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Home My WebLink About75A - PH ACCESSORY DWELLING UNITSREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MARCH 20, 2018 TITLE: PUBLIC HEARING — ZONING ORDINANCE AMENDMENT NO. 2017-04 TO AMEND PROVISIONS OF CHAPTER 41 OF THE SANTA ANA MUNICIPAL CODE RELATING TO ACCESSORY DWELLING UNITS — CITY OF SANTA ANA, APPLICANT (STRATEGIC PLAN NO. 5, 3) RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 1a Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Adopt an ordinance approving Zoning Ordinance Amendment No. 2017-04. PLANNING COMMISSION ACTION At its regular meeting on October 23, 2017, a vote of 5:0 (Nguyen and Mendoza absent), the Planning Commission recommended that the City Council adopt an ordinance approving Zoning Ordinance Amendment No. 2017-04 to amend certain sections of Chapter 41 of the Santa Ana Municipal Code (SAMC) regulating the establishment of accessory dwelling units. The Planning Commission recommended adoption of the proposed zoning ordinance amendment with no changes as outlined in the attached staff report (Exhibit A). Staff is proposing to amend certain sections of Chapter 41 of the SAMC to replace the City's second dwelling unit ordinance. Second dwelling units, also known as accessory dwelling units (ADUs), refer to a second home on a property with a preexisting primary home. Accessory dwelling units are seen by many as an important housing option, particularly in cities that have a shortage of housing. They offer a smaller, often more affordable option for renters, allow family members such as seniors or young people a convenient housing option, and offer important assistance for homeowners in paying their mortgage. The City's second dwelling unit ordinance, established in 2003, was superseded by changes made to state ADU laws' and is no longer enforceable. The proposed amendments would change the second dwelling unit ordinance to be in compliance with state law by repealing the City's 2003 second dwelling unit ordinance, incorporating new ' Assembly Bill 2299 and Senate Bill 1069 that took effect January 1, 2017, and Assembly Bill 494 and Senate Bill 229 that took effect January 1, 2016 75A-1 Zoning Ordinance Amendment No. 2017-04 — Amend Sections of Chapter 41 of the SAMC Relating to Accessory Dwelling Units March 20, 2018 Page 2 state provisions, and introducing new tailored ADU regulations that recognize the diversity of Santa Ana neighborhoods. DISCUSSION Staff presented the recommended changes, found in Exhibit A, to certain sections of Chapter 41 of the SAMC to replace the City's second dwelling unit ordinance to the City Council on November 7, 2017. At said meeting, staff was directed to prepare a study session related to accessory dwelling units. At the December 5, 2017, City Council meeting, staff delivered a presentation related the changes to state law that caused the City's previously existing ordinance to be unenforceable and were the catalyst for the update. In addition, staff discussed the community engagement efforts that led to the development of standards that were included in the draft. After discussing the development standards included in the draft, the City Council directed staff to analyze provisions in the draft ordinance related to open space deficient areas, setbacks and parking, and recommend amendments that would allow ADUs to be constructed citywide while limiting parking impacts and protecting neighborhood character. Subsequently, a second study session was held at the February 20, 2018 City Council meeting, where staff presented recommended changes to the previous draft ordinance. The following provides a brief summary of the key provisions of the recommended amendments: 1. Open Space Deficient Areas - Section 41-194.5(7) The City's obsolete second dwelling unit ordinance identified areas of the city that are "open space deficient." These are areas that are more than one-quarter mile from a pocket park (a park of less than five acres) and more than one-half mile from a neighborhood park (a park of more than five acres). Properties located in an open space deficient area did not qualify to construct an ADU. Recognizing the severity of the housing shortage and that the areas that were previously deemed "open space deficient' would greatly benefit from additional housing units, the proposed ordinance permits the construction of ADUs in all areas of the city provided 1,200 square feet of private open space is maintained on the property. Requiring private open space on lots with ADUs will maintain a more livable environment for residents and assuage the strain on limited parkland resources in the City. 2. Parking for ADUs - Sections 41-194.9, 41-194.10 The proposed ordinance would require one off-street parking space be provided for an ADU, unless the ADU has no bedrooms, in which case no parking space is required. To be compliant with state law (Section 65852.2(d) of the Government Code) parking for ADUs will not be required if they are within one-half mile of public transit (a bus stop with fixed route express bus service that provides transit service at 15 -minute intervals or better during peak commute periods), in an architecturally significant historic district, within one block of a car share vehicle, in an area where on -street parking permits are required but not offered to 75A-2 Zoning Ordinance Amendment No. 2017-04 — Amend Sections of Chapter 41 of the SAMC Relating to Accessory Dwelling Units March 20, 2018 Page 3 occupants of a second dwelling unit, or if second dwelling unit involves the conversion of a portion of the existing primary residence or an accessory structure. Modifications to sections 41-194.9 and 41-194.10 of the proposed ordinance reviewed by the Planning Commission have been made to comply with Senate Bill 229 and Assembly Bill 494, which took effect January 1, 2018. 3. Setbacks and Site Planning - Sections 41-194.6(1), 41-194.6(3), 41-194.6(4), and 41- 194.7(1) The location of buildings on an individual parcel greatly influences the ability to develop an ADU and how it impacts neighboring properties. Zoning district standards and general provisions of the Zoning Code contain a set of development standards that determine how far back buildings must be set from property lines (called setbacks or yards), how far they must be distanced from each other, as well as several specific location requirements. These zoning standards will continue to be applicable to an ADU's location. However, a rear yard setback of 10 feet will be required for detached ADUs instead of the 20 feet required for primary buildings. The reduced setback for ADUs will allow flexibility in site planning and spatial relationships between buildings to be maintained. Design standards will also be applicable to ensure that privacy of neighboring properties and neighborhood character are maintained. Public outreach and notification of the proposed changes to the ordinance was conducted in various manners. Staff held a community meeting with community groups and neighborhood association members from various districts throughout the city in November 2016. Staff also met with Community Linkage Forum (ComLink) in August and September 2017 to discuss the proposed amendments. Further, staff communicated the proposed changes via phone to various members of the community and held a meeting with housing advocacy groups to discuss the proposed changes. Generally, community members expressed concerns regarding ADUs being constructed in areas of the city that lack open space (parks), on -street parking being further impacted by ADUs, and the impact that these units might have on the unique character of Santa Ana neighborhoods. Community comments from these meetings were incorporated into the proposed amendments. Ultimately, with one exception, members of the public at the October 23, 2017 Planning Commission meeting voiced their support for the proposed ordinance. Moreover, members of the public were informed of the two study sessions regarding the ordinance and generally expressed support for the staff recommended changes. STRATEGIC PLAN ALIGNMENT Approval of these items supports the City's efforts to meet Goal #5 - Community Health, Livability, Engagement & Sustainability, Objective #3 (facilitate diverse housing opportunities and support efforts to preserve and improve the livability of Santa Ana neighborhoods). 75A-3 75A-4 Zoning Ordinance Amendment No. 2017-04 — Amend Sections of Chapter 41 of the SAMC Relating to Accessory Dwelling Units March 20, 2018 Page 4 FISCAL IMPACT There is no fiscal impact associated with this action. Candida Neal, AICP Acting Executive Director Planning & Building Agency RS:rb SARFCA\03-20-181Z0A17-04 ADU\PBA ZOA17-04 Accessory Dwelling Units 3,20.18.doc Exhibit: A. Planning Commission Staff Report B. Ordinance C. Correspondence 75A-5 75A-6 REQUESTFOR Planning Commission Action PLANNING COMMISSION MEETING DATE: OCTOBER 23, 2017 TITLE: PUBLIC HEARING — FILED BY THE CITY OF SANTA ANA FOR ZONING ORDINANCE AMENDMENT NO. 20117-04 TO AMEND PROVISIONS OF CHAPTER 41 OF THE SANTA ANA MUNICIPAL CODE RELATING TO ACCESSORY DWELLING UNITS (STRATEGIC PLAN NO. 5, 3) Prepared by Ricardo,Soto PLANNING COMMISSION SECRETARY APPROVED ❑ As Recommended Cl As Amended ❑ Set Public Hearing For DENIED ❑ Applicant's Request LI Staff Rep"mend'ati6n :CONTINUED TO Acting Executive Director Acting Planni g Mana r RECOMMENDED ACTION Recommend that the City Council adopt an ordinance approving Zoning Ordinance Amendment No. 2017-04 to revise Chapter 41 (Zoning) of the Santa'Aha Municipal Code (SAMC). Request of the Applicant The City of Santa Ana is requesting amendments to Chapter 41 of the SAMC, which will include Section 41-150.5 (Definitions), Section 41-194 (Second dwelling unit - Standards), and Section 41- 236 (R1, — Single Family Residence). Prosect Description The proposed amendments to Chapter 41 of the SAMC would replace the City's second unit ordinance, established in 2003, with a new accessory dwelling unit (ADU) ordinance (Exhibit -1). The ordinance will incorporate new provisions of the state ADU law (AB 2299 and SB 1069) that took effect January 1, 2017, and introduce new provisions to regulate the size and location of ADUs in Santa Ana while taking into account the unique characteristics of the city. Background Second dwelling units, also known as ADUs, refer to a second home on a property with a preexisting primary home. Accessory dwelling units are seen by many as an important housing option, particularly in cities that have a shortage of housing. They offer a smaller, often more affordable option for renters, allow family members such as seniors or young people a,convenient housing option, and offer important assistance for homeowners in paying their mortgage. However, many existing homeowners express concerns about the impacts of ADUs on privacy, traffic, parking, and neighborhood character. EXHIBIT A 75A-7 Zoning Ordinance Amendment No. 2017-04 October 23, 2017 Page 2 In 2003, the California State Legislature enacted AB1866, which took effect on July 1, 2003. The so- called "Granny Flat" bill instructed local govemments to Include provisions that encourage the addition of accessory dwelling units in their municipal codes and to remove unreasonable restrictions on constructing such units by making them. ministerial in nature. The bill had broad support from a variety of constituents and sources and has been lauded as a" means of improving affordable housing stock throughout California. In response to AB1866, the City Council adopted Ordinance No. NS - 2629, amending the Santa Ana Municipal Code .