Santa Ana Municipal Code § 34-302 Applicability

The purpose of these provisions is to establish standards for the development of common interest developments; to establish standards for the conversion of buildings, including rental apartment buildings, into common interest developments; to protect the public from the potential blighting effects of deteriorated or undercapitalized conversion projects; to provide adequate off-street parking; and to mitigate the hardships caused by the mass displacement of tenants attendant to conversion projects.

(Ord. No. NS-2265, § 4, 11-6-95; Ord. No. NS-2755, § 5, 8-6-07)

(a) This article applies only to common ownership projects for which a final map is required by the State Subdivision Map Act. As used herein, "final map" includes any parcel map required by Section 66426 of the said act.

(b) This article does not apply to investment apartments.

(c) Except as otherwise provided the provisions of division 1 of this article apply to all common interest developments, including conversion projects.

(Ord. No. NS-2265, § 4, 11-6-95; Ord. No. NS-2755, § 5, 8-6-07)

In addition to the information required by other applicable sections of this Code, plans and documents, certified as to accuracy by a licensed engineer or architect, showing the following information shall be submitted at the time of filing of the tentative map:

(a) Site plan, including buildings, structures, yards, open space, landscaped areas, vehicular travel and parking areas, driveway approaches, recreational facilities, placement and design of trash facilities and utility services.

(b) Parking plan, disclosing the location of all parking spaces, the dimensions thereof, the status as a garage, carport or uncovered space, dimensions of aisles and driveways, locations of columns, walls, and other possible obstruction, the designation of each space as assigned to a particular unit or as guest parking, and the location of each unit to which a space is assigned in a manner such that the walking distance between each unit and its assigned spaces may be readily determined.

(c) A storage area plan, showing the location and dimensions at storage areas, as required by section 34-313(c).

(d) If a recreational vehicle storage area is to be provided, the site plan shall disclose the location and dimensions of such area.

(e) A television antenna plan showing the proposed location of all permitted fixed transmitting and receiving antenna/satellite dish equipment.

No tentative map shall be deemed filed until the applicant has complied with the requirements of this section.

(Ord. No. NS-2265, § 4, 11-6-95)

No tentative map shall be approved unless the project complies with the following requirements:

(a) Electric power, gas and water services must be separately metered for each dwelling unit.

(b) In addition to clothes, linen and food pantry closets and shelving customarily provided, each unit within the project shall have at least eighty (80) cubic feet of enclosed, weatherproof and lockable private storage space at a single location.

(c) If the storage of boats, trailers, recreational vehicles and similar vehicles is to be permitted within the complex, an area shall be specifically designated for such storage and shall be screened from adjacent areas by a combination of a six-foot masonry wall and appropriate landscaping.

(d) Nonscreened signal transmitting and receiving equipment, including cables, for individual dwelling units shall not be permitted.

(e) Common area utilities must be metered separately from dwelling unit utilities. Meters providing such separation may be either municipally owned or, subject to the approval of the director of public works as to type, owned by the associated owners in common.

(f) All utility service lines must be installed underground.

(Ord. No. NS-2265, § 4, 11-6-95)

(a) A tentative map for a new common interest development may be disapproved if it is determined that the common interest development, although otherwise in compliance with the requirements of this chapter and Chapter 41, would nevertheless be significantly detrimental to the health, safety or welfare of future residents of the project or to surrounding property or to the public generally due to features of design or improvement of the common interest development as proposed. In such event findings shall be issued setting forth the basis for such determination with particularity.

(b) Any determination of disapproval pursuant to this section may be made in the first instance by either the advisory agency or the council. If made by the advisory agency, such disapproval shall be appealable in the same manner as other tentative map decisions.

(Ord. No. NS-2265, § 4, 11-6-95)

If a common interest development may be modified in a manner to avoid disapproval under section 34-313 or 34-314, the tentative map may be approved subject to conditions requiring such modifications; provided, however, that the tentative map shall be disapproved unless the applicant signs a written waiver of the time limits set forth in Sections 66452.1, 66452.2, and 66452.5 of the Subdivision Map Act, so as to allow such time as may be necessary for the revision of the plans and documents specified in section 34-312 in accordance with such modifications prior to any action to approve or disapprove the tentative map.

(Ord. No. NS-2265, § 4, 11-6-95)

(a) Plans and related documents which comply with the requirements of this article shall be filed with the planning manager for approval.

(b) No tentative map shall be approved except upon that condition that the common interest development be designed and improved in accordance with the approved plans and related documents on file with the planning manager.

(c) In the case of common interest developments other than conversion projects, no building permit or utility release shall be approved for any development except in accordance with the plans and related documents on file with the planning manager.

(d) In the case of a conversion project, no final map shall be approved unless the project has been brought into conformity with the approved plans and related documents on file with the planning manager and the other conditions of approval of the tentative map.

(Ord. No. NS-2265, § 4, 11-6-95)

No tentative map shall be approved except upon the condition that a declaration of covenants, conditions, and restrictions be approved by the planning manager and the city attorney prior to the approval of the final map, providing for the following:

(a) Perpetual maintenance by the associated owners, in good, sanitary and attractive conditions of all common areas and improvements, including landscaped areas, walls, driveways, parking areas, trash areas and buildings, in accordance with plans and documents on file in the office of the planning manager of the City of Santa Ana.

(b) Prohibition of the parking or storage of trailers, boats and recreational vehicles, except in such area reserved for the storage thereof as may be provided in the plans and documents on file with the planning manager.

(c) As to the above requirements, a power of enforcement to the City of Santa Ana, exercisable in the discretion of the council, and a prohibition against any relinquishment, amendment, or deletion of such requirements without the consent of the council.

(Ord. No. NS-2265, § 4, 11-6-95)