2014-006 - Santa Ana General Plan Housing Element and Public Safety Element Updates

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HOUSING CONSTRAINTS A unique aspect of the Santa Ana Municipal Code is a live -work community, defined as a building, or portion thereof, used for units that are each a combination of a studio /workshop and a living quarters, and may be either a building, or portion thereof, originally designed for nonresidential purposes and converted to such use, or a new building initially designed for such use. Live - work communities are allowed by right and conditionally permitted within the Transit Zoning Code districts. The City has facilitated 86 new live -work lofts in the heart of the Artists Village, in District Centers, and other locations in Santa Ana. Care Homes The Welfare and Institutions Code (Lanterman- Petris Act) and the Health and Safety Code (Community Care Facilities Act) declare that it is the policy of the state that people with a wide variety of disabilities are entitled to live in normal residential settings. Under this authorizing legislation, state law sets forth regulations and guidelines for community care facilities that preempt or limit many local regulations. A community care facility is a broad term that refers to many types of facilities, including but not limited to group homes, adult residential care facilities, alcohol and drug rehabilitation facilities, and others. Under the above two acts, state law generally requires that licensed community care facilities serving six orfewer persons be: (1) considered a residential use ofproperty; 2) treated the same as any other residential use; (3) allowed by right in all residential zones; and (4) subject to the same development standards, fees, taxes, and permit procedures as those imposed on the same type of housing in the same zone. The City permits licensed care homes serving six or fewer residents by right in all residential zones, in a manner consistent with state law. The Santa Ana Zoning Code regulates "care homes" serving seven or more clients. A care home is "any facility which is maintained and operated to provide living accommodations for and 24 -hour nonmedical care to persons in need of personal services, supervision, assistance, guidance, or training essential for sustaining the activities of daily living or for the protection of the individual, such as the elderly, convalescents, invalids, dependent or neglected children, or handicapped, mentally impaired or incompetent persons." Care homes are conditionally permitted in the R3, R4, and other zones in the community. Community Care facility In recent years, Santa Ana has received requests to establish a wide range of facilities that serve people with disabilities or other health conditions and are not licensed by the State of California. The list of types of nonlicensed facilities continues to increase. Moreover, many of these nonlicensed facilities may provide some but not all of the services provided by "care homes." It is becoming increasingly difficult to distinguish between the services provided by these facilities, thus complicating local land use, zoning, and permitting. State law is also gradually evolving in response to these realities. To respond to this evolution of state law and to continue the City's practice of facilitating and encouraging housing opportunities for people with disabilities, the JA& CITY OF SANTA ANA GENERAL PLAN HOUSING ELEMENT B -11