(SAMC), regarding second dwelling units in accordance.with the changes made at the state level. The.ordinarice allowed forseconddwelling units to be constructed in residential zoning districts pn?vlded development standards-,. such as parking, lot coverage, setbacks, and unit size'were met. While state legislators and proponents. of the Granny Flat. bill had anticipated'an influx of second dwelling units to help alleviate the shortage of affordable housing in the state, :individuals trying to construct these units often faced what legislators perceived as prohibitive local regulations that discouraged their construction. To ease and streamline theperceived_prohibitive local regulations, state legislators approved Senate Bill 1069 (SB1069) and Assembly Bili 2299 (AB2299) to amend Section 65852.2 of the Government Code relating to second `dwelling units, or ADUs (Exhibit 2). The amendments are Intended to further reduce the barriers to constructing these units, to help combat the complex housing shortage problem, and to increase, the number of affordable housing units while preserving the character of residential neighborhoods._ The amendments took effect January 1, 2017, and due to several sections of the City's previously existing second dwelling unit ordinance conflicting with,SB1069 and A132299, Santa Ana's local ordinance Was superseded by state law and is no longer enforceable. The proposed ordinance would 'change ;the, City's second dwelling unit :ordinance to be in compliance with state law by repealing the City's 2003 second dwelling unit ordinance (Section 41" 194 of the SAMC), incorporating the new state provisions, :and introducing new tailored ADU regulations that recognize the'diversity of Santa Ana neighborhoods. New State Accessory Dwelling Unit Law The new state ADU law (effective January 1', 2017) preempts a local jurisdiction's ability to regulate aspects of ADU location and development. Local ordinances must adhere to the following standards: • Approvals must be "by right" or ministerial in nature. • No passageway (unobstructed pathway extending from a street to one entrance of the accessory dwelling unit) shall be required in conjunction with the construction of a ADU. • No setbacks shall be required for an existing garage that is converted to an ADU 75A-8 Zoning Ordinance Amendment No. 2017-04 October 23, 2017 Page 3 Existing accessory structures, when converted to an ADU, are permitted without additional restrictions provided the structure has independent exterior access and side and rear setbacks sufficient for fire safety. • Parking standards are limited to no more than one space per ADU or bedroom, with required parking permitted to be a tandem space In an existing driveway. Parking standards for new ADUs are reduced to zero spaces under certain circumstances (within ''/z mile of public transportation, located in an historic district, is part of an existing primary residence, or if a car -share vehicle Is located within one block). • When a garage, carport or covered parking stricture is demolished in conjunction with the construction of an ADU, the replacement parking spaces may be located in any configuration on the same lot as the ADU, including, but not limited to, covered spaces, uncovered spaces, or tandem spaces, or by the use of mechanical automobile parking lifts. Key Issues Open Space Deficient Areas The previously existing second dwelling unit ordinance identified areas of the city that are 'open space deficient." These are areas that are more than one-quarter mile from a pocket park (a park of less than five acres) and more than one-half mile from a neighborhood park (a park of more than five acres). Properties located within the identified areas did notqualify to construct an ADU. While a vast majority of the city that was considered open space'defiicient was within commercial and industrial areas, there were pockets of residentially zoned properties which met the open space deficient criteria. Since the adoption of the previous ordinance, there have been new public park spaces constructed. However, the City remains well below the. goal set forth in the Land Use Element of the General Plan of two acres of parkland per 1,000 residents, which is a relatively conservative standard when compared to the National Parks and Recreation Association recommendation of 2.5 to 5 acres of parkland for every 1,000 residents. The proposed ordinance will prohibit the construction of ADUs in open space deficient areas using the same criteria that were previously applied as to not place further strain on the limited parkland resources dhat are in close proximity to these areas (Exhibit 3). For unique circumstances where lack of open space can be mitigated, a minor exception may be applied for and the request analyzed. Parking for ADUs Parking has been a topic of concern, especially from community members that live In neighborhoods with limited available on -street parking. The proposed ordinance would require that at minimum one off-street parking space be provided for a studio or one -bedroom ADU, and an additional parking 75A-9 Zoning Ordinance Amendment No. 2017-04 October 23, 2017 Page 4 space be provided for each bedroom in excess of one. To be compliant with state law (Section 65852.2(d) of the Government Code) parking for ADUs will not be required if they are within one-half mile of public transit (Exhibit 4), in an architecturally significant historic district, within one block of a car share vehicle, In an area where on -street parking permits are required but not offered to the occupant of the second dwelling unit, or if second dwelling unit involves the conversion of a portion of the existing primary residence or an accessory structure. As such, the proposed ordinance includes an exception for those units that qualify for a state mandated parking exception. Regulating Size and Scale of ADUs The size and -scale of ADUs is also a source of community concern. An out of scale ADU could negatively affect neighborhood character and the privacy of neighbors. State, law permits local jurisdictions to regulate the maximum size of newly constructed ADUs as long as they permit at least the minimum permitted by Building Code and do not permit units larger than 1,200 square feet. The proposed ordinance recognizes that size is often contextual. What is considered large in one area may be small in another. As such, the proposed ordinance regulates size and scale of ADUs by requiring that the ADU be no more than 50 percent of the total floor area of the primary home, excluding garages, up to a maximum of 750 square feet. As such, an ADU will always be smaller than the primary home unless the primary home is very small (less than 300 square feet). By adopting this standard, the proposed ordinance would ensure that size and scale of ADUs is regulated in a manner that is tailored, to the unique characteristics of individual residential neighborhoods. Reoulatin4 the Location of ADUs on a Lot The location of buildings on an individual parcel greatly influences the ability to develop an ADU and how it impacts neighboring properties. Zoning district standards and general provisions of the Zoning Code contain a set of development standards that determine how far back buildings must be set from property lines (called setbacks or yards), how far they must be distanced from each other, as well as several specific location requirements. These zoning standards will continue to be applicable to an ADU's location. These provisions also require a minimum 15 -foot separation between a detached ADU and primary home. The draft ordinance goes further and prevents a detached ADU from being located between the primary residence and the street adjoining the front yard, to maintain the appropriate relationship between accessory and primary structures on a lot. However, AB 2299 reduces allowable setback provisions across the state in the following cases: when existing garage buildings are converted (zero feet), and when any other existing square footage is converted to an ADU (as necessary to protect life -safety), 75A-10 Zoning Ordinance Amendment No. 2017-04 October 23, 2017 Page 5 Public Notification The proposed amendments are citywide and the project site is not located within the boundaries of one single neighborhood association. Public. outreach. and notification of the proposed changes to the ordinance was conducted in various manners. Staff held a community meeting with community groups and neighborhood association members from various districts throughout the city in November 2016. Staff also met with -Community Linkage Forum'(Coml-ink) in August and September201746 discuss the proposed amendments. Further, staff communicated the proposed changes via phone to various members of the community and held a meeting with housing advocacy groups to discuss the, proposed changes. Comments from these meetings will be summarized and presented to the Planning Commission at the scheduled public hearing. In addition, a notice was published in the Orange County Reporter. At the time of this printing, electronic correspondence pertaining to `the proposed changes has been received from various members of the public and is included with this staff report (Exhibit 5). CEQA Compliance In accordance with the California Environmental Quality Act (CECIA),'the recommended action is exempt from CEQA per Section 15282(h) of the CEQA Guidelines. This exemption applies to the adoption of an ordinance regarding second units to implement the provisions of Sections 65852:1 and 65852.2 of the Government Code. Statutory Exemption No. ER 2017-129 will be filed forthis project, Strategic Plan Alignment Approval of these items 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). Conclusion The proposed action would amend several sections of the Santa Ana Municipal Code. Based on the analysis provided within this report, staff recommends that the Planning Commission recommend that the City Council approve Zoning Ordinance Amendment No. 2017-04. Ricardo Soto Associate Planner RS:jm S7PGZ01700-23C712UA17-04 Accessary DAiAing Urf, a.pc 75A-11 Zoning Ordinance Amendment No. 2017-04 October 23, 2017 Page 6 Exhibits 1. Proposed Amendments to Chapter 41 2. SB 1069 and AB 2299 3. Park Deficient Areas 4. Transit Proximity Map 5. Correspondence 75A-12 ZONING; ORDINANCE AMENDMENT NO. 2017-04 PROPOSED MODIFICATIONS Strike -out is deletion Underline is addition Definitions Sec. 41-150.5. - Seeend Accessory dwelling units. An seeand accessory dwelling unit is an attached or a detached residential dwelling unit which provides complete independent living facilities for one .or mote persons and includes permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family dwelling is situated. It shall have the same meaning as "seeontl-accessory unit," as that teml is defined in California Government Code section 654842.2(i)(4), as it hilly be amended from time to time. Use Distriets - General Provisions See-1-194--See-eltd d. ^1, 44i --units cels b ' space .....1,..t the existing ti......rovlded-the-following-Irtlfttstela.al), applied ,.i.,.;.1.....1........ et: (a)—Ne--seeond-dwells unit A.11 be ..e:...::....,7 a fiafty dtl.'iotaiet as cletieieut-irrl�ul�lie epen3paee ns shown-on-the-ntap-cntiiled�Areas „rn.,..., rpfle.. council-. (b)The—second—dwelling eet-, The hundred lifty (750) square #eet or thirty-(30)-per-eet , w4iieltev& is firs. p" vided, "....�eveF that the seeend dtvellin� ttltit-shad-ili-all-eases be p..fmit'"fl is `•. -. -.:-:•., m of three hundred -(300) squat v feet ( )— r.:,e., :z—=. �ltis�ltapter, shall -trot d Titt�lt�t--ct>varat=bc�-fe� n......,_.,..1_ its that leen, I-- fle ,.--d thle p.............n ......peeir ti-the-ttnderlying;zoniug-disn-ict. (e) The-size-and-loeatiotreel-te-be reduced "vo4tundtvd-(1 00) -square -feet -of -usable; eantintiou-tten-€ro"zarti-open-space-oscluding-d riveways awl p r4ing iffeas. AH5 open -space tvitlt-a tninimuttt dit{renes tall-1te I EXHIBIT 1 75A-13 (1) The lint-yard-setbaek-sllall-b not -less -than -twenty -p_0)1 feet wfn the street. •,".^ ^ ...._. ink! ...........1. _, dwell: unmis, ;•Mall eof"ply-wi(h he-provisien"Pseetions (aE} The-rear-yard-shall-be-a-minimum-o€telt-(19)f'eeF (j)---44ie (1) pa..,.:.....-^aee ^..,..,ided per- ..,d.00m ori, see, ^d dwelling-unit-wilt-a-nlnintunt-on-one-(I)-parkihtg-space . elid dwelling unit. tom-primary-dwollingatnit-iFt-tho-tmderlying zottingdisfrieE (1) The e, .,.��,-,,.nier„-a.,n--«.,r-e of the raoP eNie,,.,.-%ya..s n enestration-c>f-a r.,, No utladWd ..eeond dwelling ,..+hall-have,tn-outsideAeor-onthe-pr{mary dwellingele,vaiian ef the primary ' (o) �Pie ,;eendw.,^ e' n4-shall-not4tc-a-trailer-coach; reereatie home, its !hose iemis fire dekud in siate !HA.. (h` 'r,�w,e�econd-dweNind In1f is-lo-he-collsttticfed olltrpareet is^^'0a�,, .,n the c.;a.,. , tateor- ,.,., a list „r..:,.^:r,.,..^, , istoiio resoareecthe- l'E{hnd-dwellhig-unit-Shall-llot "lac^., or cons.. -sets., SO HS tO _,..-..lt iH ,.....,di float:,.,. „r the exist %-4iMode 75A-14 (y) Th"wner , ownem „r th 1 ;a,..0 1:1 .,.:1> l,e-plt}aping manager -a recorded eavellaiiiin a rofm .,.1 by !b .:.. attoffley affin"ing and ,gg8tttiHg-�1taE eithe.. the pfifflaE5, dwelling anit or the ....,.ead dwelling „R;I shall be o neF emipie& `,r\ The ,..,..and dwelling unit ..1,.,11 ....,,6win i., Wie ..._„livable ac-sigtt.tandarde eatitained in the urban design elemnent of the eity's gefiefal plan. unit-weuld-create-n-nott-eonfot•tnity-to-tFtiseHn{>ter: The p1miHir'g--Funafil- ao-eff Aalnprepare wfitien p ia6evldFesl:• nletiEation-,cit tl.:......TTsco-ocetiei'c,iiriCti'1n•••• :••••L..l .. ...... d...•H......,1 F ..,,...r ...1 ...:.....,d .1......;.....• Ne ei5afl-er-pet30ns-owning-lin}-pareel-ettie a end ;i4eelli.. Onit has 1..,en constnicted-pursuanTA t-to-section4i- -Aiial4annit-any-person-to-occup"tielt se F -1-11--d {he ftiliO ..n9 co".U. (1) All development of thb site must be in aeemihfflee wiIh Oie philis ang drawings appm,ed-pursuant-to-sectioit41-49 -. have on file with tlie-planning,and- iu:lditi ....:. ftey it _:...;._, ed;..., c,..,,. approved-by-tho-eity attorney demonstrating-coiitpliance wtiil�itisrtiRt:i�ttmt: Qu�r�r�xr=unelee� �nee�lm+rnr. From -time -to -time, tlto-city-council-shall-by-ordinance-or-tesoluti y eft establish. appfep appt 1 .., I r,.,.. Ibr persons .,.,,.;ng approval ogpl. ttsand-draNdiiigs-for-a-seeond dwelling tknit. Such kaes AF -11 not eveeed the reasonable e6st of b stiob an approval -or appeal See.,u ,—rr 194.3. eee..., .,....,,r.... ;L. �.....:,....r_,....:.,o �oiting adFninistrator deeisit� Any -person -aggrieved -by -•a -determination -of -the -planning -manager- e disapprovplans and drawing, ,...bmit(ed p.:.... ,..I to eefi..,_ 41 194 may r.,. an . pp fi jon-fora-minoFCXCeption zoningy4iieh shall be heard by the application-ntay-inetude-a-request-to-vary-from-tlie-standards o€-seetien 41 194. The .1:,eisi,.n a the aonutgadimttttstrater-ot"uch application or n.- ^pplivalio n-oC41 08 -may -be -appealed -to -the 75A-15 Sec. 41- 194. - Purpose. The putrosc of this section is to provide reasonable reeulations for (lie development of accessory dwelling units on residentially zoned properties on lots developed or proposed to be developed with single-family residential dwellings Such regulations are intended to mitigate potential dwelling units in residential areas, including California Government Code section 65852.2. See. 41-194.1 - Definitions. As used in tliis Section, the following wonls terms or phrases have the following meanings: (1) "Attached accessory dwelling unit" means a 'residential dwelling .unit that is Safety Code section 17958.1. (2) "Detached accessory dwelling unit' means a residential dwelling unit that is more persons. A detached accessory dwelling unit also includes an efficiency unit, as defined in California Health and Safety Code section 17958.1 and a manufactured home, as defined in section 18007. (3) ordinance. (4) (5) "Living tired' is defined as the interior habitable arra of a dwelling unit but not including n garage or any accessory structure. (6) "Primary dwelling" means an esistimg single-family residential structure on a single parcel with provisions for living, sleeping„ eating. a single kitchen for cooking, and sanitation facilities occupied and intended for one household See. 41-194.2 - Amnlicabili(y. (1) The development and design standards in this section shall be applicable to all accessory dwelling units, (2) The Director of the Planning and Building Agcncy. or his `her designee, shall review and approve, or deify ministerial permits for accessory dwelling 4 75A-16 conforming to the time limits specified by Government Code Section 65852.2 or successor provision. Sec. 41-194.3 - Non -conforming Status. (1) Accessory dwelling units may be permitted on parcels which are non-conforint to this chanter, with exception of minimum lot sire, provided they dd not create anv new non -conformances. (2) A parcel shall comply with the current parking standards ofthis chanter prior to or concurrent with the establishment of an accessory dwelling unit.. Sec. 41-194.4 - Perntitied Zones. Accessory dwelling units are Permitted in fltcRI. R2, R3, R4, CR, A I, or RE zoning districts, or on a parcel within my Specilic Plan or Specilie Development, zoning district in which residential uses are pemiitted, map entitled "Areas of Open Space Deficiency" on file with the clerk of the council. Sec. 41-194.6 - Use Restrictions. (1) An accessory dwelling unit may be developed on a lot that either: (a) Contains one legally established single-lamilyresidence, or (b) Will have one new detached single-family residence pemtitted concurrently with the accessory dwelling unit. (2) Only one accessory dwelling unit may be located on the lot. (3) The accessory dwelling unit shall not be sold separately from the primary dwelling. (4) The accessory dwelling unit sliall not be rented for periods of less tlian 30 days. (5) Theprimary dwelling unit or the accessoly dwelling unit shall be continuously occupied by at Icast one person having in ownership interest in the list. (1) Minimum Lot Arca. A minimrim lot area of six thousand (6,000) square feet shall be required in order to establish an nccessory dwelling unit. (2) 75A-17 the size of the living area of the primary dwelling unit on the parcel, whichever is less. (3) Minimum Sire. The accessory dwellina unit shall contain no less than the 220 square feet of living area the City requires for ari ellieiency dwelling unit as defined in Section 17958.1 of the Health Sc Safetv Code. (4) Lot Coverage. The lot coverage for the parcel, as that teen is defined in this chapter, shall not exceed the percentage specified in the underlying zoning district. (5) (G) (7) dwelling unit shall not be placed or constructed so as to result in a modification of the existing historic resource on the parcel unless alterations to the existing primary dwelling unit conform to the United States Secretary of Interior's otiicial Standards forTreatmcnt of Historic Properties. (8) Passageway. No passageway shall be recluirect in conjunction with the constniction of an accessory dwelling unit. For the purpose of this section, "nassagcw'ay" shall mean a nathway that is unobstructed clear to the sky and extends from a street to one entrance of the aemsory dwclliita unit. Sec. 41.194.8 - Development Standards — Detached Accessory Dwelling Units. Detached accessory dwelling uiiits shall comply with all provisions in Sec. 41-194.7, in addition to the hollowing: (1) the top of the structure. (2) :Separation. There shall be a minimum of fifteen ( 15) feet separation between the primary dwelling unit and a detached accessory dwellinp. unit and a minimum of five (5) feet behyeen a detached accessory dwelling unit and an accessory building. Separation shall be measured from the exterior wall of the primary dwelling ttnil to the nearest wall of the accessory dwelling unit or attached stricture. 75A-18 (3) Site Planning. A detached accessory dwelling unit shall be located behind the rear huildin,, line of the primary dwelling and he clearly subordinate_ by location and size. Sec. 41-194.9 - Development Standards — Attached Accessory Dwelling Units. Attached accessory dwelling units shall comply with all provision in Sec. 41-194.7, in addition to the following: zoning district. (2) Exterior Stairs. An attached accemmy dwelling unit shall have no exterior stairs. (3) from the street. rcq_uirements., (2) Maximum Size. Is a maximum of seven hubdred fitly (750) square feel of living (3) Health & Safety Code; (4) Setbacks. The side and rear setbacks comply with building code provisions related -to fire safety; (5) Independent Access. Has independent exterior access from the. existing (6) 75A-19 subsection shall not apply to accessory dwelling units thatgualifv for a parking exception listed in subsection 41-194.12. (1) One (1) narkinc pace per bedroom. A minimum of one (1) narking space shall be provided for the accessory dwelling unit. (2) When a garage is demolished in coniunction with the construction of an accessory spaces, uncovered spaces. tandem spaces, or by the use of mechanical automobile Parking lifts. Sec. 41-194.12 - Parking Exceptions. No off-street parking shall be required for an accessory dwelling unit in any of the following circumstances: (1) during peak commute periods. (2) The accessory dwelling unit is located within an historic district. (3) The accessory dwelling unit is nart'ol'the existing tirimary dwelling or an existin accessory structure. (4) When on -street parking permits are required but not offered to the occupant of the accessory dwelling unit. (5) When there is a car share vehicle located within one block of the accessory dwelling unit, For the poses of this section, "car -share vehicle" shall mean part of an established nroaraitu intended to stav in a fixed location for at least 10 vears and available to the public. Sec. 41-194.13 - Restrictive Covenant. Prior to issuance of a building permit for -an accessory dwelling unit, a covenant consenting that either the priniary dwelling unit ar the accessory dwelling unit shall be owner -occupied shall be recorded against the title of the property in the County Recorder's office and a copy filed with the Planning Division. Said covenant shall nm (1) The accessory dwelling unit shall not be sold separately from the printer dwelling. (2) The unit is restricted to the approval size and attributes of this chapter. 