code, the provisions of this article shall prevail. Section 4. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. ADOPTED this day of 2017. Miguel A. Pulido Mayor 75J-9 APPROVED AS TO FORM: Sonia R. Carvalho City Attorney ... Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS -XXX to be the original ordinance adopted by the City Council of the City of Santa Ana on , 2017 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 75J-10