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Item # 28
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
December 6, 2022
TOPIC: Urgency Ordinance to Amend Article II (Use Districts) of Chapter 41 (Zoning) of
the Santa Ana Municipal Code in Compliance with Changes to State Law Pertaining to
Accessory Dwelling Units.
AGENDA TITLE:
Zoning Ordinance Amendment No. 2022-06 – An Urgency Ordinance of the City
Council of the City of Santa Ana amending Article II (Use Districts) of Chapter 41
(Zoning) of the Santa Ana Municipal Code Relating to Accessory Dwelling Units (ADUs)
in Compliance with Changes to State ADU Law Enacted Under Assembly Bill 2221 and
Senate Bill 897 That Will Take Effect on January 1, 2023
RECOMMENDED ACTION
Approve Zoning Ordinance Amendment No 2022-06 and adopt the Urgency Ordinance
by two-thirds (2/3) vote to amend Article II (Use Districts) of Chapter 41(Zoning) of the
Santa Ana Municipal Code related to accessory dwelling units.
EXECUTIVE SUMMARY
On September 28, 2022, Governor Newsom signed new housing laws including
Assembly Bill (AB) 2221 and Senate Bill (SB) 897, amending state accessory dwelling
unit (ADU) law. Both bills will become effective January 1, 2023, at which time the
entirety of any local ordinance that does not conform to enacted changes will become
null and void. The proposed urgency ordinance will amend several sections of the
zoning code to make Santa Ana’s local ordinance consistent with changes to state ADU
law. If the ordinance amendments are not adopted by two-thirds (2/3) vote and effective
prior to January 1, 2023, the entirety of Santa Ana’s ADU ordinance will be null and void
and applications for ADUs and Junior Accessory Dwelling Units (JADUs) will be subject
to only the minimum development standards included in Government Code section
65852.2 et seq. Specifically, staff proposes amendments to SAMC Sections 41-194.1
(Definitions), 41-194.2 (Permitted zones and applicability), 41-194.3 (Development
standards), and 41-194.7 (Applicability to other regulations).
DISCUSSION
ADUs are seen as a critical component in addressing the statewide housing shortage. As
such, the California Legislature has enacted bills making changes to state ADU law in
nearly every legislative session since 2016. Collectively, the bills have made changes to
development and design standards that can be imposed by local agencies, made changes
to the number of units that can be constructed on a property, set limits on parking
standards and included parking exemptions, required streamlined review processes, and
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prescribed that local ordinances that are not in complete compliance with state ADU law
are null, void, and superseded by state law.
AB 2221 and SB 897 are the latest bills enacted by the legislature and signed by the
Governor that will make changes to state ADU law. Together, the bills will allow taller units,
encroachment into the front yard setback to accommodate an ADU of at least 800 square
feet in size, clarify that non-habitable space attached to a single-family residence, such as
an attached garage, can be converted into a JADU, require an interior entry between a
primary residences and a JADU when sanitation facilities are shared, and include a series
of amendments to application review procedures. Both bills will take effect on January 1,
2023, and will make Santa Ana’s local ordinance null and void if conflicts are not amended
and in effect before then.
To ensure Santa Ana’s local ordinance remains consistent with state law and thereby
enforceable, several sections of Article II (Use Districts) of Chapter 41 (Zoning) relating
to ADUs and JADUs are impacted and must be amended. Table 1 below and on the
following pages provides a summary of the major changes necessary to make Santa
Ana’s local ADU ordinance consistent with state law. If adopted by the necessary two-
thirds (2/3) vote, the proposed changes would become effective immediately citywide.
Table 1: ZOA No. 2022-06 Current and Proposed Text Regulations
Item Existing Zoning Code
Regulations
State Law Proposed Zoning Code
Regulations
Interior Entry Sec. 41-194.1(4) allows
JADUs to share
sanitation facilities with
primary dwelling.
If a permitted JADU
does not include a
separate bathroom, an
interior entry to the
primary dwelling shall
be provided.
Update Sec. 41-194.1(4) to
explicitly require an interior
connection between a JADU
and the primary unit when
sanitation facilities will be
shared.