75A-20 (3) The covenant restrictions run with the land and may be enforced against finurc purchaser. (4) The covenant restrictions may be removed if the owner eliminates the accessory dwelling unit. (5) the property owner to comply with' the covenant restrictions may result in Icgal action against the property owner and the City shall be authorized to obtain any Sec. 41-194.14 - Appeals of planning manager or zoning administrator decision. Am• person administrator on suen ayolteation may he appealed to the planning commission pursuant to said Article V. Sec. 41-194.15 - Applicability to other regulations. The provisions of this article are not intended to provide exclusive regulation of accecsory dwelling units. Such uses must comply and the provisions of other articles of chapier_41 of this Code. the provisions of this article shall prevail. Use Districts — Regulations Specifically Sec. 41-236. - Rear yards in the R1 district. There shall be a rear yard setback of not less than twenty (20) feet. T4+is-i,• upplyto legal seeeud-dwelling-units: 75A-21 A j LEGISLATIVE 1NPORAdATION Home Bill Information Calilornla Law Publications Oiher Resources My Subscriptions My Favorites SHARETHIS: ® `J A13-2299 Land use: housing: 2nd units. r2oi5•ioib) Assemble hill No. 2299 CHAPTER 735 An act to amend Section 65852.2 of the Government Code, relating to land use. [ Approved by Governor September 27, 2016."Filed with Secretary of'State September 27, 2016, 1 LEGISLATIVE COUNSEL'S D[GFST AS 2299, Bloom. Land use: housing: 2nd units. The Planning and Zoning Law authorizes the legislative body of a city or county to regulate, among other thlnas, the Intensity of land use, and also authorizes a local agency to provide by ordinance for the creation of 2nd units in single-family and multifamily residential. zones, as specified. Existing law authorizes the ordinance to designate areas within the jurisdiction of the local agency where 2nd units may be permitted, to impose specified standards on 2nd units, and to provide that 2nd units do not exceed allowable density and are a residential use, as specified. This hill would replace the term "second unit" .with "accessory dwelling unit." The bill would, instead; require the, ordinance to include the elements described above and would also require the ordinance to require accessory dwelling units to comply with specified conditions, This bill would require ministerial, nondlscretionary approval of an accessory dwelling .unit under an existing ordinance. The bill would also specify Lhat a local agency may reduce or eliminate parking requlrements for any accessory dwelling unit located within its jurisdiction. Existing lar requires that parking requirements for 2nd units not exceed one parking space per unit or per bedroom. Under existing law, additional parking may be required provided that a finding is made that the additional parking requirements are directly related to the use of the 2nd unit and are consistent with existing neighborhood standards applicable to residential dwellings. This bill would delete the above-described authorization for additional parking requirements. By increasing the dudes of local officials with respect to land use regulations, lids bill would Impose a state - mandated local program. This bill would Incorporate additional changes In Section 65852.2 of the Government Code proposed by SB 1069 that would become.operatiye only if 5B 1069 and this bill are both chaptered and become effective on or before January 1, 2017, and this bill is chaptered last. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisiolis establish procedures for making that reimbursement. This bill would provide thaL no reimbursement is required by this act for a specified reason. Vote; majority appropriation: no fiscal Committee: yes Local Program; yes EXHIBIT 75A-22 THE PEOPLE OF THE STATE OF CALiFORNTA DO ENACT AS FOLLOWS: SECTION 1. Section 65852.2 of the Government Code Is amended to read: 65852.2. (a) (1) A local agency may, by ordinance, provide for the creation of accessory dwelling units in single- family and multifamily residential zone's. The ordinance shall do all of the following: (A) Designate areas within the jurisdiction of the local agency where accessory dwelling units may be permitted. The designation of areas may be based on criteria, that may include, but are not limited to,'the adequacy of water and sewer services and.the impact of accessory dwelling units on traffic flow and public safety. (B) Impose. standards on accessory dwelling units that include, but are not limited to, parking,, height, setback, lot coverage, landscape, architectural review, maximum size of a unit, and standards that prevent adverse Impacts on -any real property that is listed in the California Register of Historic Places. (C) Notwlthstanding subparagraph "(6), a local'agency may [educe or eliminate parking requirements for any accessory dwelling unit located within Its jurisdiction,. (0) Provide; that accessory dwelling units do 'not exceed ,the. adlowaple density for the lot upon ;which the accessory' dwelling unit tsil cated, and that accessory dwelling units are a residential use that is consistent with the existing general plan.and.zoning desfgnationforthe lot, (Ep Require the"accessory; dwelling units to comply with all'of the foflowlni : (f) The.unit is not intended for sale separate from.fhe-primary residence and•may be rented; (R) The let is Toned for single-farrilly or multifamlly use; (fii),The-accessory dwelling unit is either attached to the existing dwelling or located within the living area of tile existing dwelling or detached from the existing dwelling and located on the same lot as the'existing.dwelling. (iv) The increased floor area of an attached accessory dwelling unit shall not- exceed 50.percent of the.existing living area. {v) The total area of floorspace for a detached accessory dwelling unit•shall not exceed 1,200,square feet. (vi) No passageway shall be required in conjurctiun with the constructionof an accessory dwelling unit. (vip Nq setback shall be required for an existing garage that is coriverled to a accessory, dwelling unit, and a setback of no. more than five feet from the side and rear lot lines shall he. required for an acciissoty'dwe8ing unit. that is constructed above a,garage; (viii) Local tiuiiding'coderequirements that applyto'detached dwellings, as appropriate. (ix) Approval by'the local health officer where a private sevrage disposal system is being used, If required. (x) (f) Parking requirements. for accessory dwelling units shall not exceed one parking space per unit or per bedroom. These spaces may, be provided as tandem parking on,anexisting driveway. (IT). Offstrectparking•shall be permitted insetliack areas in locations determined by the local agency or through tandem parking, unless specific findings are made that parking in "setback areas or tandem ;parking is not feasibletbaseid upon specific site or regional topographical or fire and life safety conditions; or that itis not permitted anywhere else In the jurisdiction.. (xi) When a garage, carport, or covered parking structure is demolished in corijuoction with the'constrvctlon oF, an accessory dwelling unit, and toe local agency requires that those�offstreei parking spaces tie replaced, the replacement spaces may be located in any configuration on the same lot as the accessory dwelling unit,, Including, but not limited to, as covered spaces, uncovered spaces, or tandem spaces, or by the use of mechanical automobile parkin"lifts: (2) the ordinance shall not he considered in the., application of any local ordinance, policy; or program to limit Fail dential growth. (3) when a local agency receives its first application on or after July 1, 2003, for a" permitpursuant to this subdivision, the application shall be considered ministerially without discretionary review or a hearing, 75A-23 no.rrithstanding Section 65901 or 65906 or any local ordinance regulating the issuance of variances Pr special use permits, within 120 days after receiving the. application. A local agency may charge a fee to reimburse it for costs that It incurs as a result of amendments to this paragraph enacted during the 2001-02 Regular Session of the Legislature, Including the costs of adopting or amending any ordinance that provides for the creation of accessory dwelling units. (4) Any existing ordinance governing the creation of accessory dwelling units by a local agency or any such ordinance adopted by a local agency subsequent to the effective date of the act adding this paragraph shall provide an approval process that includes only ministerial provisions for the approval of accessory dwelling units and shall not include any discretionary processes, provisions, or requirements for those units except as otherwise, provided In this subdivision. in the event that a local agency has an existing accessory dwelling unit ordinance that falls to meet the requirements of this subdivision, that. ordinance shall be null and void upon the effective date of the act adding this paragraph and that agendy shall thereafter apply the standards established in this subdivision for the approval of accessory dwelling units, unless and until the agency adopts an ordinance that complies with this section. (5) No other local ordinance, policy, or regulation shall be the basis for the.donial of a. building permit or a use permit underthis, subdivision. (6) This subdivision establishes the maximum standards that local' agencies shall use to evaluate proposed accessory dwelling units on lots zoned for residential use that contain an existing single-family dwelling. No additl6 ial standards, ather .than those provided In this subdivision, shall be utilized or Imposed, except that a local agency may require an applicant