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HomeMy WebLinkAbout75B - PUBLIC HEARING ZONNG ORDINANCE NO. 2019-05REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: MARCH 17, 2020 TITLE: APPROVED ❑ As Recommended PUBLIC HEARING — ZONING ORDINANCE ❑ As Amended AMENDMENT NO. 2019-05 TO AMEND ❑ Ordinanceon 1" Reading SEVERAL SECTIONS OF CHAPTER 41 El Ordinance on Reading ❑ Re Implementing Resolution (ZONING) OF THE SANTA ANA ❑ Set Public Hearing For MUNICIPAL CODE RELATING TO ACCESSORY DWELLING UNITS CONTINUED TO /s/Kristine Ridge FILE NUMBER CITY MANAGER RECOMMENDED ACTION Adopt an ordinance approving Zoning Ordinance Amendment (ZOA) No. 2019-05 to amend several sections of Chapter 41 (Zoning) of the Santa Ana Municipal Code (SAMC) relating to accessory dwelling units. PLANNING COMMISSION ACTION At its regular meeting on February 10, 2020, the Planning Commission voted 5:0 (Contreras -Leo and Garcia absent) to recommend that the City Council approve Zoning Ordinance Amendment No. 2019-05 to amend several sections of Chapter 41 (Zoning) of the Santa Ana Municipal Code (SAMC) relating to accessory dwelling units. PROJECT DESCRIPTION On January 1, 2020, new state regulations supplanted the existing Accessory Dwelling Unit Ordinance, which was adopted on April 3, 2018. Amendments to Chapter 41 (Zoning) of the SAMC to establish a local ordinance that is consistent with state housing law for regulating development of accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) is necessary. PROJECT BACKGROUND AND CHRONOLOGY Effective January 1, 2020, multiple housing bills relating to ADUs, also known as second dwelling units or granny flats, and JADUs, a smaller accessory unit that is contained within the floor plan of a single-family residence, became law. The bills include Assembly Bill (AB) 68, AB 587, AB 670, 671, AB 881 and Senate Bill (SB) 13. Collectively, the bills made changes to development standards that can be imposed by local agencies, the number of units that can be constructed on a site, set limits on parking standards and clarified language related to parking exemptions, and created a streamlined review process which limits review times to a maximum of 60 cumulative days. In addition, the new law also includes language stating that local ordinances that are not in complete compliance with the new changes are superseded by state law. Specifically, with respect to ADUs, Subsection (a)(4) of Government Code 65852.2 states, "if a local agency has an existing accessory dwelling unit ordinance that fails to meet the requirements of this subdivision, that 75B-1 Zoning Ordinance Amendment No. 2019-05 March 17, 2020 Page 2 ordinance shall be null and void..." As such, Santa Ana's local ADU ordinance became null and void January 1 of this year, leaving staff to implement state ADU standards as set forth in the Government Code since that time. The subject Zoning Ordinance Amendment (ZOA)(Exhibit 1) was scheduled for Planning Commission consideration on January 27, 2020 but was continued to February 10, 2020 (Exhibit 2) to allow the City sufficient time to respond to comments from the California Department of Housing and Community Development (HCD) and Californians for Homeownership, which expressed concerns about the following areas: definition of existing buildings, enumeration of zoning districts, discretionary process for sites listed on the Historic Register, and standards that address special categories of ADUs listed in state law. Staff subsequently reviewed and modified the draft ordinance to address expressed concerns. The revised ordinance was subsequently shared with the California Department of Housing and Community Development (HCD) and Californians for Homeownership, and no additional comments were received as of the preparation of this staff report. PROJECT ANALYSIS The proposed ordinance has been created in order to preserve the limited remaining authority the City has to regulate ADUs and JADUs as a result of new state laws. If the City does not adopt a local ordinance, it is required to continue reviewing and processing applications for ADUs and JADUs pursuant to the minimum standards set forth in the Government Code, or it could be subject to litigation. To ensure compliance with the newest state ADU and JADU laws and to establish an ordinance that is responsive to local conditions and community concerns, staff is proposing to amend several sections of Chapter 41 (Zoning) of the SAMC. These amendments are described and analyzed in Table 1: Summary of Amendments: Table 1: Summary of Amendments Table 1: Proposed Amendments Item Existing New State Law Proposed Zoning Permitted in all Permitted in all Section 41-194.2 Districts Where residential zoning residential or mixed -use Permitted districts and in the zoning districts where PermitADUs and/or JADUs in all zoning districts Professional (P) residential is an where residential or mixed -use development zoning district where allowable use. that allows residential uses are permitted. properties are developed with a Results: single-family Permits ADUs and JADUs in all residential and residence. mixed -use zoning districts. 75B-2 Zoning Ordinance Amendment No. 2019-05 March 17, 2020 Page 3 Table 1: Proposed Amendments Item Existing New State Law Proposed Number of One ADU permitted Permit one ADU and Proposed: Section 41-194.2 Units Allowed per lot developed one JADU per lot Permit ADUs and/or JADUs on properties that with a single-family developed with a single- are developed with single-family and multiple - residence. family residence. Where family residences at a rate that complies with multiple -family state law. residences exist, permit the conversion of Results: existing non -habitable Permits the construction of one ADU or one space into ADUs at a JADU, or both, on properties developed with rate up to 25 percent a single-family residence. the number of units at Permits the conversion of existing non - the site. Permit the habitable space within the multi -family construction of two residential building into ADUs at a rate up to detached ADUs on 25 percent the number of units at the site properties developed (e.g., a multi -family residence with 20 units with multi -family may convert existing non -habitable space residences. into a maximum of five ADUs). • Permits the conversion of detached non - habitable space or the construction of two new detached ADUs on properties developed with a multi -family residence. Size of Units ADUs permitted up to Permit at minimum 850 Proposed: Section 41-194.3 750 square feet in square foot ADUs that PermitADUs up to 1,000 