Multiple
Single-family
Residences
on a Single
Lot
Sec. 41-194.2(C) permits
ADUs on lots developed
or proposed to be
developed with a single-
family residence.
However, the existing
ordinance does not
clearly express how
many ADUs are
permitted on lots with
multiple detached single-
family residences.
Permits one ADU on
lots developed or
proposed to be
developed with multiple
detached single-family
residences.
Update Sec. 41-194.2(C) to
expressly state that only one
ADU is permitted on lots
developed or proposed to be
developed with a single-family
residence or multiple detached
single-family residences.
Multi-family
Buildings
Sec. 41-194.2(D) permits
conversion of non-
habitable square footage
within a multi-family
building at a rate up to 25
percent the number of
units on the lot.
Additionally, the section
Permits conversion of
non-habitable square
footage within a multi-
family building at rate
up to 25 percent the
number of units on the
lot. Additionally, permits
two detached ADUs.
Make clarifying edits to Sec. 41-
194.2(D) to explicitly state that
the two permitted detached
ADUs can be provided through
new construction or conversion
of existing detached accessory
buildings, or combination
thereof.
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permits two detached
units, or conversion of
existing accessory
buildings to a total of two
ADUs.
Non-habitable
Space
Sec. 41-194.2(E) permits
the development of a
JADU on lots developed
with a single-family
residence. Sec. 41-
194.1(4) defines a JADU
as being contained
entirely within the living
area of a single-family
residence.
1. Specifies that non-
habitable space
within the primary
dwelling structure,
such as an attached
garage, are
considered part of
the proposed or
existing single-family
residence for
purposes of JADU
construction.
2. JADUs are limited to
one per residential
lot with a single-
family residence.
Lots with multiple
detached single-
family residences
are not eligible to
have JADUs.
1. Amend Sec. 41-194.2(E) to
expressly state that
attached non-habitable
space, such as an attached
garage, can be converted
into a JADU.
2. Amend Sec. 41-194.2(E) to
prohibit JADUs on lots
developed with multiple
detached single-family
residences.
Maximum
Size –
Attached
Local ADU ordinance
limits size of attached
ADUs to 50 percent of
the size of the primary
residence, not to exceed
1,000 square feet in size.
Allows local ordinances
to utilize a percentage
to establish maximum
unit size for attached
ADUs. However,
percentage threshold
may be exceeded to
permit at least an 800
square foot unit.
Amend Sec. 41-194.3 (A) to
expressly permit exceeding the
50 percent size limit for
attached ADUs to allow a unit
of at least 800 square feet in
size, but in no case shall the
attached unit exceed 1,000
square feet in size.
150 Sq. Ft.
Expansions
Existing ADU ordinance
permits expansions of
existing accessory
buildings being converted
into an ADU by up to 150
square feet. However, it
does not clarify if new
square footage must
comply with development
standards applicable to
new ADUs, or what
standards apply in cases
where an expansion
greater than 150 square
feet is proposed.
1. Prohibits application
of local development
standards when an
existing structure is
expanded up to 150
square feet in size.
2. Allows local
agencies to apply
development
standards applicable
to new ADUs when
an existing
accessory building is
proposed to be
expanded beyond
150 square feet in
size.
1. Amend Sec. 41-194.3(C) to
state that development
standards applicable to new
ADUs will not apply when
existing accessory
structures are expanded by
up to 150 square feet in
size.
2. Amend Sec. 41-194.3(C) to
state that development
standards for new ADUs
will apply when an existing
accessory building is
proposed to be expanded
beyond 150 square feet in
size.
Maximum
Height
Existing ADU ordinance
applies maximum height
1. ADUs within half-
mile of transit shall
1. Add Sec. 41-194.3(E) to
permit detached ADUs up
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for primary residence to
attached ADUs—27 feet
in height in R1 and R2
zoning districts. However,
limits detached ADUs to
16 feet in height.
be permitted up to
18 feet in height, and
up to 20 feet if
necessary to match
roof pitch of primary
residence.