for a permit Issued pursuant to this subdivision to, be an, owner -occupant. (7) A local agency may amend Its zoning ordinance or general plan to incorporate the policies, procedures, or, other provisions applicable to the creation of accessory dwelling_ units If these provisions are consistent with the limitations of this subdivision. (8) An accessory dwelling unit that conforms to this subdivision shall be deemed to be accessory use or an accessory building and shall not be considered to exceed the allowable density for the lot upon which It is located, and shall be deemed to be a residential use that is consistent with the existing general plan and zoning designations for the lot. The accessory dwelling units shall not be considered In the application of any local ordinance, policy, or program to limit residential growth. (b) When a local agency that has not adopted an ordinance governing accessory dwelling units in accordance with subdivision (a) receives Its first application on at, after July 1, 1983, for a permit .pursuant to this subdivision, the focal agency shall .accept the application and approver or disapprove the application ministerially without discretionary review pursuant "to subdivision (a) aA!.Nn 120,days after receiving the. applicaLio i. (c) A local agency may establish minimum and maximum unit size requirements for both attached and detached accessory dwelling, units. No minimum or maximum size for ar accessory 'dwelling unit, or size based upon.a. percentage of the existing diwalling, shall be.ostablished by ordinance (or,elLher attached or detached dwellings that does not permit. at least an efficiency unit zto he constructed in 'compliance with local development standards. {d) fees charged for the construction of accessory dwelling units shall be. determined In accordance with Chapter 5 (commencing with Sectiori 66000). (e) This section does not limit the authority of local .agencies to adopt'less 'restrictive requirements for the. creation or accessory dwelling units, provided those requirements comply With subdivision (a). (f) Local agencies shall submit a copy of the ordinances. adopted pursuant to subdivision (a) to the Department of Housing and Community Development within 60 days after adoption. (g) As used in this section, the following terms mean: (J) "Living area" means tilie Interior habitable area of a dwelling unit including basements and attics but does not Include,6. garage or any accessory structure. (2) "Local agency" means a city,rcounty, or city and county,, whether general lawor chartered, (3).For purposes of this section, "neighborhood" has the same meaning as set forth in Section' 65589.5. 75A-24 (4) "Accessory dwelling unit" means an attached or a detached residential dwellirig unit which provides complete Independent living facilities for one or more persons, It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family dwelling is situated, An accessory dwelling unit also includes the following: (A) An efficiency unit, as defined in Section 17458.1 of Health and Safety Code,_ (0)-A. manufactured home, as defined in Section 18007 of the Health and Safety Code. (C) "Passageway" means a pathway,that is unobstructed 'clear to the sky and extends from a street to one entrance of. the accessory dwelling unit. (h) Nothing in this .section"shall be construed to supersede or in any way alter or lessen the effect or application of the California Coastal Act (Division 20 (commencing with Section 30000) of the Public Resources Code), except that the local government shall not be required to hold public hearings, for coastal development permit applications for accessory dwelling units. SEC. -1.5. Section 65852.2',of the Government Code is amended to.read: 65852.2..(a)'(1) A, local agency may,"by ordinance, provide for the creation of accessory dwelling units in single+ family and multifamily.restlenual zones., The ordinance shall do all of the following: (A) Designate areas within the;jurisdiction of the local agency where accessory dwelling units. maybe permitted. The designation of areal ria y'be based on. -criteria; that rt ay'Inclutle, but are not limited ao; the adequacy of water and sewer,services.and the Impact of accessory dwelling units on trafftc.fiow and public safety. (8) (1) Impose standards on .accessory dwelling units that include, but are not. limited to, parking, height,, setback,, lot coverage, landscape, architectural review, maximum size of a unit, and standards that prevent adverseimpacts on.'any real property that -Is listed in the California Register of Historic Places: (II) Notwithstanding clause (Ij, a local agency may reduce or eliminate parking requirements for any accessory dwelling unit located within its jurisdiction. (C) Provide that accessory dwelling units do not exceed the allowable density for the lot upon which the accessory dwelling unit is located, and that accessory dwelling units are a residential use that is consistent with the existing general plan and zoning designation for the lot. (b) Require the'accessory dwelling units to comply with all of the following: (i). The. unit is not intended for sale separate from -the -primary residence and may be rented. (li) The lot is zoned for single-family or multifamily, use and contains an existing, single-family dwelling, (iii) Theaccessory dwelling .unit is either attached to the existing dwelling or located within the living area of the. existing dwelling or detached from the existing dwelling and located on the sante lot as the existing dwelling. (iv). The increased floor area of an attached accessory dwelling unit shall Prot exceed 50 "percent of; the existing living"ai:ea, with a maximum Increase in floor area of i,200 square feet. (v) The total area of floorspace for a detached acce.ssory' dwelling unit shall not exceed 1,200 square feet. (vi)N6'passaaeway shall be required in conjunction with theconstruction of an accessory dwelling unit. No setback shall be"requ[red for an existing garage that is converted to -a accessory dwelling unit, and. a setback of no more than five feet from the side and rear lot lines .shall be required for all accessory dwelling unit that is -constructed above,a ga,age. (viii) Local building code requirements that apply to detaclied'dweliings, as appropriate. (ix),Approval by the local health officer where a private sewage disposal system is -being used, If required. (x) (1) Parking requirernents'for accessory dwelling units shall not exceed one parking space per unit or per bedroom. These spaces may be provided as tandem parking on an existing driveway. (II) offstreet parking shall. be permitted in setback areas in locations determined by the local agency or through tandem parking, unless specific findings are made that parking in sotback areas or tandem parking Is not 75A-25 feasible based upon specific site or regional topographical or fire and life safety conditions, or that It Is not permitted anywhere else, in the Jurisdiction. (111) This clause shall not apply to a unit that is described in subdivision (d). (xi) When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit, and the local agency requires that those offstreet parking spaces be replaced, the replacement spaces may be located in any configuration on the same lot as the accessory dwelling unit, including, but not limited to, as covered spaces, uncovered spaces, or tandem =paces, or by the use of mechanical automobile parking lifts, This clause shall not apply, to a unit that is described in subdivision (d). (2) The ordinance shall not be considered in the application of any local ordinance, policy, or program to limit residential growth. (3) When a local agency receives Its first application on or after July 1, 2003, for a permit pursuant to this subdivision, the application shall be considered ministerially without discretionary review, or a hearing, notwithstanding Section 65401 or 65906 or:any.local ordinance regulating the issuance of variances or special use permits,, within 120,day5 after receiving the application. A local agency may Ogige a fee,to reimburse it for costs that it Incurs as a. result of amendments to this paragraph enacted during lthe20o1-02 Regular Session of the Legislature, including the costs of adopting or amending any ordinance that provides for the,creation of an accessory. dwelling unit. (4) Ari -existing ordinance governing the creation of an accessory dv elling iinit. by a local agency Oren accessory dwelling ordinance adopted by a local agency subsequent to the effective date of the act adding this".piiragraph shall provide an approval process that includes only -ministerial provisions for�the'approval of'accessory dwelling units and shall not Include any discretionary: processes, provisions, or requirements for those units, except as otherwise provided in this subdivision, in the event that a local agency has an existing accessary. dwelling unit ordinance that fails to meet the requirements of this subdivision, that ordinanceshall be null and Vold upon the effective date of the act adding this paragraph and that agency shall thereafter apply the standards established in this subdivision for the approval of accessory dwelling units, unless and until theagency adapts an ordinance that'coriiplies wJith tills section. (5) No other local ordinance, policy, or regula den shall be the basi's for the denial of a building permit or a use permit ander this subdivision. (6) This subdivision establishes the maximum standards that local agencies shall use to evaluate a proposed accessory dwelling unit on a lot zoned for residential use that.,cantains an existing single-family dwelling. No additional standards; other than those provided in this subdivision, Shall be utilized or Imposed, except that a. .local agency may require an applicant for a permit Issued pursuant to this subdivision to be an owner-accupant or that the property be used (or rentals of terms Ionger.than:30 days.: (7) R local agency may amend its zoning ordinance or general plan to incorporate the -policies, procedures; or other provisions applicable to the creation of an accessory d•.veiling unit if these provisions are consistent with' the limitations of this subdivision, (8) An accessory dwelling' unit that conforms te, this subdivision shall be deemed to be an accessory use or.an accessory building and shall not be considered to exceed the allowable density ;for the lot upon which it is located, and shall be deemed to be a residential use that is consistent�wlth the existing general plan and zoning designations for the lot. The accessory dwelling unit shall not be considered in the application :of any local .ordinance, policy, or program to limit residential growth. (b) When a local agency that has not adopted an ordinancegoperniing accessory dwelling units in accordance with subdivision (a) receives its first application on or after July 1, :1983, for a permit to create an accessory dwelling unit pursuant to this subdivision, the local agency shall accept thz application and approve or disapprove the application ministerially without discretionary review pursuant to subdivision (a) within 120 days after rec6ving the application. (c} A local agency may establish minimum and maximum unit size requirements for both attached and detached accessory dwelling units. No minimum or maximum size for an accessory dwelling unit, or size based upon a percentage of the existing dwelling, shall be .established by ordinance for either attached or detached dwellings that does not permit at least an efficiency Unit to be constructed in compliance with local development standards. Accessory dwelling emits shall not herequired to provide fire sprinklers if they are not required for the primary residence. 