square feet in size, and size or 50 percent the provide one bedroom or shall not exceed 50 percent the size of primary size of the primary less, and permit at dwelling if attached. dwelling unit on the minimum 1,000 square lot, whichever is less. foot ADUs that provide Results: Shall not provide more than one Permits ADUs with more than one bedroom. more than one bedroom. May permit Maintains maximum size below upper limit bedroom. ADUs up to 1,200 set in state law as a response to local square feet in size. conditions and smaller lot sizes. Setbacks Detached ADUs ADUs shall not be Proposed: Section 41-194.3 required to provide a required to provide Permit ADUs with a minimum of four foot side 10 foot rear yard more than four foot side and rear yard setbacks. Permit existing buildings setback and a five and rear yard setbacks. being converted or replaced by ADUs to foot side yard Existing buildings being maintain existing setbacks. setback. Attached converted or replaced ADUs required to by ADUs may maintain Results: provide the same existing setback. Permits ADUs to be constructed four feet setbacks as the from side and rear yard property lines. primary dwelling on Permits existing buildings being converted the lot, which are or replaced by ADUs to maintain existing prescribed by the setbacks. underlying zoning district. 75B-3 Zoning Ordinance Amendment No. 2019-05 March 17, 2020 Page 4 Table 1: Proposed Amendments Item Existing New State Law Proposed On -site Open Required a minimum May require the Proposed: Section 41-194.3 Space of 1,200 square feet provision of open space Require a minimum of 1,200 square feet of of usable, non -front on the lot, but shall in no usable, non -front yard open space. yard open space. way preclude the development of at least Results: an 800 square footADU. . Requires a total of 1,200 square feet of usable, non -front yard open space with a minimum dimension of 15 feet by 15 feet. • Permits the reduction of open space provision to permit at least an 800 square foot ADU. On -site Required one parking May require up to one Proposed: Section 41-194.3 Parking space per ADU, parking space per ADU Require one off-street parking space per ADU. unless ADU was or per bedroom, designed as a studio whichever is less. Results: unit or qualified for Parking spaces lost to . One off-street parking space shall be one of the five parking garage/carport provided per ADU, unless exempt pursuant exemptions in state conversions shall not be to state law. law. Parking spaces required to be replaced. . Replacement of spaces lost to lost to garage/carport No parking shall be garage/carport conversions not required. conversions required required for JADUs, or . JADUs are not required to provide any on- to be replaced on the ADUs that meet one of site parking per state law. site. the five parking exemptions established by state law. Number of Units Allowed As is required by state law, each property developed or proposed to be developed with a single- family residence will be permitted to construct both an ADU and a JADU. This could result, potentially, in a single-family property with up to three units. Moreover, properties developed with multi -family residences are permitted to convert existing non - habitable space within the building, including garages, into ADUs in the amount up to 25 percent the number of existing units on the site. For example, a multi -family residence with 20 units may convert existing non -habitable space up to a total of five ADUs. In addition to converting existing non -habitable space within the building, two detached ADUs are also permitted, either through the conversion of existing detached non -habitable space or new construction. The proposed ordinance will reflect these changes to state law. Size of Units Santa Ana's prior ordinance limited ADUs to a minimum of 220 square feet and a maximum of 750 square feet in size; units could not exceed 50 percent the size of the primary residence, and a maximum of one bedroom. The size and bedroom limitations were established as a response to community concerns related to overcrowding, the scale of ADUs in comparison to smaller homes that are found in the city, and exacerbation of on -street parking issues that many neighborhoods are experiencing if multiple bedrooms were permitted. New state law allows local agencies to 75B-4 Zoning Ordinance Amendment No. 2019-05 March 17, 2020 Page 5 permit ADUs up to 1,200 square feet in size. However, it also allows cities to establish maximums below that threshold as long as maximums are not set below 1,000 square feet for ADUs that provided two or more bedrooms and 850 square feet for ADUs that provide one bedroom or less. To establish a uniform maximum that complies with state law and is in keeping with the feedback received when the prior ordinance was established, the proposed ordinance will limit ADUs to a maximum 1,000 square feet for detached units and 1,000 square feet or 50 percent the size of the primary residence for attached units, regardless of number of bedrooms. Staff believes that setting two maximums will create confusion and is unnecessary as there is no incentive for a property owner to provide less bedrooms and limit the potential size of their unit. Thus, setting one maximum will result in a uniform product. The limitation on ADU size will not affect development standards that apply to the primary residence on the site. On -Site Open Space Currently open space in Santa Ana is provided at a rate below the two acres per 1,000 residents goal established in the Open Space, Parks, and Recreation Element in the City's General Plan. With the city being built out and land prices that make construction of new parks prohibitive, requiring open space on private property is critical to provide residents recreational opportunities, gathering spaces, and outdoor amenities. The proposed ordinance maintains the 1,200 square feet of non -front yard open space requirement on single-family residential properties that was part of the prior ordinance to ensure residents are provided with outdoor amenities. However, state law, while allowing for these types of development standards to be imposed, states that they cannot prohibit the construction of an ADU of at least 800 square feet in size. For those properties that cannot meet this requirement, they will be permitted to reduce the amount of open space provided on the site in the amount necessary to create at least an 800 square foot ADU. On -site Parking The proposed ordinance will require the most amount of parking per ADU that is allowed pursuant state law, which is