2. Attached ADUs shall
be permitted up to
25 feet in height or
as high as primary
residence, whichever
is lower.
to two stories or 20 feet in
height.
2. The existing ADU
ordinance permits attached
ADUs up to the same
maximum height as the
primary residence. No
change is needed.
Front Yard
Setback
Existing ADU ordinance
is silent on front yard
setback requirement, as it
defers to the underlying
zoning district front yard
setback requirement
Local ordinance may
impose front yard
setback requirement,
but ADUs may
encroach into that
setback if an ADU of at
least 800 square feet
cannot be
accommodated
elsewhere on the lot.
Add Sec. 41-194.3(F) to allow
encroachment into the required
front yard setback in the
amount necessary to permit an
ADU up to 800 square feet in
size.
Parking
Exemptions
Existing ADU ordinance
provides six parking
exemptions for ADUs.
Exemptions include:
1) The ADU is located
within one-half (½) 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 residence
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.
Enumerates an
additional parking
exemption. States that
previous six parking
exemptions also apply
to ADUs being
proposed as part of a
new single-family or a
new multifamily
residence on the same
lot.
Amend Sec. 41-194.3(L) to
include new parking
exemption.
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JADU – Interior Entry
In instances where a JADU shares a sanitation facility with the primary residence, new
state law requires the JADU to have an interior entry to the primary residence’s main living
area, independent of the exterior entrance of the JADU and primary residence. While not
expressly stated in the SAMC, the City has been requiring an interior entry or connection
between the primary residence and JADU when a sanitation facility is shared as part of the
plan review process. Section 41-194.1(4) will be amended to explicitly require an interior
connection between a JADU and the primary unit when sanitation facilities will be shared.
The proposed amendment will make the local ordinance consistent with changes to state
law, but will not result in substantive changes in the review process or the types of
products that have been or will be permitted in the City.
Multiple Single-family Residences
For the purposes of ADU law, building types on properties are categorized as either single-
family or multi-family. Single-family is defined as a building containing one or more
habitable rooms with only one kitchen, designed for occupancy by one independent
household unit. Multi-family is defined as a building, other than a hotel or motel, with two
or more attached dwelling units used to house two or more families, living independently
of each other. Consistent with the definitions of single-family and multi-family, and with
state ADU law, it is necessary to expressly clarify and state in Section 41-194.2(C) that
only one ADU is permitted on lots developed with multiple detached single-family
residences.
Multi-family Buildings
The ordinance would amend Section 41-194.2(D) to clarify that two detached ADUs are
permitted on sites developed with a multi-family building and that they can be new
construction, conversion of existing detached accessory buildings, or any combination
thereof. While including two methods by which to permit ADUs on sites developed with
a multi-family building was optional, such as through conversion of existing non-
habitable space within the building or through construction of two detached units,
changes to state law require local agencies to now permit both, meaning allowances for
ADU construction on properties with multi-family buildings will be in line with state law.
JADU – Non-habitable Space
The amendments include updates to Section 41-194.2(E) to specify that non-habitable
spaces attached to within the primary residence, including attached garages, are
considered part of the proposed or existing single-family residence, consistent with
practice and new state law. Additionally, the ordinance includes text clarifying that lots
developed with multiple detached single-family dwellings are not eligible to have a JADU,
consistent with state law.
Maximum Size – Attached ADU
Santa Ana’s existing local ordinance limits attached ADUs to 50 percent the size of the
primary residence, not to exceed 1,000 square feet in size. The local ordinance can
continue to utilize a percentage of the primary dwelling as a maximum unit size for
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attached ADUs, but only if it does not restrict the ability to construct an ADU of at least 800
square feet in size. Consistent with state law, it is necessary to amend Section 41-194.3
(A) to expressly permit exceeding the 50 percent size limit for attached ADUs to allow a
unit of at least 800 square feet in size.
Maximum Height
New state law will require that local agencies permit taller ADUs under certain
circumstances. For example, detached ADUs located within one half-mile of a major
transit stop or high quality transit corridor may be up to 18 feet in height and up to 20 feet if
necessary to match the roof pitch of the ADU to that of the main house. Since Santa Ana
is a transit-rich community, nearly the entire city is located within half-mile of transit.
