HomeMy WebLinkAbout5 - ZOA19-05_CITYWIDE5- 1
5- 2
5- 3
5- 4
5- 5
5- 6
5- 7
This page left blank intentionally.
5- 8
EXHIBIT 1
5- 9
This page left blank intentionally.
5- 10
Ordinance No. NS-XXXX
Page 1 of 17
LS 1.27.20
ORDINANCE NO. NS-XXXX
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 ACCESSORY
DWELLING UNITS
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 gain compliance with new state or federal legislation.
B. The City’s current accessory dwelling unit ordinance, NS-2940, was
adopted on April 3, 2018.
C. NS-2940 established in 2018, has been superseded by changes made to
state accessory dwelling unit laws (Assembly Bill 68, Assembly Bill 587, Assembly Bill
670, Assembly Bill 881, and Senate Bill 13) that took effect January 1, 2020, and is no
longer enforceable. These statutes impose new limitations on local authority to regulate
accessory dwelling units (ADU) and junior accessory dwelling units (JADU).
D. The proposed changes to the ADU and JADU development standards are
proposed to comply with the new state legislation to allow greater flexibility in allowing
these units.
E. The proposed amendments would change the ADU ordinance to be in full
compliance with state law by repealing the City's 2018 ADU ordinance, incorporating
new state provisions, and introducing new tailored ADU and JADU regulations that
recognize and protect the diversity of Santa Ana neighborhoods.
F. The City desires to amend its local regulatory program for the construction
of ADUs and JADUs that fully complies with sections 65852.2 and 65852.22 of the
Government Code, and finds that the proposed ordinance promotes the public health,
safety and welfare of the community.
5- 11
Ordinance No. NS-XXXX
Page 2 of 17
G. The Planning Commission held a duly noticed public hearing on January
27, 2020 regarding this ordinance and recommended that the City Council adopt the
amended ordinance.
H. The City Council has held a duly noticed public hearing on this ordinance
on March 3, 2020, and has considered all testimony presented thereto.
Section 2. Pursuant to the California Environmental Quality Act (“CEQA”) and
the State CEQA Guidelines, the adoption of this ordinance is exempt from CEQA review
pursuant to 14 California Code of Regulations section 15282(h), and a Notice of
Exemption will be filed upon adoption of this ordinance.
Section 3: Section 41-11.1 of the Santa Ana Municipal Code is hereby amended
to read as follows:
An accessory dwelling unit is an attached or a detached residential dwelling unit which
provides complete independent living facilities for one (1) or more persons and is
located on a lot with a proposed or existing primary residential building. It shall includes
permanent provisions for living, sleeping, eating, cooking, and sanitation on the same
parcel as the single-family that the primary residential building dwelling is situated or will
be situated on. It shall have the same meaning as that term is defined in California
Government Code section 65852.2, as amended from time to time.
Section 4: Sections 41-194 through Section 41-194.14 of the Santa Ana Municipal
Code are hereby deleted and replaced with the new Sections 41-194 through Section 41-
194.6 to read as follows:
Sec. 41-194. - Accessory Dwelling Units - Purpose.
The purpose of this section is to establish regulations for the development of accessory
dwelling units and junior accessory dwelling units as defined in this section and in
California Government Code sections 65852.2 and 65852.22, or any successor statute.
Sec. 41-194.1. - Definitions.
As used in this section, the following words, terms or phrases have the following
meanings:
(1) “Accessory dwelling unit” and “ADU” means an attached or detached residential
dwelling unit that provides complete independent living facilities for one or more
persons and is located on a lot with a proposed or existing primary residence. It
shall include permanent provisions for living, sleeping, eating, cooking, and
sanitation on the same parcel as the single-family or multifamily dwelling is or will
be situated. It shall have the same meaning as that term is defined in California
Government Code section 65852.2, as amended from time to time.
5- 12
Ordinance No. NS-XXXX
Page 3 of 17
(2) "Existing accessory structure" means an accessory structure, as defined in this
chapter which was legally established and existing prior to May 4, 2018.
(3) "Existing garage" means a building or portion of a building designed or used for
parking or storage of motor vehicles that was legally established and existing
prior to May 4, 2018.