one parking space per unit, unless the unit meets one of the five exemptions established by the state. Pursuant to state law, local agencies shall not require parking for ADUs in any of the following instances: 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 proposed or 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, and 5) when there is a car share vehicle located within one (1) block of the ADU. The prior ADU ordinance required that a property that did not conform to the parking requirement for the primary unit, which is two covered and two non -covered spaces for a single-family residence, be brought into conformance prior to or concurrent with the establishment of an ADU. State law now prohibits local agencies from using non -conformities of the primary residence from precluding the construction of an ADU or from requiring that the non -conformities be brought into conformance before approval of an ADU. As such, the proposed ordinance does not require 75B-5 Zoning Ordinance Amendment No. 2019-05 March 17, 2020 Page 6 parking non -conformities of the primary residence to be resolved, but will only require that the parking minimum established for the ADU be provided on the site. Additionally, the City's prior ordinance required that any parking spaces lost through a garage or carport conversion be replaced in any configuration on the property. The ability to require replacement of those spaces has also been prohibited by the state. Effective January 1, garage or carport parking spaces that are lost to a conversion do not have to be replaced, and local agencies shall not require that they be replaced. The proposed ordinance reflects these changes to state law as they relate to the construction of ADUs and JADUs but does not affect development standards that apply to non -conforming properties found in Chapter 41 of the SAMC. Appeals Process The proposed ordinance grants the Executive Director of the Planning and Building Agency, or his/her designee, ADU and JADU application review authority. Should an applicant wish to appeal the Executive Director's determination or requests to vary from the development standards in the ordinance, an application for a minor exception will be required and heard by the Zoning Administrator pursuant to Article V of Chapter 41. The decision of the Zoning Administrator shall be final unless appealed to the planning commission pursuant to Section 41-645 of the SAMC. Limitations and State Oversight State ADU law prohibits the adoption of a local ordinance that imposes a minimum lot size, has bedroom number maximums, requires owner -occupancy (owner -occupancy requirement permitted for JADUs), or that requires replacement of garage or carport parking spaces that are lost to conversions. State law also prohibits the adoption of development standards that would otherwise preclude the development of an 800 square foot ADU, including separation requirements, lot coverage maximums, and open space minimums. In addition, a local ordinance must permit ADUs on multi -family residential properties, non -conforming sites, and must include provisions for the establishment of JADUs on properties developed with single-family residences. State law also prohibits local agencies from imposing any impact fees for ADUs that are less than 750 square feet in size. Larger units shall be charged proportionately in relation to the square footage of the primary dwelling unit. Lastly, state law sets strict time limits for review of ADU and JADU applications (maximum of 60 days from date of application submittal). If the local agency fails to act within the allotted time, the application shall be deemed approved. To ensure compliance with state law, HCD has been granted oversight authority over local ADU ordinances. HCD is now responsible for reviewing local ordinances within 60 days of adoption to ensure compliance with state law. Additionally, HCD may refer local agencies to the Attorney General for further action if a local agency's ordinance conflicts with state law and said agency fails to amend its ordinance in response to the department's findings or does not adopt a resolution addressing HCD's comments and explaining the reason the ordinance complies with state ADU law. However, based on staff's discussions with HCD, the proposed ordinance will not require Attorney General involvement. 75B-6 Zoning Ordinance Amendment No. 2019-05 March 17, 2020 Page 7 ENVIRONMENTAL IMPACT As part of the City's permitting process, the proposed project is required to undergo an environmental review in accordance with the California Environmental Quality Act (CEQA). In accordance with the CEQA, the recommended action is exempt from CEQA per Section 15282(h). This exemption applies to the adoption of an ordinance regarding accessory dwelling units by a city or county to implement the provisions of Sections 65852.1 and 65852.2 of the Government Code as set forth in Section 21080.17 of the Public Resources Code, therefore, the activity is not subject to CEQA (ER No. 2019- 123). STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal No. 5 - Community Health, Livability, Engagement & Sustainability, Objective No. 3 (facilitate diverse housing opportunities and support efforts to preserve and improve the livability of Santa Ana neighborhoods). Minh Thai Executive Director Planning and Building Agency Exhibits: 1. Accessory Dwelling Unit Ordinance — ZOA 2019-05 2. February 10, 2020 Planning Commission Staff Report 75B-7 EXHIBIT 1 LS 3.17.20 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 671, 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. Ordinance No. NS-XXXX Page 1 of 17 75B-8 G. The Planning Commission held a duly noticed public hearing on February 10, 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 17, 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 California Code of Regulations Title 14, Chapter 3, section 15282(h) as CEQA is not applicable to the adoption of an ordinance by a city to implement the provisions of Section 65852.1 or Section 65852.2 of the Government Code, 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 deleted. MIN 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- 194.7 to read as follows: Sec. 41-194. - Accessory Dwelling Units - Purpose. Thepurpose 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" or "ADU" means an attached or detached residential dwelling unit that 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 include permanent provisions for living, sleeping eating, cooking, and sanitation on the same parcel that the primary residential building is situated or will be situated. It shall have the same meaning as that Ordinance No. NS-XXXX Page 2 of 17 75B-9 term is defined in California Government Code section 65852.2 as amended from time to time. (2) "Existing accessory structure" means an accessory structure, as defined in this chapter, which was legally established and existing prior to the submittal of an ADU or JADU application. (3) "Existing carport" and "Existing covered parking structure" and "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 the submittal of an ADU or JADU application. 