Additionally, Santa Ana’s Citywide Design Guidelines, which apply to ADUs, require that
the roof pitch match that of the primary residence. Taken together, nearly all detached
ADUs would qualify to be built up to a maximum of 20 feet in height. Consistent with state
law, revising the standard to two stories or 20 feet maximum in height will simplify
application of the standard and streamline review of such proposals. No change is needed
to attached ADU height limit as it complies with new state law.
Front Yard Setback
New state law continues to allow local agencies to impose a front yard setback;
however, it must yield to the extent necessary to enable the construction of an ADU that
is at least 800 square feet in size. The previous state law included similar “must yield”
provisions for other development standards such as lot coverage, separation criteria,
and open-space requirements. To maintain consistency with state law, the ordinance
would allow encroachment into the required front yard setback in the amount necessary
to permit an ADU up to 800 square feet in size.
Parking Exemption
Santa Ana’s existing ordinance provides six parking exemptions that are all required by
state law. Those parking exemptions are: 1) The ADU is located within one-half (½) 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 residence 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; and 6) The ADU is constructed as a
studio, without bedrooms. New state law will add one additional parking exemption to
explicitly state that the existing parking exemptions also apply in situations when a permit
application for an ADU is submitted with a permit application to create a new single-family
residence or a new multifamily residence. The ordinance would include the new exemption
in accordance with state law.
ENVIRONMENTAL IMPACT
Pursuant to the California Environmental Quality Act (“CEQA”) and the CEQA
Guidelines, the adoption of this Ordinance is exempt from CEQA review pursuant to
Section 15282(h) which provides a statutory exemption for the adoption of an ordinance
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regarding second units in a single-family or multifamily residential zone 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. As a result,
Environmental Review No. 2022-108 will be filed upon adoption of this ordinance.
FISCAL IMPACT
There is no direct fiscal impact associated with this action.
EXHIBIT(S)
1. Ordinance for ZOA No. 2022-06
2. Copy of Public Notice
Submitted By: Minh Thai, Executive Director of Planning and Building Agency
Approved By: Kristine Ridge, City Manager
Ordinance No. NS-XXX
Page 1 of 8
ORDINANCE NO. NS-XXX
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF SANTA ANA AMENDING ARTICLE II (USE
DISTRICTS) OF CHAPTER 41 (ZONING) OF THE SANTA
ANA MUNICIPAL CODE RELATING TO ACCESSORY
DWELLING UNITS IN COMPLIANCE WITH CHANGES TO
STATE ADU LAW ENACTED UNDER ASSEMBLY BILL 2221
AND SENATE BILL 897
WHEREAS, in Government Code section 65852.150, the California Legislature
found and declared that, among other things, allowing Accessory Dwelling Units (“ADUs”)
in zones that permit single-family and multifamily uses provides additional rental housing
and is an essential component in addressing California’s housing needs; and
WHEREAS, the legislature has periodically revised State law governing local
regulation of the development of ADUS and Junior Accessory Dwelling Units (“JADUs”),
to which law charter cities like Santa Ana are subject; and
WHEREAS, in 2022, the California Legislature approved, and the Governor signed
into law Assembly Bill 2221 and Senate Bill 897, both of which amended Government
Code section 65852.2, the primary provision of State ADU law; and
WHEREAS, AB 2221 and SB 897 both take effect on January 1, 2023, at which
time any local ordinance will become null and void if it does not conform to the changes
to State ADU law enacted by AB 2221 and SB 897; and
WHEREAS, the City of Santa Ana accordingly desires to amend and update its
local regulations governing the development of ADUs and JADUs to render them
consistent with State ADU law; and
WHEREAS, there is a current and immediate threat to the public health, safety, or
welfare if the City’s local regulations governing the developments of ADUs and JADUs
were to become null and void on January 1, 2023, as that would threaten the orderly
development of ADUs and JADUs and potentially work an adverse impact on existing
neighborhoods, as well as negatively impact property values, personal privacy, and fire
safety. These threats to public safety, health, and welfare justify adoption of this
ordinance as an urgency ordinance to be effective immediately upon adoption by a two-
thirds vote of the City Council; and
WHEREAS, pursuant to Santa Ana City Charter sections 415 and 417, based on
the above findings, this Ordinance is declared by the City Council to be necessary as an
emergency measure to protect and preserve the health, safety and welfare of the citizens
of the City of Santa Ana and will become effective immediately if passed by the affirmative
votes of at least two-thirds (2/3) of the members of the City Council. The City Council
hereby finds that there is an urgent need to adopt these regulations in order to address
the current and immediate threats set forth above.