75A-26 (d) Notwithstanding any other law, a local agency, whether or not it has adopted an ordinance governing accessory dwelling units in accordance with subdivislcin (a), shall not impose parking standards for an accessory dwelling unit in any of the following instances: (I) Th'e, accessory dwelling unit is located within one-half mile of public transit. (2) The accessory dwelling unit is located within an architecturally and historically significant historic district. (3) The accessory dwelling unit is part of theexisting primary residence or -an existing accessory.structure. (4) When ori -street parking permits are required but not offered to the occupant of the accessory dwelling unit. (5) when there is a car share vehicle located wKininone block of the accessory. dwelling unit. (e), Notwithstanding subdivisions (a) to (d), inclusive, a local agency shall ministerially approve an application for a building permit to create Within a single-family residential zone one,accessory dwelling unit per single-family lot if the unit Is contained writhin the existing space .pf a single-family residence or accessory structures has Independent exterior access from the existing residence, and the side and 'rear setbacks are sufficient for fire. safety. Accessory dwelling units shall not be teg6lreci to provide fire sprinklers If they are not roquired for the primary residence, (f) (t) Fees charged for the construction of accessory dwrelling units shall be determined in accordance with Chapter 5,(commencing with Section 66o00).and.Chapter 7 (commencing WIth Section 66012),, (2) Accessory :dwelling units shall not be coZ nsidered new residential uses for the purposes. of calculating. local agency connection fees or, capacity charges for utilities Including Vtaterand seyicrservice. (A) For an accessory dwelling unit described in subdi4lsion (e), a local agency shall not require the applicant, to Install a new or separate. utility connection directly between the accessory dwelling unit and the utility o[ impose a related connection fee orCapacitycharge, (B) For an accessory dwelling unit that Is not described in subdivision '(e), a local agency may require a new or separate utility connection directly between the accessory dwelling unit and the utility. Consistent witb'.Sectlon 66013, the connection may be subject to a connection fee or rapacity charge that shall be proportionate to. the burden of the proposed accessory dwelling unit, based upon either its size or the number of its plumbing fixtures, upon the watef or sesver,systern. This fee or charge shall not exceed the reasonable cost of providing this service. :(g) This section does not limit the authority of ,local agencies to adopt less restrictive requirements for the creation of an accessory dwelling unit. (h) Local agencies shall submit a copy of the ordinance adopted pursuant to subdivision (a) to'the Department of Housing and Community Development within 60 days after adoption: (i) As used in this section, the following terms mean. (1) "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. (2) "Local agency" means a city, county; or city and county, whether r general law or;cha iteired. (3) For purposes of this section, "neighborhood" has the same meaning as set forth in Section 65589':5. (4) "Accessory dwelling unit" means an attached Ora detached residential dwelling unit which provides'eamplete independent living facilities for one or more persons. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family dwelling is situated. An accessory dwelling unit also includestile following: (A) An efficiency unit, as defined In Section 17958;1 of Health and Safety Code. (B) A manufactured home, as defined in'Section 18067 of the Health and safety Code. (5) "Passageway' means, -a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwielling unit. 75A-27 rj) Nothing in this section shall be construed to supersede or in any way alter or lessen the .effect or application of the .California Coastal Act (Division 20 (commencing with Section 30000) of the Public' Resources Code), except that the local government shall not be required to hold public hearings for coastal development permit applications for accessory dsvelling units. SEC. 2. Section 1..5.of this bill incorporates amendments to Section 65852.2 of the Government Code proposed by both this bill and Senate Bill 1069. It shall only become operative if (1) both bills -are enacted and become efrective oil or before January 1, 2017, (2) each bill amends Section 65852.2 of,the Gove.rnment Code, and (3) this bill is enacted after -Senate Bill 1069, in which case Section 1 of this bill shall not become operative, SEC. 3. No reimbursement Is required by this act pursuant to Section 6 or Article XIIIB of'the California constitution because a local agency or school. district has the authority to levy service charges, fees, or assessments sufficient topayfor the program or level of service mandated by this act, within the. meaning of section. 17556 of the'GovernmentCode. 75A-28 City of Santa Ana Open, Space Deficient Areas D I.� 1 l `}• L P f ,, r 111 I t 1 1. t �71 A Cl.r I �r 1 EXHIBIT 3 75A-29 Lip r t �71 •tl� � i�� Pk �`t ..�1 EXHIBIT 3 75A-29 r t �71 41 li'; 1 I , • i i _.—ttom - ;-,"'" ;��-//-////` EXHIBIT 3 75A-29 City of Santa Ana Transit Proximity Map OCTA Express Bus Routes 15 Minutes (or less) with Limited'Stops Weekday Ruse Hour Frequency 102 mile radius from Bus Stops EXHIBIT 4 75A-30 Soto, Ricardo From: Keith Carpenter <edison@pacbell.net> Sent: Thursday, August 24, 2017 8:39 PM To: Soto, Ricardo Subject: ADU Thank you for coming to the Com Link Forum. I believe a very important point to make is the very low number of applications. If I heard you correctly there have been only 40 requests. That seems to translate to less than .00001% based on the population of 350,000, it would seem that permitting the "Illegal " units Is a better option than having housing that is, at best, unsafe. I find it ironic that the issue of "bootleg" units is only being exacerbated by making the AUDs expensive and somewhat difficult. I also find it ironic that the same people who complain about illegal units. are also apposed to a path to legalization: Thanks sent from my (Phone EXHIBIT 5 75A-31 Soto, Ricardo From: Mike Tardif <mike@ tardifsheetmetal.com > Sent: Friday, August 25, 2017 1:29 PM To: aaandres@andresiaw.com; Adchristy@aol.com; Alison.Young@phs.com; anncoil@att.neC bacerra@yahoo.com; bist@sbcglobal.net; chisp2@gmail.com;'Dave Lopez; david@heli otrope•studios.com; dianemorter@gmail.com; clickmanaj@attnet; Don Cribb, Tcl Murashie'; foscag4@gmail.com; fraudfinders20lb@gmaii.com; George@santa-ana.ty; ginelleann@gmail.com; Helen Martinez: imacias1230 @yahoo.com;'Irma Jauregui'; JanelleMcloughlin@gmail.com; Javier@washington- square.org; jean@kolodny-anteau.com; keren1219@aol.com; kirstensketch@me.com; Lauratobiasgarcia@gmail.com; LiLia.Ramos23@yahco.com; j.bateson@sbcglobal.net; LuterLutz@aol.com; Mcewenl@aol.com; Nancy-Lutz@sbcglobal.net olivana@dslextreme.com; oscargarza@gmail.cok pdavid.benavides@gmail.com;'Peter Katz',, Phil Bacerra; Evangeline Prodigy Gawronski; 'Rene Guzman'; rvdave@roadrunneccom; Sarahcrealtor@gmail.com; Stprstn@aol.com; suml@anet.net; Susan van der Roest; 'Terry McCall'; TFlarnmang@sbcglobal.net; thomas.a.gordon@gmail.com; timrush@bhhscaprops.com; vjedge@pacbell.net Ce: SantaAnaCitizens@yahoogroups.com; Neal, Candida; Kutner; Scott; Soto, Ricardo; Benavides, David; Solorio, Jose; Villegas, Juan; Martinez. Michele; Pulido, Miguel; Tinajero, Sal; Sarmiento, Vicente Subject: Granny flats - City staff announcement Coin -Link meeting yesterday Re: Santa Ana Com -Link meeting yesterday Thursday, August 24, 2017 Announcement by City staff regarding the proposed Accessary Dwelling Unit ("Granny Flat") ordinance. Granny Flats (GFI current status 1. In the previous 13 years the City has approved a total of 40 GF (3 per year) 2. The City has received 29 applications so far this year 3. The City does not have a GF ordinance in place 4. The City has been implementing the State "mandated" ordinance How City intends to address GF 1. Staff will take feedback they have been receiving from the community and the impacts of GF currently spread throughout the neighborhoods 2. Staff will then draft a local ordinance to put before the Planning Commission in Oct./Nov. and then before the City Council In Nov./Dec 3. "Well before then ."Staff will have a draft ready for public review and input "to refine that ordinance" Concerns of residents in attendance 1. "When is the draft coming out? It doesn't look like there will be much time for public comment." Staff response: We hope to have that _available for review (by Com -Link) sometime next month (September) and it will be posted to the City website. 2. "Can we have a committee to meet with you, instead of us listening to what is happening up at City Hall"? "How are you going to hear from us."? Staff response: "We'll explore different ways to get as much input from the community has we can - and then once we develop a strategy to get that input we'll relay that to you guys here." 3. "What are you doing to get the information out to the community"? Staff response: This is step one. 75A-32 4. There was continued concerns from residents on the short time frame for public input. Staff response: "We heard your concerns in many previous meetings." Note: To my personal knowledge there were only two neighborhood meetings (other than Com -Link) where GF was addressed —and staff could name only one such meeting. There were one or two Council subcommittee meetings at which GF was discussed. Further staff response: "We are willing to do that again" and "We will use Neighborhood Improvement to reach out to you." "If we have a need to get additional input we will take that time." Note: Staff did not make a commitment for additional public meetings concerning Granny Flats before it would go to Planning Commission and Council. S. Further Staff response: "We heard what you said you talked about how these units Impacted your neighborhoods." "We are working with our City Attorney's office — we want to get it fight." "We heard your direction In terms of regulating units so that they are safe and that they don't impact our neighborhoods." "And to be honest I am hoping that we have some open communication. I'm hoping that we can really talk'about this because we have limitations on what we can do as a community." 