4) "Junior accessory dwellina unit' or "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" for purposes of ADU development means a development that combines residential land use with one or more additional land uses where uses are physically and functionally integrated (horizontally or vertically). 7) "Multi-familv buildina" for purposes of ADU development means a building, other than a hotel or motel, with two (2) or more attached dwellina units used to house two (2) or more families, living independently of each other. (8) "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. (9) "Single-family residence" means a residential building containing one (1) or more habitable rooms with only one (1) kitchen, designed for occupancy by one (1) independent household unit with common access to, and common use of all living, kitchen and bathroom areas. (10) '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. Ordinance No. NS-XXXX Page 3 of 17 75B-10 Sec. 41-194.2. — Permitted Zones and Applicability. (A)ADUs and JADUs may be permitted in all 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. (D)Sites developed with a multi -family building may convert existing non -habitable square footage within the building 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 building are also permitted to construct two (2) ADUs or to convert existing detached accessory buildings, garages, carports, or covered parking structures to a maximum of two (2) ADUs. (E)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. (F) An ADU shall only be sold or otherwise conveyed separately from the primary building on the site if the primary building and the ADU were 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 Ordinance No. NS-XXXX Page 4 of 17 75B-11 "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 Attached Detached Provisions Minimum Size 220 sg. ft. 220 sg. ft. 220 sg. ft. Maximum Size 1,000 sg. ft. 1,000 sg. ft. 500 s . ft. A B C Maximum Height Same as prima re building 16 ft. Same as prima building Minimum Side Yard Setback 4 ft. 4 ft. Same as prima re building (D) Minimum Rear Yard Setback 4 ft. 4 ft. Same as prima re building (D) Maximum Lot Coverage/Use Intensity Same as zoning district Same as zoning district Same as zoning district (E) Open Space 1,200 sg. ft. 1,200 sa. ft. - F G Separation from Primary Buildings - - 15 ft. - (H) Separation from 5 ft. 5 ft. - (H) Accessory Buildings Minimum Parking 1 space 1 space - I J Tandem Parkin Permitted Permitted Permitted Design Guidelines Apply Apply Apply (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. Ordinance No. NS-XXXX Page 5 of 17 75B-12 (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. This provision shall not apply to conversions of existing buildings. (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. This provision shall not apply to conversions of existing buildings. (F) Required open space may be reduced to permit an ADU up to eight hundred (800) square feet in size. Open space requirement shall only apply to properties developed or proposed to be developed with a single-family residence. This provision shall not apply to conversions of existing buildings. (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. This provision shall not apply to conversions of existing buildings. (1) 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 proposed or 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. 6. The ADU is constructed as a studio, without bedrooms. (J) When an existing garage, carport, or other covered parking structure 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. Ordinance No. NS-XXXX Page 6 of 17 75B-13 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. 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 Executive 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 reaulations. 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 Ordinance No. NS-XXXX Page 7 of 17 75B-14 this article and the provisions of other articles of Chapter 41 of this Code, the provisions of this article shall prevail. -re�c�cn�c�.n Mll ■- Mffl� -- m . Ordinance No. NS-XXXX Page 8 of 17 75B-15 - i e Me, - e M I Ordinance No. NS-XXXX Page 9 of 17 75B-16 .:mr .. Ordinance No. NS-XXXX Page 10 of 17 75B-17 Ordinance No. NS-XXXX Page 11 of 17 75B-18 I �u Ordinance No. NS-XXXX Page 12 of 17 75B-19 Ordinance No. NS-XXXX Page 13 of 17 75B-20 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. (d) Garages facing the street shall occupy no more than fifty (50) percent of the lot width. Ordinance No. NS-XXXX Page 14 of 17 75B-21 (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. Ordinance No. NS-XXXX Page 15 of 17 75B-22 (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. 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. APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By: vC, Lisa Storck Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers Miguel A. Pulido Mayor Ordinance No. NS-XXXX Page 16 of 17 75B-23 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 Ordinance No. NS-XXXX Page 17 of 17 75B-24 EXHIBIT 2 REQUESTFOR Planning Commission Action PLANNING COMMISSION MEETING DATE: FEBRUARY 10, 2020 TITLE: PUBLIC HEARING — ZONING ORDINANCE AMENDMENT NO. 2019-05 TO AMEND SEVERAL SECTIONS OF CHAPTER 41 (ZONING) OF THE SANTA ANA MUNICIPAL CODE RELATING TO ACCESSORY DWELLING UNITS — CITY OF SANTA ANA, APPLICANT (STRATEGIC PLAN NO. 5,3) Prepared by Ricardo Soto PLANNING COMMISSION SECRETARY APPROVED ❑ As Recommended ❑ As Amended ❑ Set Public Hearing For DENIED ❑ Applicant's Request ❑ Staff Recommendation CONTINUED TO j Executive Director Plann' g Vanager RECOMMENDED ACTION Recommend that the City Council adopt an ordinance approving Zoning Ordinance Amendment (ZOA) No. 2019-05 to amend several sections of Chapter 41 (Zoning) of the Santa Ana Municipal Code (SAMC) relating to accessory dwelling units. Executive Summary On January 1, 2020, new state regulations supplanted the existing Accessory Dwelling Unit Ordinance, which was adopted on April 3, 2018. Amendments to Chapter 41 (Zoning) of the SAMC to establish a