Ordinance No. NS-XXX
Page 2 of 8
NOW, THEREFORE, the City Council of the City of Santa Ana does ordain as
follows:
Section 1. The recitals above are each incorporated by reference and adopted
as findings by the City Council.
Section 2. Section 41-194.1 (Definitions) of Article II of Chapter 41 of the Santa
Ana Municipal Code is hereby amended to read as follows:
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.
(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 dwelling unit" or "JADU" means a unit that is no more than
five hundred (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 when an interior connection to
the primary unit where the sanitation facilities are located is provided.
(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 (1) or more additional land uses where
uses are physically and functionally integrated (horizontally or vertically).
Ordinance No. NS-XXX
Page 3 of 8
(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 (1) independent household unit with common access to, and common
use of all living, kitchen and bathroom areas.
(10) "Tandem parking" means that two (2) or more automobiles are parked on a
driveway or in any other location on a lot, lined up behind one another.
Section 3. Section 41-194.2 (Permitted zones and applicability) of Article II of
Chapter 41 of the Santa Ana Municipal Code is hereby amended to read as follows:
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) LotsSites developed or proposed to be developed with a single-family residence
or multiple detached single-family residences shall not be permitted more than one
(1) ADU.
(D) LotsSites 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 lotsite. LotsSites developed with a multi-family building are also permitted to
construct two (2) detached ADUs. Those detached ADUs may be provided through
or to conversiont of existing detached accessory buildings, garages, carports, or
covered parking structures, new construction, or combination thereof. to a
maximum of two (2) ADUs.
(E) A maximum of one (1) JADU shall be permitted on a lotsite developed or proposed
to be developed with a single-family residence, unless the subject site proposes or
Ordinance No. NS-XXX
Page 4 of 8
contains an attached ADU. In such cases, a JADU shall not be permitted. For
purposes of this paragraph, non-habitable spaces attached to or within the primary
residence, such as an attached garage, is considered a part of the proposed or
existing single-family residence and may be converted into a JADU. Lots with
multiple detached single-family residences are not eligible to have a JADU.
(F) An ADU shall only be sold or otherwise conveyed separately from the primary
building on the lotsite 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.
Section 4. Section 41-194.3 (Development standards) of Article II of Chapter
41 of the Santa Ana Municipal Code is hereby amended to read as follows:
Sec. 41-194.3. - Development standards.
The development standards in Table 41-194.3 shall be applicable to all ADUs
accessory dwelling units and JADUs junior accessory dwelling units. Additional
provisions related to ADUs accessory dwelling units and JADUs 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 41-194.3
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)(D)
Maximum
Height
Same as
primary
building
2016 ft. Same as
primary
building
(E)
Minimum Front
Yard Setback
Same as
primary
building
Same as
primary
building
Same as
primary
building
(F)
Minimum Side
Yard Setback
4 ft. 4 ft. Same as
primary
building
(GD)
Minimum
Street Side
Setback
(Corner Lots)
4 ft. 4 ft. Same as
primary
building
(G)
Ordinance No. NS-XXX
Page 5 of 8
Minimum Rear
Yard Setback
4 ft. 4 ft. Same as
primary
building
(GD)
Maximum Lot
Coverage/Use
Intensity
Same as
zoning district
Same as
zoning district
Same as
zoning district
(HE)
Open Space 1,200 sq. ft. 1,200 sq. ft. - (IF)(JG)
Separation
from Primary
Buildings
- 15 ft. - (KH)
Separation
from
Accessory
Buildings
5 ft. 5 ft. -Same as
primary
building
(KH)
Minimum
Parking
1 space 1 space - (LI)(LJ)
Tandem
Parking
Permitted Permitted Permitted
Design
Guidelines
Apply Apply Apply
(A) Attached ADUs shall not exceedmay be fifty (50) percent of the size of the
habitable space of the primary residencedwelling on the lotsite. Attached ADUs
may only exceed fifty (50) percent of the size of the habitable space of the primary
dwelling to accommodate an ADU up to eight hundred (800) square feet in size.