6. "Will there be further community meetings (on GF)." Staff response: "We will If we are requested to do so." Worth noting again 1. In the previous 13 years the City has approved a total of 40 GF 2. The City has received 29 applications since Jan.'V of this Year Note: Staff did not make a commitment for additional public meetings concerning Granny Flats before it would go to Planning Commission and Council. Important note -The State "mandated" law has "wiggle room" built into it— it can be adjusted to fit the needs of Santa Ana's neighborhoods -otherwise we would not be talking about it now. Thank you, Mike Tardif 75A-33 Soto, Ricardo From: Tom Lutz <luterlutz@aol.com> Sent: Friday, August 25, 2017 1:55 PM To: mike@tardifsheetmetal.com; aaandres@andresiaw.com; Adchristy a aol.com; Alison.Young@phs.com; anncoil@attnet; bacerra@yahoo.com,' bist@sbcglobal.net chfsp2@gmaii.com; lopezlthev@hotmaii.com; david@heliotrope-studios.com; dianemorter@gmaiLcom; dickmanaj@att.net doncribb@aol.com; emurashie@att.net; fosca94@gmaiLcom; fraudfinders20lO@gmaiLcom; George@santa-ana.ty; ginelleann@gmail.com; martinezhln@gmail.com; imacias1230@yahoo.com; irmapj@yahoo.com; JanelleMcloughlin@gniatl.com; Javier@wastiington-square.org; jean@koladny-anteau.com; keren1219@aolcom; kirstensketch@me.com; Lauratobiasgarcia@gmaii.com; LiLia.Ramos23@yahoo.com; Ij:bateson@spcglobal.net; Mcewenl@aol.com; Nancy-Lutz@sbcglobal.net olivana@dslextreme.com; oscargarza@gmail.com; pdavid.benavides@gmaiLcom; petekatz9@gmail.com; phi lbacerra@gmai Lcom; Evangeline Prodigy Gawronski; coach.guirrian37@gmail.com; rvdave@roadrunner.com; Sarahcrealtor@gmail.com; Stprstn@aol.com; suml@anet.net.; trymc@aol.com; TFlammong@sbcglobal.net; thomas.a.gordon@gmaiLcom; timrush@bhhscaprops.com; vjedge@pacbell.net; jqualey3@gmaiLcom; fosca94@gmail.com; Adchristy@aol,com Cc: SantaAnaCitizens@yahoogroups.com; Neal, Candida; Kutner,Scott; Soto, Ricardo; Benavides, David; Solorio, Jose; Villegas„Juan; Martinez, Michele` Pulido, Miguel; Tinajero, Sal; Sarmiento, Vicente; befr inklin@dsleztreme.com; rob.richardson@earthlink.net; Imitis007@mac.com Subject: Re: Granny flats - City staff announcement Com -Link meeting yesterday Thanks Mike. I noticed that too about the 29 applicants Just this year or at at least from the meeting earlier this year when Janet Nguyen was there and staff indicated there were only about 3 or 5 applications in the last couple of years and make it sound like we didn't have anything to worry about. And now we have 29 applications and as I told Evangeline I would bet dollars to donuts that those applicants aren't for "granny and gramps” but are absentee landlords who want to add another dwelling to get another $1500+ bucks a month rent. I also wonder how this has now become a big rush? Al the Nice Meeting held four or so months ago with_Jose and Juan, Sal was absent, along with Hussain and Candid I came away that there was no urgency and no direction from council to . even look Into writing an ordinance and Hussain saying we don't have enough staff people to address writing any kind of an ordinance. Tom In a message dated 8/25/2017 1:29:35 PM Pacific Slandard Time, mikq@ ardiFsheetnietal:cervi writes: Re: Santa Ana Com -Link meeting yesterday Thursday, August 24, 2017 Announcement by City staff regarding the proposed Accessory Dwelling unit ("Granny Flat") ordinance. Granny Flats (GF) current status 1. In the previous 13 vears the City has approved a total of 40 GF (3 per year) 75A-34 2. The City has received 29 applications so far this year 3. The City does not have a GF ordinance in place 4. The City has been implementing the State "mandated" ordinance How City intends to address GF 1. Staff will take feedback they have been receiving from the community and the impacts of GF currently spread throughout the neighborhoods 2. Staff will then draft a local ordinance to put before the,Planning Commission in O_ ct./Nov. and the_ n before the City Council in'Nov./Dec. 3. "Well before then.." Staff will have a draft ready for public review and input "to refine that ordinance" Concerns of residents in attendance 1. "When is the draft coming out? It doesn't look like there will be much time for public comment" Staff response: We hope to have that available for review (by Coin -Link) sometime next month (September) and it will be posted to the City website. 2. "Can we have a committee to meet with you, instead of us listening to what is happening up at City Hall"? "How are you going to hear from us."? Staff response: "We'll explore different ways to get as much input from the community has we can -and then once we develop a strategy to get that input we'll relay that to you guys here." 3. "What are you doing to get the Information out to the community"? Staff response: This Is step one. 4. There was continued concerns from residents on the short time frame for public input. Staff response: "We heard your concerns In many previous meetings." Note: To my personal knowledge there were only two neighborhood meetings (other than Com -Link) where GF was addressed — and staff could name only one such meeting. There were one or two Council sub -committee meetings at which GF was discussed. Further staff response: "We are willing to do that again" and "We will use Neighborhood Improvement to reach out to you." 75A-35 "If we have a need to get additional input we will take that time." Note: Staff did not make a commitment for additional public meetings concerning Granny Flats before it would go to Planning Commission and Council. S. Further Staff response: "We heard what you said — you talked about how these units impacted your neighborhoods." "We are working with our City Attorney's office — we want to get it right." "We heard your direction in terms of regulating units so that they are safe and that they don't Impact our neighborhoods." "And to be honest 1 am hoping that we have some open communication. I'm hoping that we can really talk about this because we have limitations on what we can do as a community." 6. "Will there be further community meetings (on GF)." Staff response: "We will if we are requested to do so." Worth noting again 1. In the previous 13 years the City has approved a total of 40 GF 2. The City has received 29 applications since,Jan. V of this year Note: Staff did not make a commitment for additional public meetings concerning Granny Flats before it would go to Planning Commission and Council. Important note - The State "mandated" law has "wiggle room" built into it— it can be adjusted to fit the needs of Santa Ana's neighborhoods -otherwise we would not be talkind about it now. Thank you, Mike Tardif 75A-36 LS 3.20.17 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 SECOND 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 second dwelling unit ordinance, established in 2003, was superseded by changes made to state second dwelling unit laws (Assembly Bill 2299 and Senate Bill 1069 that took effect January 1, 2017, and Assembly Bill 494 and Senate Bill 229 that took effect January 1, 2018), and is no longer enforceable. These statutes impose new limitations on local authority to regulate second units, which are now referred to as "accessory dwelling units" or an "ADU". C. The proposed changes to the accessory dwelling unit development standards are proposed to comply with the new state legislation to allow greater flexibility in allowing these units. D. The proposed amendments would change the second dwelling unit ordinance to be in compliance with state law by repealing the City's 2003 second dwelling unit ordinance, incorporating new state provisions, and introducing new tailored ADU regulations that recognize the diversity of Santa Ana neighborhoods. E. The City desires to amend its local regulatory scheme for the construction of accessory dwelling units that fully complies with section 65852.2 of the Government Code, and finds that the proposed ordinance promotes the public health, safety and welfare of the community. F. The City Council has held a duly noticed public hearing on this ordinance and has considered all testimony presented thereto. EXHIBIT B Ordinance No. NS -XXX Page 1 of 15 75A-37 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 15061(b)(3), 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 added to read as follows: Sec. 41-11.1. - Accessory dwelling unit. An accessory dwelling unit is an attached or a detached residential dwelling unit which provides complete independent living facilities for one or more persons and includes permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family dwelling is situated. It shall have the same meaning as that term is defined in California Government Code section 65852.2 as it may be amended from time to time. Section 4: Section 41-150.5 of the Santa Ana Municipal Code is hereby deleted in its entirety: Section 5: Sections 41-194 through Section 41-194.3 of the Santa Ana Municipal Code are hereby deleted and replaced with the new Sections 41-194 through Section 41-194.14 to read as follows: 410 .. fffir.-MUS-110MM Section 5: Sections 41-194 through Section 41-194.3 of the Santa Ana Municipal Code are hereby deleted and replaced with the new Sections 41-194 through Section 41-194.14 to read as follows: Ordinance No. NS -XXX Page 2 of 15 75A-38 410 WIN% 110 Ordinance No. NS -XXX Page 2 of 15 75A-38 .Wraia Ordinance No. NS -XXX Page 3 of 15 75A-39 .. Ordinance No. NS -XXX Page 3 of 15 75A-39 Ordinance No. NS -XXX Page 4 of 15 75A-40 MoM 7"57ME - MR, JIMCNTM 41 Ordinance No. NS -XXX Page 4 of 15 75A-40 Sec. 41- 194. - Purpose. The purpose of this section is to provide reasonable regulations for the development of accessory dwelling units on residentially zoned properties on lots developed or proposed to be developed with single-family residential dwellings. Such regulations are intended to mitigate potential impacts to neighborhoods and comply with the -goals and policies of the City's General Plan and comply with requirements codified in the state Planning and Zoning Law related to accessory dwelling units in residential areas, including California Government Code section 65852.2. Sec. 41-194.1 - Definitions. As used in this section, the following words, terms or phrases have the following meanings: Ordinance No. NS -XXX Page 5 of 15 75A-41 (1) "Attached accessory dwelling unit" means a residential dwelling unit that is attached to or located within the living area of an existing primary dwelling unit and that provides independent living, sleeping, eating, a single kitchen for cooking, and sanitation facilities for one or more persons. An attached accessory dwelling unit also includes an efficiency unit, as defined in California Health and Safety Code section 17958.1. (2) "Detached accessory