local ordinance that is consistent with state housing law for regulating development of accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) is necessary. Project Background Effective January 1, 2020, multiple housing bills relating to ADUs, also known as second dwelling units or granny flats, and JADUs, a smaller accessory unit that is contained within the floor plan of a single-family residence, became law. The bills include Assembly Bill (AB) 68, AB 587, AB 670, AB 881 and Senate Bill (SB) 13. Collectively, the bills made changes to development standards that can be imposed by local agencies, the number of units that can be constructed on a site, set limits on parking standards and clarified language related to parking exemptions, and created a streamlined review process which limits review times to a maximum of 60 cumulative days. In addition, the new law also includes language stating that local ordinances that are not in complete compliance with the new changes are superseded by state law. Specifically, with respect to ADUs, Subsection (a)(4) of Government Code 65852.2 states, "if a local agency has an existing accessory dwelling unit ordinance that fails to meet the requirements of this subdivision, that ordinance shall be null and void..." As such, Santa Ana's local ADU ordinance became null and void January 1 of 75B-25 ZOA No. 2019-05 — Accessory Dwelling Units Ordinance Amendments February 10, 2020 Page 2 this year, leaving staff to implement state ADU standards as set forth in the Government Code since that time. The subject ZOA was scheduled for Planning Commission consideration on January 27, 2020 but was continued to February 10, 2020 to allow the City sufficient time to respond to comments from the California Department of Housing and Community Development (HCD) and Californians for Homeownership, which expressed concerns about the following areas: definition of existing buildings, enumeration of zoning districts, discretionary process for sites listed on the Historic Register, and standards that address special categories of ADUs listed in state law. Staff subsequently reviewed and modified the draft ordinance to address expressed concerns. The revised ordinance was subsequently shared with the California Department of Housing and Community Development (HCD) and Californians for Homeownership, and no additional communications were received as of the printing of this staff report. The attached ordinance has been created in order to preserve the limited remaining authority the City has to regulate ADUs and JADUs as a result of these new state laws. If the City does not adopt a local ordinance, it is required to continue reviewing and processing applications for ADUs and JADUs pursuant to the minimum standards set forth in the Government Code, or it could be subject to litigation. Planning Commission Study Session and Previous Outreach On December 9, 2019, staff held a work-study session with the Planning Commission to review state legislation pertaining to ADUs and JADUs that took effect January 1, 2020, and the limitations on local agencies to regulate their construction. In addition, staff provided an overview of the community outreach effort undertaken in 2017 and 2018 that included a project meeting open to the public, presentations at ComLink, a meeting with the ComLink Board, meetings with housing advocacy groups, study sessions with the Planning Commission Zoning and General Plan Subcommittee, as well as the complete Planning Commission, and several presentations to City Council. That effort resulted in the creation of an ADU ordinance that reflected the community's values and delivered additional housing options to residents. Lastly, staff informed the Planning Commission of its intent of maintaining as many of the standards developed as a result of that process in the proposed ADU ordinance and only amending those sections in conflict with new state law. At that time, the Planning Commission did not make any recommendations. Protect Description and Analysis Multiple changes to state ADU law have prompted staff to revisit Santa Ana's local ADU ordinance. To ensure compliance with the newest state ADU and JADU laws and to establish an ordinance that is responsive to local conditions and community concerns, staff is proposing to amend several sections of Chapter 41 (Zoning) of the SAMC. These amendments are described and analyzed in Table 1: Summary of Amendments, on the following page: 75B-26 ZOA No. 2019-05 — Accessory Dwelling Units Ordinance Amendments February 10, 2020 Page 3 Table 1: Summary of Amendments Table 1: Proposed Amendments Item Existing New State Law Proposed Zoning Permitted in all Permitted in all Section 41-194.2 Districts Where residential zoning residential or mixed -use Permitted districts and in the zoning districts where Permit ADUs and/or JADUs in all zoning Professional (P) residential is an districts where residential or mixed -use zoning district where allowable use. development that allows residential uses properties are are permitted. developed with a single-family Results: residence. • Permits ADUs and JADUs in all residential and mixed -use zoning districts. Number of One ADU permitted Permit one ADU and one Proposed: Section 41-194.2 Units Allowed per lot developed with JADU per lot developed a single-family with a single-family Permit ADUs and/or JADUs on properties residence. residence. Where that are developed with single-family and multiple -family multiple -family residences at a rate that residences exist, permit complies with state law. the conversion of existing non -habitable Results: space into ADUs at a rate up to 25 percent the • Permits the construction of one ADU number of units at the or one JADU, or both, on properties site. Permit the developed with a single-family construction of two residence. detached ADUs on • Permits the conversion of existing non - properties developed habitable space within the multi -family with multi -family residential building into ADUs at a rate residences. up to 25 percent the number of units at the site (e.g., a multi -family residence with 20 units may convert existing non - habitable space into a maximum of five ADUs). • Permits the conversion of detached non -habitable space or the construction of two new detached ADUs on properties developed with a multi -family residence. Size of Units ADUs permitted up to Permit at minimum 850 Proposed: Section 41-194.3 750 square feet in square foot ADUs that size or 50 percent the provide one bedroom or Permit ADUs up to 1,000 square feet in size of the primary less, and permit at size, and shall not exceed 50 percent the dwelling unit on the minimum 1,000 square size of primary dwelling if attached. lot, whichever is less. foot ADUs that provide Shall not provide more than one bedroom. Results: more than one May permit ADUs up to bedroom. 