(4) “Junior accessory dwelling unit” and “JADU” means a unit that is no more than
500 square feet in size, contained entirely within the living area of a single-family
residence, provides a cooking facility with appliances, food preparation counter
and storage cabinets that are of reasonable size in relation to the unit, and has
independent exterior access. A junior accessory dwelling unit may include
separate sanitation facilities, or may share sanitation facilities with the existing
structure.
(5) "Living area" means the interior habitable area of a dwelling unit, including
basements and attics, but does not include a garage or any accessory structure.
(6) “Mixed-Use” means a development that combines residential and commercial
uses.
(7) “Public transit” means a location, including, but not limited to, a bus stop or train
station, where the public may access buses, trains, subways, and other forms of
transportation that charge set fares, run on fixed routes, and are available to the
public.
(8) “Tandem parking” means that two or more automobiles are parked on a driveway
or in any other location on a lot, lined up behind one another.
Sec. 41-194.2. – Permitted Zones and Applicability.
Table 41-194.2 shall be used to determine the Zoning Districts in which accessory
dwelling units and junior accessory dwelling units are permitted — "P". If a Zoning
District is not listed in Table 41-194.2 in this section, then the use is expressly not
permitted. Additional provisions related to accessory dwelling units and junior
accessory dwelling units are referenced in the “Additional Provisions” column of the
table. Such provisions may include references to other applicable code sections or
limitations.
City of Santa Ana Municipal Code Table 41-194.2 P = Permitted by Right
R1 R2 R3 R4 RE A1 SP SD Additional
Provisions
Accessory Dwelling
Unit/Junior Accessory
P P P P P P P P (A)(B)(C)(D)(E)
5- 13
Ordinance No. NS-XXXX
Page 4 of 17
(A) ADUs and JADUs may be permitted in specific plan (SP) areas and specific
development (SD) zoning districts where residential or mixed-use development is
permitted.
(B) The Executive Director of the Planning and Building Agency, or his/her designee,
shall review and approve or deny ministerial permits for ADUs and JADUs upon
determining whether the application submitted is complete, the proposed unit
conforms to all requirements of this code, and a non-refundable application review
fee in the amount established by the City Council, and amended from time to time,
has been paid. Applications deemed incomplete or not in full conformance with the
requirements of this code will be rejected.
(C) Sites developed or proposed to be developed with a single-family residence shall not
be permitted more than one (1) ADU. Sites developed with a multi-family residence
may convert existing non-habitable building square footage to a minimum of one (1)
ADU and a maximum that shall not exceed twenty-five (25) percent of the number of
units on the site. Sites developed with a multi-family residence are permitted two (2)
new construction, detached ADUs.
(D) A maximum of one (1) JADU shall be permitted on a site developed or proposed to
be developed with a single-family residence, unless the subject site proposes or
contains an attached ADU. In such cases, a JADU shall not be permitted. The
primary dwelling unit or the JADU shall be continuously occupied by at least one
person having an ownership interest in the lot.
(E) An ADU shall only be sold or otherwise conveyed separately from the primary
dwelling on the site if the ADU was built or developed by a qualified non-profit
corporation in accordance with Government Code Section 65852.26, as amended
from time to time, and an affordable housing agreement is entered into by the
applicant and the city.
Sec. 41-194.3. – Development Standards
The development standards in Table 41-194.3 shall be applicable to all accessory
dwelling units and junior accessory dwelling units. Additional provisions related to
accessory dwelling units and junior accessory dwelling units are referenced in the
Dwelling Unit
5- 14
Ordinance No. NS-XXXX
Page 5 of 17
“Additional Provisions” column of the table. Such provisions may include references to
other applicable code sections or limitations.
City of Santa Ana Municipal Code Table 41-194.3
Specific
Regulations
ADU JADU Additional
Provisions Attached Detached
Minimum Size 220 sq. ft. 220 sq. ft. 220 sq. ft.
