HomeMy WebLinkAboutItem 17 - ADU Ordinance Amendments Planning and Building Agency
www.santa-ana.org/pba
Item # 17
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
February 4, 2025
TOPIC: ADU Ordinance Amendments (Citywide) Second Reading
AGENDA TITLE
Second Reading of Zoning Ordinance Amendment No. 2024-03 – An 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)
First Reading January 21, 2025 City Council meeting and approved by a vote of 7-0.
Published in the OC Reporter on January 23, 2025.
RECOMMENDED ACTION
Conduct a second reading and adopt Zoning Ordinance Amendment No. 2024-03
amending Article II (Use Districts) of Chapter 41 (Zoning) of the Santa Ana Municipal
Code related to accessory dwelling units to be in compliance with changes to state law
enacted under Senate Bill 1211 and make other minor clarifying changes.
ORDINANCE NO. NS-3076 entitled AN 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 TO BE IN COMPLIANCE WITH CHANGES TO STATE LAW
ENACTED UNDER SENATE BILL 1211 AND MAKE OTHER MINOR CLARIFYING
CHANGES
GOVERNMENT CODE §84308 APPLIES: No
DISCUSSION
At the January 21, 2025, meeting, the City Council conducted the first reading of Zoning
Ordinance Amendment No. 2024-03, a zoning ordinance amending Article II (Use
Districts) of Chapter 41 (Zoning) of the Santa Ana Municipal Code relating to accessory
dwelling units (ADUs) to be in compliance with changes to State ADU law enacted
under Senate Bill 1211 that took effect January 1, 2025. The ordinance, approved 7:0,
requires a second reading.
No changes to the ordinance were made by the City Council. A copy of the ordinance
for second reading is attached to this report as Exhibit 1.
ZOA No. 2024-03: ADU Ordinance Amendments (Citywide) Second Reading
February 4, 2025
Page 2
4
8
1
9
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 ADUs in a single-family or multifamily residential zone by a city or county to
implement the provisions of Sections 66310, et seq. of the Government Code as set
forth in Section 21080.17 of the Public Resources Code. As a result, a Notice of
Exemption, Environmental Review No. 2024-96, will be filed upon adoption of this
ordinance.
FISCAL IMPACT
There is no direct fiscal impact associated with this action.
EXHIBIT
1. Ordinance for ZOA No. 2024-03
Submitted By: Minh Thai, Executive Director of the Planning and Building Agency
Approved By: Alvaro Nuñez, City Manager
Ordinance No. NS-XXX
Page 1 of 10
ORDINANCE NO. NS-XXX
AN 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 TO
BE IN COMPLIANCE WITH CHANGES TO STATE LAW
ENACTED UNDER SENATE BILL 1211 AND MAKE OTHER
MINOR CLARIFYING CHANGES
WHEREAS, in Government Code section 66310, 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 2024, the California Legislature approved, and the Governor signed
into law, Senate Bill 1211, which amended Government Code sections 66313, 66314,
and 66323; and
WHEREAS, the City of Santa Ana accordingly desires to amend and update its
local regulations governing the development of ADUs and JADUs to be consistent with
State ADU law as amended by SB 1211 in order to retain the ability to maintain local land
use control and implement its ADU ordinance to the fullest extent possible and to make
other minor clarifying changes to the City’s ordinance; and
WHEREAS, Zoning Ordinance Amendment No. 2024 -03 amends and adds
various sections of Chapter 41, including: Section 41-194 (Purpose), Section 41-194.1
(Definitions), Section 41-194.2 (Permitted Zones and Applicability), and Section 41-194.3
(Development Standards) and makes those other minor clarifying changes to the City’s
ordinance; and
WHEREAS, the regulations contained within Zoning Ordinance Amendment No.
2024-03 are consistent with the City’s adopted General Plan, specifically the following
goals and policies:
• Goal LU-1: Growing Responsibly. Provide a land use plan that improves
quality of life and respects our existing community.
o Policy LU-1.1 Compatible Uses. Foster compatibility between land uses to
enhance livability and promote healthy lifestyles.
o Policy LU-1.5 Diverse housing types. Incentivize quality infill residential
development that provides a diversity of housing types and accommodates
all income levels and age groups.
Ordinance No. NS-XXX
Page 2 of 10
• Goal LU-2: Land Use Needs. Provide a balance of land uses that meet Santa
Ana’s diverse needs.
o Policy LU-2.6 Encourage Investment. Promote rehabilitation of properties
and encourage increased levels of capital investment to create a safe and
attractive environment.