,In no case shall the attached ADU not to exceed one thousand (1,000) square
feet in size.
(B) ADUs may not exceed eight hundred (800) square feet in size in cases where both
an ADU and JADU are developed or proposed on a lotsite.
(C) Existing accessory structures may be converted into an ADU and may be
expanded by up to one hundred fifty (150) square feet of the existing footprint to
accommodate ingress and egress only. Development standards applicable to new
ADUs shall not apply to one hundred fifty (150) square foot expansions. If an
expansion of an accessory structure beyond one hundred fifty (150) square feet is
proposed, the ADU shall be subject to and comply with all development standards
applicable to a new ADU.
(D) The conversion of an existing accessory structure or a portion of the existing
primary residence to an ADU is not subject to size requirements.
Ordinance No. NS-XXX
Page 6 of 8
(E) Detached ADUs shall not exceed two (2) stories or twenty (20) feet in height, as
measured from the lowest adjacent grade of the structure to the highest point of
the roof on the structure. The conversion of an existing accessory structure or a
portion of the existing primary residence to an ADU is not subject to height
requirements.
(F) An ADU may encroach into the required front yard setback to permit an ADU up to
eight hundred (800) square feet in size. The conversion of an existing accessory
structure or a portion of the existing primary residence to an ADU is not subject to
setback requirements.
(GD) 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.
(HE) 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. The conversion of an
existing accessory structure or a portion of the existing primary residence to an
ADU is not subject to lot coverage requirements.
(IF) 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. The conversion of an
existing accessory structure or a portion of the existing primary residence to an
ADU is not subject to open space requirements.
(JG) 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.
(KH) 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. The conversion of an existing accessory structure or a portion of the
existing primary residence to an ADU is not subject to separation requirements.
(LI) No parking for the ADU is required if one (1) or more of the following applies:
1. The ADU is located within one-half (½) 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 residencedwelling or an
existing accessory structure.
Ordinance No. NS-XXX
Page 7 of 8
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.
7. When a permit application for an ADU is submitted with a permit application
to create a new single-family residence or a new multifamily residence on the
same lot, provided that the ADU or the lot satisfies any other criteria listed in
items 1. through 6. above.
(MJ) When an existing garage, carport, or other covered parking structure is demolished
in conjunction with the construction of an ADUaccessory dwelling unit, or
converted to an ADUaccessory dwelling unit, replacement of those off-street
parking spaces shall not be required. If an existing garage, carport, or other
covered parking structure is demolished in conjunction with the construction of an
ADU, the demolition permit shall be issued at the same time as the permit for the
ADU.
Section 5. Section 41-194.7 (Applicability to other regulations) of Article II of
Chapter 41 of the Santa Ana Municipal Code is hereby amended to read as follows:
Sec. 41-194.7. - Applicability to other regulations.
ADUsAccessory dwelling units and JADUsjunior 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 this article and the provisions of other articles of Chapter 41 of this Code,
the provisions of this article shall prevail.
Section 6. The City Council finds and determines that this Ordinance is not
subject to the California Environmental Quality Act (CEQA) pursuant to Section 15282(h)
of the State CEQA Guidelines, which provides a statutory exemption for the adoption of
an ordinance regarding second units in a single-family or multifamily residential zone by
a city or county to implement the provisions of Sections 65852.1 and 65852.2 of the
Government Code, as further set forth in Section 21080.17 of the Public Resources Code.
Section 7. The City Council hereby declares, based on the findings set forth
above, the urgency exists and that this Ordinance is necessary and appropriate to
preserve the public health, safety, and welfare.