Maximum Size 1,000 sq. ft. 1,000 sq. ft. 500 sq. ft. (A)(B)(C)
Maximum Height Same as
primary
building
16 ft. Same as
primary
building
Minimum Side
Yard Setback
4 ft. 4 ft. Same as
primary
building
(D)
Minimum Rear
Yard Setback
4 ft. 4 ft. Same as
primary
building
(D)
Maximum Lot
Coverage/Use
Intensity
Same as
zoning district
Same as
zoning district
Same as
zoning district
(E)
Open Space 1,200 sq. ft. 1,200 sq. ft. - (F)(G)
Separation from
Primary
Buildings
- 15 ft. - (H)
Separation from
Accessory
Buildings
5 ft. 5 ft. - (H)
Minimum Parking 1 space 1 space - (I)(J)
Tandem Parking Permitted Permitted Permitted
Design
Guidelines
Apply Apply Apply
Passageway - - -
(A) Attached ADUs may be fifty (50) percent of the size of the habitable space of the
primary dwelling on the site, not to exceed 1,000 square feet in size.
(B) ADUs may not exceed 800 square feet in size in cases where both an ADU and
JADU are developed or proposed on a site.
(C) Existing accessory structures may be converted into an ADU and may be expanded
by up to 150 square feet of the existing footprint to accommodate ingress and
egress only.
5- 15
Ordinance No. NS-XXXX
Page 6 of 17
(D) No minimum setback shall be required for an ADU constructed in the same location
and to the same dimensions as an existing structure that encroached into a required
setback that was demolished to construct the proposed unit.
(E) Lot coverage and use intensity maximum established in zoning district may be
exceeded to permit an ADU up to eight hundred (800) square feet in size.
(F) Required open space may be reduced to permit an ADU up to eight hundred (800)
square feet in size.
(G) Shall be usable, continuous, non-front yard open-space, excluding driveways and
parking areas. Any open space with a minimum dimension of fifteen (15) feet by
fifteen (15) feet shall be deemed continuous open space.
(H) Separation requirement may be reduced to permit an ADU up to eight hundred (800)
square feet in size. Separation shall be measured from the nearest points between
the structures.
(I) No parking for the ADU is required if one or more of the following applies:
1. The ADU is located within one-half (1/2) mile walking distance of public
transit.
2. The ADU is located within an architecturally and historically significant historic
district.
3. The ADU is part of the existing primary dwelling or an existing accessory
structure.
4. When on-street parking permits are required but not offered to the occupant
of the ADU.
5. When there is a car share vehicle located within one (1) block of the ADU.
(J) When an existing garage is demolished in conjunction with the construction of an
accessory dwelling unit, or converted to an accessory dwelling unit, replacement of
those off-street parking spaces shall not be required.
Sec. 41-194.4. – Historic Properties.
ADUs and JADUs shall conform to the United States Secretary of Interior's Official
Standards for the Treatment of Historic Properties. If the proposed ADU or JADU is
5- 16
Ordinance No. NS-XXXX
Page 7 of 17
placed or constructed so as to result in a modification to or impact upon the existing
historic resource on the parcel, a certificate of appropriateness shall be issued by the
Historic Resources Commission upon the finding that the proposed unit conforms to the
United States Secretary of Interior's Official Standards for the Treatment of Historic
Properties and does not substantially change the character and integrity of the historic
property.
Sec. 41-194.5 Restrictive Covenant.
Prior to issuance of a building permit for a JADU, a covenant consenting that either the
primary dwelling unit or the JADU be owner-occupied shall be recorded against the title
of the property in the County Recorder’s office and a copy filed with the Planning
Division. Said covenant shall run with the land, and shall bind all future owners, heirs,
successors, or assigns. The form of the deed restriction shall be provided by the City
and shall provide that:
1. The JADU shall not be sold separately from the primary dwelling.
2. The unit is restricted to the approved size and attributes of this chapter.
3. The covenant restrictions run with the land and may be enforced against
future purchasers.
4. The covenant restrictions may be removed if the owner eliminates the
JADU.
5. The covenant restriction shall be enforced by the Director of Planning and
Building or his or her designee for the benefit of the City of Santa Ana. Failure
of the property owner to comply with the covenant restrictions may result in
legal action against the property owner and the City shall be authorized to
obtain any remedy available to it at law or equity, including but not limited to
obtaining an injunction enjoining use of the JADU in violation of the recorded
restrictions or abatement of the illegal unit.
Sec. 41-194.6. – Appeals of Executive Director decision.
Any person wanting to appeal the determination of the Executive Director of the
Planning and Building Agency, or his/her designee, to disapprove plans and drawings
submitted pursuant to section 41-194, et seq., or to the standards of section 41-194, et
seq., may file an application for a minor exception pursuant to Article V of this chapter.