• Goal LU-3: Compatibility of Uses. Preserve and improve the character and
integrity of existing neighborhoods and districts.
o Policy LU-3.1 Community Benefits. Support new development which
provides a net community benefit and contributes to neighborhood
character and identity.
o Policy LU-3.4 Compatible Development. Ensure that the scale and
massing of new development is compatible and harmonious with the
surrounding built environment.
o Policy LU-3.7 Attractive Environment. Promote a clean, safe, and creative
environment for Santa Ana’s residents, workers, and visitors.
• Goal HE-1: Housing and Neighborhoods. Livable and affordable
neighborhoods with healthy and safe housing conditions, community services,
well-maintained infrastructure, and public facilities that inspire neighborhood
pride and ownership.
o Policy HE-1.7 Historic Preservation. Support preservation and
enhancement of residential structures, properties, street designs, lot
patterns, and other visible reminders of neighborhoods that are considered
local historic or cultural resources.
• Goal HE-2: Housing Supply and Diversity. Foster an inclusive community with
a diversity of quality housing, affordability levels, and living experiences that
accommodate Santa Ana’s residents and workforce of all household types,
income levels, and age groups.
o Policy HE-2.1 Citywide. Designate adequate land in the General Plan Land
Use Element and Zoning for the development of a ran ge of housing types
to meet the identified needs of all economic segments of the community
while providing a high quality of life for all residents.
o Policy HE-2.4 Rental Housing. Facilitate the construction of rental housing
for Santa Ana’s residents and workforce, with a commitment to provide
rental housing for extremely low-, very low-, and low-income residents as
well as moderate-income Santa Ana workers.
o Policy HE-2.5 Diverse Housing Types. Facilitate diverse types, prices, and
sizes of housing, including single-family homes, apartments, townhomes,
Ordinance No. NS-XXX
Page 3 of 10
duplexes, mixed/multiuse housing, transit-oriented housing,
multigenerational housing, accessory dwelling units, and live -work
opportunities.
o Policy HE-2.6 Housing Design. Require excellence in architectural design
through the use of materials and colors, building treatments, landscaping,
open space, parking, and environmentally sensitive (“green”) building and
design practices.
o Policy HE-2.8 Entitlement Process. Provide flexible development review
and entitlement processes that facilitate innovative and creative housing
solutions, offer a consistent approval process, and allow for appropriate
oversight.
o Policy HE-2.10 Overcrowding Conditions. Facilitate the development of
accessory dwelling units and additions and improvements to existing
homes to alleviate overcrowded housing conditions.
• Goal HP-1: Historic Areas and Resources. Preserve and enhance Santa Ana’s
historic areas and resources to maintain a unique sense of place.
o Policy HP-1.1 Architectural and Design Standards. Preserve unique
neighborhoods and structures in Santa Ana through implementation of the
Citywide Design Guidelines and historic preservation best practices.
• Goal UD-1: Physical Character. Improve the physical character and livability
of the City to promote a sense of place, positive community image, and quality
environment.
o Policy UD-1.1 Design Quality. Ensure all developments feature high quality
design, materials, finishes, and construction.
• Goal UD-2: Sustainable Environment. Improve the bu ilt environment through
sustainable development that is proportional and aesthetically related to its
setting.
o Policy UD-2.2 Compatibility and use with Setting. Employ buffers and other
urban design strategies to encourage the compatibility of new developm ent
with the scale, bulk, and pattern of existing development.
o Policy UD-2.4 Intentional Design. Encourage design and architecture on
private and public property that accentuate focal points, activity nodes, and
historic areas.
o Policy UD-2.5 Relation to Surroundings. Ensure new development exhibits
a functional, comfortable scale in relation to its neighborhood.
Ordinance No. NS-XXX
Page 4 of 10
o Policy UD-2.6 Preserve Neighborhood Character. Preserve the character
and uniqueness of existing districts and neighborhoods.
Zoning Ordinance Amendment No. 2024-03 supports and is consistent with these
General Plan goals and policies of the Land Use Element, Housing Element, Historic
Preservation Element, and Urban Design Element.
WHEREAS, on December 9, 2024, the Planning Commission held a duly-noticed
public hearing and considered the staff report, recommendations by staff, and public
testimony concerning Zoning Ordinance Amendment No. 2024 -03, and recommended
adoption of said Zoning Ordinance Amendment No. 2024-03 by the City Council; and
WHEREAS, on January 21, 2025, the City Council held a duly-noticed public
hearing and considered the staff report, recommendations by staff, and public testimony
concerning Zoning Ordinance Amendment No. 2024-03.