1,200 square feet in • Permits ADUs with more than one size. bedroom. 75B-27 ZOA No. 2019-05 — Accessory Dwelling Units Ordinance Amendments February 10, 2020 Page 4 Table 1: Proposed Amendments Item Existing New State Law Proposed • Maintains maximum size below upper limit set in state law as a response to local conditions and smaller lot sizes. Setbacks Detached ADUs ADUs shall not be Proposed: Section 41-194.3 required to provide a required to provide more 10 foot rear yard than four foot side and Permit ADUs with a minimum of four foot setback and a five rear yard setbacks. side and rear yard setbacks. Permit foot side yard Existing buildings being existing buildings being converted or setback. Attached converted or replaced by replaced by ADUs to maintain existing ADUs required to ADUs may maintain setbacks. provide the same existing setback, setbacks as the Results: primary dwelling on the lot, which are . Permits ADUs to be constructed four prescribed by the feet from side and rear yard property underlying zoning lines. district. • Permits existing buildings being converted or replaced by ADUs to maintain existing setbacks. On -site Open Required a minimum May require the Proposed: Section 41-194.3 Space of 1,200 square feet provision of open space of usable, non -front on the lot, but shall in no Require a minimum of 1,200 square feet of yard open space. way preclude the usable, non -front yard open space. development of at least an 800 square foot ADU. Results: • Requires a total of 1,200 square feet of usable, non -front yard open space with a minimum dimension of 15 feet by 15 feet. • Permits the reduction of open space provision to permit at least an 800 square foot ADU. On -site Required one parking May require up to one Proposed: Section 41-194.3 Parking space per ADU, parking space per ADU unless ADU was or per bedroom, Require one off-street parking space per designed as a studio whichever is less. ADU. unit or qualified for Parking spaces lost to one of the five parking garage/carport Results: exemptions in state conversions shall not be law. Parking spaces required to be replaced. • One off-street parking space shall be lost to garage/carport No parking shall be provided per ADU, unless exempt conversions required required for JADUs, or pursuant to state law. to be replaced on the ADUs that meet one of • Replacement of spaces lost to site. the five parking garage/carport conversions not exemptions established required. by state law. • JADUs are not required to provide any on -site parking per state law. 75B-28 ZOA No. 2019-05 — Accessory Dwelling Units Ordinance Amendments February 10, 2020 Page 5 Number of Units Allowed As is required by state law, each property developed or proposed to be developed with a single- family residence will be permitted to construct both an ADU and a JADU. This could result, potentially, in a single-family property with up to three units. Moreover, properties developed with multi -family residences are permitted to convert existing non - habitable space within the building, including garages, into ADUs in the amount up to 25 percent the number of existing units on the site. For example, a multi -family residence with 20 units may convert existing non -habitable space up to a total of five ADUs. In addition to converting existing non -habitable space within the building, two detached ADUs are also permitted, either through the conversion of existing detached non -habitable space or new construction. The proposed ordinance will reflect these changes to state law. Size of Units Santa Ana's prior ordinance limited ADUs to a minimum of 220 square feet and a maximum of 750 square feet in size; units could not exceed 50 percent the size of the primary residence, and a maximum of one bedroom. The size and bedroom limitations were established as a response to community concerns related to overcrowding, the scale of ADUs in comparison to smaller homes that are found in the city, and exacerbation of on -street parking issues that many neighborhoods are experiencing if multiple bedrooms were permitted. New state law allows local agencies to permit ADUs up to 1,200 square feet in size. However, it also allows cities to establish maximums below that threshold as long as maximums are not set below 1,000 square feet for ADUs that provided two or more bedrooms and 850 square feet for ADUs that provide one bedroom or less. To establish a uniform maximum that complies with state law and is in keeping with the feedback received when the prior ordinance was established, the proposed ordinance will limit ADUs to a maximum 1,000 square feet for detached units and 1,000 square feet or 50 percent the size of the primary residence for attached units, regardless of number of bedrooms. Staff believes that setting two maximums will create confusion and is unnecessary as there is no incentive for a property ownerto provide less bedrooms and limit the potential size of their unit. Thus, setting one maximum will result in a uniform product. The limitation on ADU size will not affect development standards that apply to the primary residence on the site. On -site Open Space Currently open space in Santa Ana is provided at a rate below the two acres per 1,000 residents goal established in the Open Space, Parks, and Recreation Element in the City's General Plan. With the city being built out and land prices that make construction of new parks prohibitive, requiring open space on private property is critical to provide residents recreational opportunities, gathering spaces, and outdoor amenities. The proposed ordinance maintains the 1,200 square feet of non -front yard open space requirement on single-family residential properties that was part of the prior ordinance to ensure residents are provided with outdoor amenities. However, state law, while allowing for these types of development standards to be imposed, states that they cannot prohibit the construction of an ADU of at least 75B-29 ZOA No. 2019-05 — Accessory Dwelling Units Ordinance Amendments February 10, 2020 Page 6 800 square feet in size. For those properties that cannot meet this requirement, they will be permitted to reduce the amount of open space provided on the site in the amount necessary to create at least an 800 square foot ADU. On -site Parking The proposed ordinance will require the most amount of parking