Sec. 41-194.7 – Applicability to other regulations.
Accessory dwelling units and junior accessory dwelling units 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
5- 17
Ordinance No. NS-XXXX
Page 8 of 17
this article and the provisions of other articles of Chapter 41 of this Code, the provisions
of this article shall prevail.
Sec. 41- 194. Purpose. The purpose of this section is to provide reasonable regulations for
the development of accessory dwelling units on residentially zoned properties
on lots developed or proposed to be developed with single-family residential
dwellings. Such regulations are intended to mitigate potential impacts to
neighborhoods and comply with the goals and policies of the City’s General
Plan and comply with requirements codified in the state Planning and Zoning
Law related to accessory dwelling units in residential areas, including
California Government Code section 65852.2.
Sec. 41-194.1 Definitions. As used in this section, the following words, terms or phrases
have the following meanings:
(1) “Attached accessory dwelling unit” means a residential dwelling unit
that is attached to or located within the living area of an existing
primary dwelling unit and that provides independent living, sleeping,
eating, a single kitchen for cooking, and sanitation facilities for one or
more persons. An attached accessory dwelling unit also includes an
efficiency unit, as defined in California Health and Safety Code
section 17958.1.
(2) “Detached accessory dwelling unit” means a residential dwelling unit
that is detached from the primary dwelling unit and that provides
independent living, sleeping, eating, a single kitchen for cooking, and
sanitation facilities for one or more persons. A detached accessory
dwelling unit also includes an efficiency unit, as defined in California
Health and Safety Code section 17958.1, and a manufactured home,
as defined in section 18007.
(3) “Existing accessory structure” means an accessory structure, as
defined in this chapter, which was legally established and existing
prior to adoption of this ordinance.
(4) “Existing garage” means a building or portion of a building designed or
used for parking or storage of motor vehicles that was legally
established and existing prior to adoption of this ordinance.
(5) “Living area” is defined as the interior habitable area of a dwelling unit,
but not including a garage or any accessory structure.
(6) “Primary dwelling” means an existing single-family residential
structure on a single parcel with provisions for living, sleeping, eating,
a single kitchen for cooking, and sanitation facilities occupied and
intended for one household.
5- 18
Ordinance No. NS-XXXX
Page 9 of 17
Sec. 41-194.2 Applicability.
(1) The development and design standards in this section shall be
applicable to all accessory dwelling units.
(2) The Director of the Planning and Building Agency, or his/her
designee, shall review and approve, or deny ministerial permits for
accessory dwelling units conforming to the time limits specified by
Government Code Section 65852.2 or successor provision.
Sec. 41-194.3 Permitted Zones.
(1) Accessory dwelling units are permitted in all zoning districts or on a
parcel within any Specific Plan in which residential uses are permitted;
or,
(2) In the Professional (P) zoning district where there is only one legally
established single-family residence, the exclusive use of the property
is residential, and the continuance of the residential use is not barred
by Section 41-683. In such cases, the site shall comply with the
development standards in the R1 zoning district.
Sec. 41-194.4 Use Restrictions.
(1) An accessory dwelling unit may be developed on a parcel that either:
1. Contains only one legally established single-family residence;
or
2. Will have only one new detached single-family residence
permitted concurrently with the accessory dwelling unit.
(2) Only one accessory dwelling unit may be located on the lot.
(3) The accessory dwelling unit shall not be sold separately from the
primary dwelling.
(4) The accessory dwelling unit shall not be rented for periods of less
than thirty (30) days.
(5) The primary dwelling unit or the accessory dwelling unit shall be
continuously occupied by at least one person having an ownership
interest in the lot.
Sec. 41- 194.5 General Development Standards. Accessory dwelling units shall comply
with the following development standards, unless the accessory dwelling unit
is described in subsection 41-194.8:
5- 19
Ordinance No. NS-XXXX
Page 10 of 17
(1) Minimum Lot Area. A minimum lot area of six thousand (6,000)
square feet shall be required in order to establish an accessory
dwelling unit.