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 (Purpose) of Article II of Chapter 41 of the Santa Ana
Municipal Code is hereby amended to read as follows:
Sec. 41-194. Accessory Dwelling Units – Purpose.
The purpose of this section is to establish regulations for the development of
accessory dwelling units and junior accessory dwelling units as defined in this section
and in California Government Code sections 66310, et seq., or any successor statute.
Section 3. 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 66310, et. seq., as
amended from time to time.
Ordinance No. NS-XXX
Page 5 of 10
(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) “Existing uncovered parking space” means a parking area without a roof or other
structure that is designated for a specific building and that was legally
established and existing prior to the submittal of an ADU or JADU application.
(5) "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.
(6) “Livable space” means a space in a dwelling intended for human habitation,
including living, sleeping, eating, cooking, or sanitation.
(7) "Living area" means the interior habitable area of a dwelling u nit, including
basements and attics, but does not include a garage or any accessory structure.
(8) "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).
(9) "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.
(10) "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.
(11) "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 ac cess to, and common use of all
living, kitchen and bathroom areas.
(12) "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 4. 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:
Ordinance No. NS-XXX
Page 6 of 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) Lots 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) Lots developed with a multi-family building may convert existing square footage
within the building not used as livable space 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
lot.
(E) Lots developed with a multi-family building are, in addition to units permissible by
subsection (D), permitted to construct up to eight (8) detached ADUs; however, the
number of detached ADUs shall not exceed the number of existing units on the lot.
Those detached ADUs may be provided through conversion of existing detached
accessory buildings, garages, carports, covered parking structures, new
construction, or combination thereof.
(F) Lots proposed to be developed with a multi-family building are permitted to construct
up to two (2) detached ADUs.
(G) A maximum of one (1) JADU shall be permitted on a lot developed or proposed to be
developed with a single-family residence. 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.
(H) An ADU shall only be sold or otherwise conveyed separately from the primary
building on the lot 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 5. 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.
Ordinance No. NS-XXX
Page 7 of 10
The development standards in Table 41-194.3 shall be applicable to all ADUs and
JADUs. Additional provisions related to ADUs and JADUs 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
20 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
(G)
Minimum
Street Side
Setback
(Corner Lots)
4 ft. 4 ft. Same as
primary
building
(G)
Minimum Rear
Yard Setback
4 ft. 4 ft. Same as
primary
building
(G)
Maximum Lot
Coverage/Use
Intensity
Same as
zoning district
Same as
zoning district
Same as
zoning district
(H)
Open Space 1,200 sq. ft. 1,200 sq. ft. - (I)(J)
Separation
from Primary
Buildings
- 15 ft. - (K)
Separation
from
Accessory
Buildings
5 ft. 5 ft. Same as
primary
building
(K)
Minimum
Parking
1 space 1 space - (L)(M)
Tandem
Parking
Permitted Permitted Permitted
Design
Guidelines
Apply Apply Apply
Ordinance No. NS-XXX
Page 8 of 10
(A) Attached ADUs shall not exceed fifty (50) percent of the size of the habitable space
of the primary residence on the lot. 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 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 lot.
(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.
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 limits.
(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.
(G) 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.
(H) 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. 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.
(I) 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. 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.
(J) 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.
(K) 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. The conversion of an existing accessory structure or a
Ordinance No. NS-XXX
Page 9 of 10
portion of the existing primary residence to an ADU is not subject to separation
requirements.
(L) 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 residence 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.
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.
(M) When an existing garage, carport, covered parking structure, or uncovered
parking space is demolished in conjunction with the construction of an ADU, or
converted to an ADU, 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 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 66310, et seq. of the Government
Code, as further set forth in Section 21080.17 of the Public Resources Code.
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.
Section 8. This ordinance shall become effective thirty (30) days after its
adoption.
Ordinance No. NS-XXX
Page 10 of 10
Section 9. The City Clerk shall certify the adoption of this ordinance and shall
cause the same to be published as required by law.
ADOPTED this _______ day of ___________, 2025.
_________________________
Valerie Amezcua
Mayor
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By:_________________________
Melissa M. Crosthwaite
Senior Assistant City Attorney
AYES: Councilmembers ______________________________________
NOES: Councilmembers _______________________________________
ABSTAIN: Councilmembers _______________________________________
NOT PRESENT: Councilmembers _______________________________________
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, ______________, City Clerk, 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: ________________ ____________________________________
City Clerk
City of Santa Ana