HomeMy WebLinkAboutNS-2937 - Approving an Amendment to Provisions of Chapter 41 of Santa Ana Municipal Code Relating to Small Lot SubdivisionsORDINANCE NO. NS -2937
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
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to provide an alternative to the traditional single-family subdivision, increasing options
for fee -simple home ownership opportunities.
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.
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(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:
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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.
(j) 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
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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 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 16th day of January, 2018.
4:,; I�,•
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Mayor
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APPROVED AS TO FORM:
Sonia R. Carvalho
City Attorney
/
B <7d c i
LisA Storck
Assistant City Attorney
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
Benavides Martinez Pulido Sarmiento,
Solorio, Tinaiero, Villegas (7)
None (0)
None (0)
NOT PRESENT: Councilmembers None (0)
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 -2937 to be the original ordinance adopted by the City
Council of the City of Santa Ana on January 16, 2018, and that said ordinance was
published in accordance with the Charter of the City of Santa Ana.
Date: 0420143
Ordinance No. NS -2937
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Maria D. Huizar
Clerk of the Council
City of Santa Ana