(2) Maximum Size. The maximum size of an accessory dwelling unit
living area shall not exceed seven hundred fifty (750) square feet or
fifty (50%) percent of the size of the living area of the primary dwelling
unit on the parcel, whichever is less, and contain no more than one
(1) bedroom.
(3) Minimum Size. The accessory dwelling unit shall contain no less than
the 220 square feet in living area the City requires for an efficiency
dwelling unit which is defined in Section 17958.1 of the Health & Safety
Code.
(4) Lot Coverage. The lot coverage for the parcel, as that term is defined
in this chapter, shall not exceed the percentage specified in the
underlying zoning district.
(5) Design. The design of the accessory dwelling unit shall preserve the
privacy of adjacent uses and be architecturally compatible to the
design of the primary dwelling by use of similar materials and
textures, window types, roofing materials and roof pitch, and shall
comply with the adopted Citywide Design Guidelines.
(6) Historic Properties. If an accessory dwelling unit is to be constructed
on a parcel identified on the federal, state or local list of historic
resources, the accessory dwelling unit shall conform to the United
States Secretary of Interior's official Standards for the Treatment of
Historic Properties. If the proposed accessory dwelling unit is placed
or constructed so as to result in a modification of the existing historic
resource on the parcel, a certificate of appropriateness shall be issued
by the Historic Resources Commission upon the finding that the
proposed accessory dwelling unit conforms to the United States
Secretary of Interior’s official Standards for the Treatment of Historic
Properties and does not substantially change the character and
integrity of the historic property.
(7) Open Space. A minimum of one thousand two hundred (1,200)
square feet of usable, continuous, non-front yard open-space,
excluding driveways and parking areas, shall be provided. Any open
space with a minimum dimension of fifteen (15) feet by fifteen (15)
feet shall be deemed continuous open space.
(8) Passageway. No passageway shall be required in conjunction with
the construction of an accessory dwelling unit. For the purpose of this
section, “passageway” shall mean a pathway that is unobstructed
5- 20
Ordinance No. NS-XXXX
Page 11 of 17
clear to the sky and extends from a street to one entrance of the
accessory dwelling unit.
Sec. 41-194.6 Development Standards – Detached Accessory Dwelling Units. Detached
accessory dwelling units shall comply with all provisions in Sec. 41-194.5, in
addition to the following:
(1) Setbacks. The accessory dwelling unit shall comply with the front and
side yard setback standards prescribed in the zoning district, and shall
have a rear yard setback of not less than ten (10) feet.
(2) Maximum Height. A detached accessory dwelling unit shall not exceed
fifteen (15) feet in height, as measured from the lowest adjacent grade
of the structure to the top of the structure.
(3) Separation. There shall be a minimum of fifteen (15) feet separation
between the primary dwelling unit and a detached accessory dwelling
unit and a minimum of five (5) feet between a detached accessory
dwelling unit and an accessory building. Separation shall be measured
from the exterior wall of the primary dwelling unit or attached structure to
the nearest wall of the accessory dwelling unit or attached structure.
(4) Site Planning. A detached accessory dwelling unit shall be located
behind the rear building line of the primary dwelling, and be clearly
subordinate by location and size.
Sec. 41-194.7 Development Standards – Attached Accessory Dwelling Units. Attached
accessory dwelling units shall comply with all provision in Sec. 41-194.5, in
addition to the following:
(1) Setbacks. The accessory dwelling unit shall comply with the setback
standards for primary dwellings prescribed in the zoning district.
(2) Maximum Height. The height of an attached accessory dwelling unit
shall not exceed the height limit applied to a primary dwelling unit in the
underlying zoning district.
(3) Exterior Stairs. An attached accessory dwelling unit shall have no
exterior stairs.
(4) Entrances. No attached accessory dwelling unit shall have an outside
door on the primary elevation of the primary dwelling unit or an outside
door that is visible from the street.