per ADU that is allowed pursuant state law, which is one parking space per unit, unless the unit meets one of the five exemptions established by the state. Pursuant to state law, local agencies shall not require parking for ADUs in any of the following instances: 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 proposed or 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, and 5) when there is a car share vehicle located within one (1) block of the ADU. The prior ADU ordinance required that a property that did not conform to the parking requirement for the primary unit, which is two covered and two non -covered spaces for a single-family residence, be brought into conformance prior to or concurrent with the establishment of an ADU. State law now prohibits local agencies from using non -conformities of the primary residence from precluding the construction of an ADU or from requiring that the non -conformities be brought into conformance before approval of an ADU. As such, the proposed ordinance does not require parking non -conformities of the primary residence to be resolved, but will only require that the parking minimum established for the ADU be provided on the site. Additionally, the City's prior ordinance required that any parking spaces lost through a garage or carport conversion be replaced in any configuration on the property. The ability to require replacement of those spaces has also been prohibited by the state. Effective January 1, garage or carport parking spaces that are lost to a conversion do not have to be replaced, and local agencies shall not require that they be replaced. The proposed ordinance reflects these changes to state law as they relate to the construction of ADUs and JADUs but does not affect development standards that apply to non -conforming properties found in Chapter 41 of the SAMC. Appeals Process The proposed ordinance grants the Executive Director of the Planning and Building Agency, or his/her designee, ADU and JADU application review authority. Should an applicant wish to appeal the Executive Director's determination or requests to vary from the development standards in the ordinance, an application for a minor exception will be required and heard by the Zoning Administrator pursuant to Article V of Chapter 41. The decision of the Zoning Administrator shall be final unless appealed to the planning commission pursuant to Section 41-645 of the SAMC. Limitations and State Oversight State ADU law prohibits the adoption of a local ordinance that imposes a minimum lot size, has bedroom number maximums, requires owner -occupancy (owner -occupancy requirement permitted for JADUs), or that requires replacement of garage or carport parking spaces that are lost to conversions. State law also prohibits the adoption of development standards that would otherwise preclude the development of an 800 square foot ADU, including separation 75B-30 ZOA No. 2019-05 — Accessory Dwelling Units Ordinance Amendments February 10, 2020 Page 7 requirements, lot coverage maximums, and open space minimums. In addition, a local ordinance must permit ADUs on multi -family residential properties, non -conforming sites, and must include provisions for the establishment of JADUs on properties developed with single-family residences. State law also prohibits local agencies from imposing any impact fees for ADUs that are less than 750 square feet in size. Larger units shall be charged proportionately in relation to the square footage of the primary dwelling unit. Lastly, state law sets strict time limits for review of ADU and JADU applications (maximum of 60 days from date of application submittal). If the local agency fails to act within the allotted time, the application shall be deemed approved. To ensure compliance with state law, HCD has been granted oversight authority over local ADU ordinances. HCD is now responsible for reviewing local ordinances within 60 days of adoption to ensure compliance with state law. Additionally, HCD may refer local agencies to the Attorney General for further action if a local agency's ordinance conflicts with state law and said agency fails to amend its ordinance in response to the department's findings or does not adopt a resolution addressing HCD's comments and explaining the reason the ordinance complies with state ADU law. However, based on staff's discussions with HCD, the proposed ordinance will not require Attorney General involvement. Table 2: CEQA, Strategic Plan Alignment and Public Notification & Community Outreach CEQA CEQA Type Exempt per Section 15282 h Reason(s) In accordance with the California Environmental Quality Act (CEQA), the recommended Exempt or Analysis action is exempt from CEQA per Section 15282(h). This exemption applies to the adoption of an ordinance regarding accessory dwelling units by a city or county to implement the provisions of Sections 65852.1 and 65852.2 of the Government Code as set forth in Section 21080.17 of the Public Records Code, therefore, the activity is not subject to CEQA. Strategic Plan Alignment Goal(s) and Policy(s) Approval of this item supports the Citys efforts to meet Goal No. 5 - Community Health, Livability, Engagement & Sustainability, Objective No. 3 (facilitate diverse housing opportunities and support efforts to preserve and improve the livability of Santa Ana neighborhoods). Public Notification & Community Outreach Required Measures The proposed amendments are citywide, and the project site is not located within the boundaries of one single neighborhood association. However, a notice was published in the Orange County Register. At the time of this printing, staff received a phone call and electronic correspondence from the California Department of Housing and Community Development (HCD), and one written correspondence from Californians for Homeownership, which are attached to this report. Conclusion Based on the analysis provided within this report, staff recommends that the Planning Commission recommend that the City Council approve Zoning Ordinance Amendment No. 2019-05, /Z<� �� Ricardo Soto, AICP Associate Planner 75B-31 ZOA No. 2019-05 — Accessory Dwelling Units Ordinance Amendments February 10, 2020 Page 8 SAPIanning Commission\2020\1-27-20\ZOA No. 2019-05\ZOA 2019-5 Staff Report 02102020 Exhibits: 1. Draft Accessory Dwelling Unit Ordinance 2. Correspondence 75B-32 EXHIBIT 1 75B-33 Xxx 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 671, 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. Ordinance No. NS-XXXX Page 1 of 17 75B-34 G. Planning Commission held a duly noticed public hearing on February 10, 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 17, 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 deleted. 