Section 8. This ordinance shall become effective immediately upon its adoption.
Section 9. 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
Ordinance No. NS-XXX
Page 8 of 8
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.
Section 10. The Clerk of the Council shall certify the adoption of this ordinance
and shall cause the same to be published as required by law.
ADOPTED this _______ day of ___________, 2022.
_________________________
Vicente Sarmiento
Mayor
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By:_________________________
John M. Funk
Chief Assistant City Attorney
AYES: Councilmembers ______________________________________
NOES: Councilmembers _______________________________________
ABSTAIN: Councilmembers _______________________________________
NOT PRESENT: Councilmembers _______________________________________
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, ______________, Clerk of the Council, do hereby attest to and certify the attached
Ordinance No. NS-____________ to be the original ordinance adopted by the City
Council of the City of Santa Ana on _______________, 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
CITY OF SANTA ANA
Planning and Building Agency
20 Civic Center Plaza ● P.O. Box 1988
Santa Ana, California 92702
www.santa-ana.org/pba
NOTICE OF PUBLIC HEARING
BEFORE THE CITY COUNCIL OF THE CITY OF SANTA ANA, CA.
The City of Santa Ana encourages the public to participate in the decision-making process.
The following notice is being provided so that you can ask questions, make comments and
stay informed about projects that might be important to you. We encourage you to contact
us prior to the Public Hearing if you have any questions.
NOTICE IS HEREBY GIVEN - The City Council of the City of Santa Ana will hold a public hearing
to receive public testimony and will take action on the item described below.
Proposed Action: Adopt an urgency ordinance approving Zoning Ordinance Amendment No.
2022-06 to amend several sections of Article II (Use Districts) of Chapter 41(Zoning) of the Santa
Ana Municipal Code (SAMC) related to accessory dwelling units (ADUs) to maintain consistency
with and amend to reflect modifications to state ADU law scheduled to take effect January 1, 2023.
Environmental Impact: Pursuant to the California Environmental Quality Act (“CEQA”) and the
State CEQA Guidelines, adoption of this Ordinance is exempt from CEQA review pursuant to Section
15282(h) which provides a statutory exemption for the adoption of an ordinance regarding second
units in a single-family or multifamily residential zone 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. Environmental Review No. 2022-108 will be filed upon adoption of this
ordinance.
Meeting Time and Date: This matter will be heard on Tuesday, December 6, 2022, at 5:45
p.m. or thereafter in the City Council Chambers, 22 Civic Center Plaza, Santa Ana, CA 92701. All
interested persons can refer to the following link on the date of the meeting for more information and
instruction for participating in the meeting https://www.santa-ana.org/agendas-and-minutes/.
How To Make Comments: If you do not wish to appear at the public hearing, you may also
send your written comments to the Clerk of the Council, by mail to City of Santa Ana, 20 Civic Center
Plaza – M30, Santa Ana, CA 92701 or via e-mail at ecomments@santa-ana.org (reference “City
Council meeting”) by 12:00 p.m. on Monday, the day before the meeting; e-mails received after said
time will be on file for public viewing the day after the meeting.
Who To Contact For Questions: Should you have any questions, please contact Ricardo Soto
with the Planning and Building Agency by phone at (714) 667-2793 or by email at RSoto@santa-
ana.org.
Where To Get More Information - All staff reports regarding any item on this agenda are
available for public inspection in the Clerk of the Council Office during regular business hours and
posted on the City’s website the Tuesday before a Council meeting at: https://www.santa-
ana.org/agendas-and-minutes/.
Si tiene preguntas en español, favor de llamar a Kelly Arcadio-Tajonar al (714) 647-5881.
Nếu cần liên lạc bằng tiếng Việt, xin điện thoại cho Tony Lai số (714) 565-2627.
If you challenge the decision on the above matter, you may be limited to raising only those issues
you or someone else raised at the public hearing described in this notice, or in written
correspondence delivered to the City Council of the City of Santa Ana at, or prior to, the public
hearing.
Clerk of the Council
Publish Orange County Reporter - Legal Section;
Date: November 25, 2022