Sec. 41-194.8 Development Standards – Conversion of an Existing Structure. An existing
primary dwelling unit, existing accessory structure, or existing garage, or portion
thereof, converted to an accessory dwelling unit is not subject to the
5- 21
Ordinance No. NS-XXXX
Page 12 of 17
development standards of subsections 41-194.5 through 41-194.7 provided that
the unit complies with all of the following requirements:
(1) Conversion of an existing structure. Is contained within a single-
family dwelling, accessory structure or garage that was legally
established prior to the adoption of this ordinance;
(2) Maximum Size. Is a maximum of seven hundred fifty (750) square feet
of living area in size or fifty (50%) percent of the size of the living area of
the primary dwelling unit on the parcel, whichever is less;
(3) Minimum Size. Is no less than the minimum 220 square feet in living
area the City requires for an efficiency dwelling unit which is defined in
Section 17958.1 of the Health & Safety Code;
(4) Setbacks: The side and rear setbacks of the accessory dwelling unit
comply with building code provisions related to life and fire safety.
(5) Independent Access. Has independent exterior access from the
existing residence, which shall not be located on the primary elevation of
the primary dwelling;
(6) Independent Living Facilities. Has independent living, sleeping,
eating, a single kitchen for cooking, and sanitation facilities for one or
more persons; and,
(7) Passageway. No passageway shall be required in conjunction with the
construction of an accessory dwelling unit. For the purpose of this
section, “passageway” shall mean a pathway that is unobstructed clear
to the sky and extends from a street to one entrance of the accessory
dwelling unit.
Sec. 41-194.9 Parking. All accessory dwelling units must meet the following parking standards
in addition to the required off-street parking for the primary dwelling on the site.
(1) One (1) parking space shall be provided for all accessory dwelling units
regardless of number of bedrooms, unless the accessory dwelling unit is
constructed as a studio without bedrooms, in which case no parking is
required.
(2) When an existing garage is demolished in conjunction with the
construction of an accessory dwelling unit, or converted to an accessory
dwelling unit, replacement garage spaces for the primary dwelling unit
shall not be required.
Sec. 41-194.10 Parking Exceptions. No off-street parking shall be required for an accessory
dwelling unit in any of the following circumstances:
5- 22
Ordinance No. NS-XXXX
Page 13 of 17
(1) The accessory dwelling unit is located within one-half mile of public
transit. For the purposes of this section “public transit” shall mean a bus
stop with fixed route express bus service that provides transit service at
15-minute intervals or better during peak commute periods.
(2) The accessory dwelling unit is located within an architecturally and
historically significant historic district.
(3) The accessory dwelling unit is part of the existing primary dwelling or an
existing accessory structure.
(4) When on-street parking permits are required but not offered to the
occupant of the accessory dwelling unit.
(5) When there is a car share vehicle located within one block of the
accessory dwelling unit. For the purposes of this section, “car-share
vehicle” shall mean part of an established program intended to stay in a
fixed location for at least 10 years and available to the public.
Sec. 41-194.11 Non-conforming Properties.
(1) Legal nonconformities of the existing primary dwelling, except for legal
nonconformities related to the parking standards of this chapter, shall be
allowed to remain provided nonconformities are not expanded or any
new nonconformities are created.
(2) A lot shall comply with the current parking standards of this chapter prior
to or concurrent with the establishment of an accessory dwelling unit.
Sec. 41-194.12 Restrictive Covenant. Prior to issuance of a building permit for an accessory
dwelling unit, a covenant consenting that either the primary dwelling unit or the
accessory dwelling unit shall be owner-occupied shall be recorded against the
title of the property in the County Recorder’s office and a copy filed with the
Planning Division. Said covenant shall run with the land, and shall bind all future
owners, heirs, successors, or assigns. The form of the deed restriction shall be
provided by the City and shall provide that:
(1) The accessory dwelling unit shall not be sold separately from the
primary dwelling.
(2) The unit is restricted to the approval size and attributes of this chapter.
(3) The covenant restrictions run with the land and may be enforced against
future purchasers.
(4) The covenant restrictions may be removed if the owner eliminates the
accessory dwelling unit.
5- 23
Ordinance No. NS-XXXX
Page 14 of 17
(5) The covenant restriction shall be enforced by the Director of Planning
and Building or his or her designee for the benefit of the City of Santa
Ana. Failure of the property owner to comply with the covenant
restrictions may result in legal action against the property owner and the
City shall be authorized to obtain any remedy available to it at law or
equity, including but not limited to obtaining injunction enjoining use of
the accessory dwelling unit in violation of the recorded restrictions or
abatement of the illegal unit.