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- 194.7 to read as follows: Sec. 41-194. - Accessory Dwellina Units - Purpose. The purpose of this section is to establish regulations for the development of accessonr 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' or "ADU means an attached or detached residential dwelling unit that 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 include permanent provisions for living sleeping eating cooking and sanitation on the same parcel that the primary residential building is situated 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. Ordinance No. NS-XXXX Page 2 of 17 75B-35 (2) "Existing accessory structure" means an accessory structure as defined in this chapter, which was legally established and existing prior to the submittal of an ADU or JADU application. (3) "Existinq carport' and "Existing covered parking structure" and "Existing garage" mean 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 the submittal of an ADU or JADU application. 4) "Junior accessory dwelling unit' or "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 dwellinq unit, includin basements and attics, but does not include a garage or any accessory structure (6) "Mixed -Use" for purposes of ADU development means a development that combines residential land use with one or more additional land uses where uses are physically and functionally integrated (horizontally or vertically) (7) "Multi -family building" for purposes of ADU development means a building other than a hotel or motel with two (2) or more attached dwelling units used to house two (2) or more families, living independently of each other. (8) "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. (9) "Single-family residence" means a residential building containing one (1) or more habitable rooms with only one (1) kitchen designed for occupancy by one (11) independent household unit with common access to and common use of all living, kitchen and bathroom areas. (10) "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. Ordinance No. NS-XXXX Page 3 of 17 75B-36 Sec. 41-194.2. — Permitted Zones and Applicability. (A)ADUs and JADUs may be permitted in all 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. (D)Sites developed with a multi -family building may convert existing non -habitable square footage within the building 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 building are also permitted to construct two (2) ADUs or to convert existing detached accessory buildings, garages carports, or covered parking structures to a maximum of two (2) ADUs. (E)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. (F) An ADU shall only be sold or otherwise conveyed separately from the primary building on the site if the primary building and the ADU were 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 Ordinance No. NS-XXXX Page 4 of 17 75B-37 "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 Attached Detached Provisions Minimum Size 220 s . ft. 220 s . ft. 220 s Maximum Size 1 000 s . ft. 1 000 s . ft. —.ft—. 500 sq. ft. A B C Maximum Height Same as prima building 16 ft. Same as np •mart/ buildin Minimum Side Yard Setback 4 ft. 4 ft. Same as prima building Minimum Rear Yard Setback 4 ft. 4 ft. Same as prima ry buildin LD Maximum Lot Coverage/Use Intensity Same as zoning district Same as zoning district Same as zoning district Open Space 1200 sq. ft. 1,200 sq, ft. F G Separation from Primary Buildin s - 15 ft. - - (H) Separation from 5 ft. 5 ft. _- Accessory Buildings Minimum Parking 1 space 1 space I J Tandem Parking Permitted Permitted Permitted Design Guidelines Apply Apply Apply (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. Ordinance No. NS-XXXX Page 5 of 17 75B-38 (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. This provision shall not apply to conversions of existing buildings. (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. This provision shall not apply to conversions of existing buildings. (F) Required open space may be reduced to permit an ADU up to eight hundred (800) square feet in size Open space requirement shall only apply to properties developed or proposed to be developed with a single-family residence. This provision shall not apply to conversions of existing buildings. (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. This provision shall not apply to conversions of existing buildings. (1) 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 walkin distance of public transit. 2. The ADU is located within an architecturally and historically significant historic district. 3. The ADU is part of the proposed or 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 carport or other covered parking structure 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. Ordinance No. NS-XXXX Page 6 of 17 75B-39 Standards for the Treatment of Historic Properties, 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 Executive 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 Citv 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 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 citv 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. Ordinance No. NS-XXXX Page 7 of 17 75B-40 NO IMY MN Ordinance No. NS-XXXX Page 8 of 17 75B-41 "M I a �-M - M-1 Ordinance No. NS-XXXX Page 9 of 17 75B-42 MEMO • • • • ♦ •• • •• • •• • • • • • • • • • it `70T�� 1 Ordinance No. NS-XXXX Page 10 of 17 75B-43 IN NOW IMIN. Wampii Ordinance No. NS-XXXX Page 11 of 17 75B-44 Ordinance No. NS-XXXX Page 12 of 17 75B-45 Ordinance No. NS-XXXX Page 13 of 17 75B-46 WOW , r_r�:�irmtin� 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. (d) Garages facing the street shall occupy no more than fifty (50) percent of the lot width. Ordinance No. NS-XXXX Page 14 of 17 75B-47 (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. Ordinance No. NS-XXXX Page 15 of 17 75B-48 (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. 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, unconstitutional. ADOPTED this clauses, phrases, APPROVED AS TO FORM: Sonia R. Carvalho City Attorney IN Lisa Storck Assistant City Attorney AYES: NOES: ABSTAIN: NOT PRESENT: day of Councilmembers Councilmembers Councilmembers Councilmembers or portions be 2020. Miguel A. Pulido Mayor declared invalid or Ordinance No. NS-XXXX Page 16 of 17 75B-49 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 Ordinance No. NS-XXXX Page 17 of 17 75B-50 This page left blank intentionally. 75B-51 This page left blank intentionally. 75B-52