Sec. 41-194.13 Appeals of planning manager or zoning administrator decision. Any
person aggrieved by a determination of the planning manager to disapprove
plans and drawings submitted pursuant to section 41-194, et seq., may file an
application for a minor exception which shall be heard by the zoning
administrator pursuant to Article V of this chapter. Such application may include
a request to vary from the standards of section 41-194, et seq. The decision of
the zoning administrator on such application may be appealed to the planning
commission pursuant to said Article V.
Sec. 41-194.14 Applicability to other regulations. The provisions of this article are not
intended to provide exclusive regulation of accessory dwelling units. Such uses
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 Chapter 41 of this Code, the provisions of this article shall prevail.
Section 5. Section 41-239 of the Santa Ana Municipal Code is hereby amended to
read as follows:
Sec. 41-239. - Development standards in the R1 district.
Lots in the R1 district shall comply with the following standards:
(a) Front and street oriented side yards shall be landscaped with the
exception of approved driveways and sidewalks.
(b) Side yards shall be completely landscaped, except a walkway or driveway
may encroach into required side yard.
(c) Driveways shall lead to a garage and not exceed the width of such garage
or fifty (50) percent of the lot width at the street, whichever is less. There
shall be no parking of vehicles in the front yard except in such driveways.
This subsection shall not apply to driveways that are widened in
accordance with Section 41-194 of this code.
(d) Garages facing the street shall occupy no more than fifty (50) percent of
the lot width.
5- 24
Ordinance No. NS-XXXX
Page 15 of 17
(e) Porte-cocheres shall be architecturally integrated with the structure and
may encroach up to the side property line located on a driveway that
leads to the garage. A two-car garage must be provided prior to approval
of a porte-cochere.
(1) A porte-cochere shall not exceed twenty-five (25) feet in length.
(2) Porte-cocheres shall comply with the setbacks established for the
building it is attached to, except that the side yard setback may be
reduced to three (3) feet. On corner lots the side yard setback on the
street side shall be no less than ten (10) feet.
(f) Accessory buildings shall not exceed thirty-five (35) percent of the
required rear yard area. This subsection shall not apply to accessory
dwelling units.
(g) An accessory building shall be not less than five (5) feet from a main
building.
(h) Maximum square footage of accessory building shall not exceed fifty (50)
percent of the main structure square footage. Required detached garages
may exceed fifty (50) percent of the main structure square footage, but
shall not exceed four hundred forty (440) square feet for a two-car garage,
six hundred forty (640) square feet for a required three-car garage and
eight hundred forty (840) square feet for a required four-car garage.
Section 6. Section 41-681.3 of the Santa Ana Municipal Code is hereby amended
to read as follows:
Sec. 41-681.3. - Rehabilitation of multiple-family dwellings.
Rehabilitation of a nonconforming building which is a multiple-family dwelling, including
structural alteration and/or enlargement, is permitted subject to the following limitations:
(1) There shall be no enlargement which would intrude into any required
yard.
(2) There shall be no enlargement which would result in a new nonconformity
with the requirements of this chapter.
(3) There shall be no increase in the number or size of bedrooms unless the
site on which the building is located will be in conformance with the off-
street parking requirements of this chapter.
5- 25
Ordinance No. NS-XXXX
Page 16 of 17
(4) For the purpose of this section, the limitations listed in subsections (1),
(2), and (3) shall not apply to accessory dwelling units as defined and
regulated in Section 41-194 of this Chapter. Existing non-conformities on
a property, otherwise eligible, shall not disqualify it from building an
accessory dwelling unit(s).
Section 7. 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 ______________, 2020.
_______________________
Miguel A. Pulido
Mayor
APPROVED AS TO FORM:
Sonia R. Carvalho
City Attorney
By:________________________
Lisa Storck
Assistant City Attorney
AYES: Councilmembers __________________________________
NOES: Councilmembers __________________________________
ABSTAIN: Councilmembers __________________________________
NOT PRESENT: Councilmembers __________________________________
5- 26
Ordinance No. NS-XXXX
Page 17 of 17
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, DAISY GOMEZ, Clerk of the Council, do hereby attest to and certify that the attached
Ordinance No. NS-XXXX to be the original ordinance adopted by the City Council of the
City of Santa Ana on _______________, 2020, 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
5- 27
This page left blank intentionally.
5- 28