dwelling unit' means a residential dwelling unit that is detached from the primary dwelling unit and that provides independent living, sleeping, eating, a single kitchen for cooking, and sanitation facilities for one or more persons. A detached accessory dwelling unit also includes an efficiency unit, as defined in California Health and Safety Code section 17958.1. and a manufactured home, as defined in section 18007. (3) "Existing accessory structure" means an accessory structure, as defined in this chapter, which was legally established and existing prior to adoption of this ordinance. (4) "Existing garage" means a building or portion of a building designed or used for parking or storage of motor vehicles that was legally established and existing prior to adoption of this ordinance. (5) "Living area" is defined as the interior habitable area of a dwelling unit, but not including a garage or any accessory structure. (6) "Primary dwelling" means an existing single-family residential structure on a single parcel with provisions for living, sleeping, eating, a single kitchen for cooking, and sanitation facilities occupied and intended for one household. Sec. 41-194.2 - Applicability. (1) The development and design standards in this section shall be applicable to all accessory dwellinq units. (2) The Director of the Planning and Building Agency, or his/her designee, shall review and approve, or deny ministerial permits for accessory dwelling units conforming to the time limits specified by Govemment Code Section 65852.2 or successor provision. Sec. 41-194.3 - Permitted Zones. Accessory dwelling units are permitted in the R1, R2, R3, R4, CR, Al, or RE zoning districts, or on a parcel within any Specific Plan or Specific Development zoning district in which residential uses are permitted. Ordinance No. NS -XXX Page 6 of 15 75A-42 Sec. 41-194.4 - Use Restrictions. An accessory dwelling unit may be developed on a parcel that either (a) Contains one legally established single-family residence: or (b) Will have one new detached single-family residence permitted concurrently with the accessory dwelling unit. (2) Only one accessory dwelling unit may be located on the lot. (3) The accessory dwelling unit shall not be sold separately from the primary dwelling. (4) The accessory dwelling unit shall not be rented for periods of less than thirty (30) days. (5j The primary dwelling unit or the accessory dwelling unit shall be continuously occupied by at least one person having an ownership interest in the lot. described in subsection 41-194.8: (1) (2) percent of the size of the living area of the primary dwelling unit on the parcel, whichever is less, and contain no more than one (1) bedroom. (3) Minimum Size. The accessory dwelling unit shall contain no less than the 220 square feet in living area the City requires for an efficiency dwelling unit which is defined in Section 17958.1 of the Health & Safety Code. (4) Lot Coverage. The lot coverage for the parcel, as that term is defined in this chapter, shall not exceed the percentage specified in the underlying zoning district. (5) Design. The design of the accessory dwelling unit shall preserve the privacy of adiacent uses and be architecturally compatible to the design of the primary dwelling by use of similar materials and textures, window Ordinance No. NS -XXX Page 7 of 15 75A-43 (6) types, roofing materials and roof pitch, and shall comply with the adopted Citywide Design Guidelines. the accessory dwelling unit shall conform to the United States Secretary of Interior's official Standards for the Treatment of Historic Properties. If the Proposed accessory dwelling unit is placed or constructed so as to result in a modification of the existing historic resource on the parcel, a certificate of appropriateness shall be issued by the Historic Resources Commission upon the finding that the proposed accessory dwelling unit conforms to the United States Secretary of Interior's official Standards for the Treatment of Historic Properties and does not substantially change the character and integrity of the historic property. (7) Open Space. A minimum of one thousand two hundred (1,200) square feet of usable, continuous, non -front yard open -space, excluding driveways and parking areas, shall be provided. Any open space with a minimum dimension of fifteen (15) feet by fifteen (15)feet shall be deemed continuous open space. (8) Passageway. No passageway shall be required in conjunction with the construction of an accessory dwelling unit. For the purpose of this section, "passageway" shall mean a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit. addition to the following: (1) Setbacks. The accessory dwelling unit shall comply with the front and (2) Maximum Height. A detached accessory dwelling unit shall not exceed fifteen (15) feet in height as measured from the lowest adjacent grade of the structure to the top of the structure. (3) Separation. There shall be a minimum of fifteen (15) feet separation between the primary dwelling unit and a detached accessory dwelling unit and a minimum of five (5) feet between a detached accessory dwelling unit and an accessory building. Separation shall be measured from the exterior Ordinance No. NS -XXX Page 8 of 15 75A-44 wall of the primary dwelling unit or attached structure to the nearest wall of the accessory dwelling unit or attached structure. (4) Site Planning. A detached accessory dwelling unit shall be located behind the rear building line of the primary dwelling, and be clearly subordinate by location and size. addition to the following: (1) Setbacks. The accessory dwelling unit shall comply with the setback standards for primary dwellings prescribed in the zoning district. (2) Maximum Height. The height of an attached accessory dwelling unit shall not exceed the height limit applied to a primary dwelling unit in the underlying zoning district. (3) Exterior Stairs. An attached accessory dwelling unit shall have no exterior stairs. (4) Entrances. No attached accessory dwelling unit shall have an outside door on the primary elevation of the primary dwelling unit or an outside door that is visible from the street. Sec. 41-194.8 - Development Standards — Conversion of an Existing Structure. An existing primary dwelling unit, existing accessory structure or existing garage, or portion of the following requirements: the adoption of this ordinance; (2) Maximum Size. Is a maximum of seven hundred fifty (750) square feet of living area in size or fifty (50%) percent of the size of the living area of the Primary dwelling unit on the parcel, whichever is less; (3) Minimum Size. Is no less than the minimum 220 square feet in living area the City requires for an efficiency dwelling unit which is defined in Section 17958.1 of the Health & Safety Code: Ordinance No. NS -XXX Page 9 of 15 75A-45 (4) Setbacks: The side and rear setbacks of the accessory dwelling unit comply with building code provisions related to fife and fire safety. (5) Independent Access. Has independent exterior access from the existing residence, which shall not be located on the primary elevation of the primary dwelling: (6) and, (7) Passageway. No passageway shall be required in conjunction with the construction of an accessory dwelling unit. For the purpose of this section Passageway" shall mean a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit. (1) constructed as a studio without bedrooms, in which case no parking is required. (2) When an existing garage is demolished in conjunction with the construction of an accessory dwelling unit, or converted to an accessory dwelling unit, replacement garage spaces for the primary dwelling unit shall not be required. Sec. 41-194.10 - Parking Exceptions. No off-street parking shall be required for an accessory dwelling unit in any of the following circumstances: (1) The accessory dwelling unit is located within one-half mile of public transit. For the purposes of this section 'public transit" shall mean a bus stop with fixed route express bus service that provides transit service at 15 -minute intervals or better dudnq peak commute periods. (2) The accessory dwelling unit is located within an architecturally and historically significant historic district. (3) The accessory dwelling unit is part of the existing primary dwelling or an existing accessory structure. Ordinance No. NS -XXX Page 10 of 15 75A-46 (4) When on -street parking permits are required but not offered to the occupant of the accessory dwelling unit. (5) vehicle" shall mean part of an established program intended to stay in a fixed location for at least 10 years and available to the public. Sec. 41-194.11 - Non -conforming Properties. (1) Legal nonconformities of the existing primary dwelling, except for legal nonconformities related to the parking standards of this chapter, shall (2) A lot shall comply with the current parking standards of this chapter prior to or concurrent with the establishment of an accessory dwelling unit. Sec. 41-194.12 - Restrictive Covenant. Prior to issuance of a building permit for an accessory dwelling unit, a covenant consenting that either the primary dwelling unit or the accessory dwelling unit shall be owner -occupied shall be recorded against the title of the Property in the County Recorder's office and a copy filed with the Planning Division. Said covenant shall run with the land, and shall bind all future owners, heirs, successors, or assigns. The form of the deed restriction shall be provided by the City and shall provide that: (1) The accessory dwelling unit shall not be sold separately from the primary dwelling. (2) The unit is restricted to the approval size and attributes of this chapter. (3) The covenant restrictions run with the land and may be enforced against future purchasers. (4) The covenant restrictions may be removed if the owner eliminates the accessory dwelling unit. (5) The covenant restriction shall be enforced by the Director of Planning and Building or his or her designee for the benefit of the City of Santa Ana. Failure of the property owner to comply with the covenant restrictions may result in legal action against the property owner and the City shall be authorized to obtain any remedy available to it at law or equity, including but Ordinance No. NS -XXX Page 11 of 15 75A-47 not limited to obtaining inlunction enloining use of the accessory dwelling unit in violation of the recorded restrictions or abatement of the illegal unit. Sec. 41-194.13 - Appeals of planning manager or zoning administrator decision. Any person aggrieved by a determination of the planning manager to disapprove plans and drawings submitted pursuant to section 41-194, et seq. may file an application for a minor exception which shall be heard by the zoning administrator pursuant to Article V of this chapter. Such application may include a request to vary from the standards of section 41- 194 et seq. The decision of the zoning administrator on such application may be appealed to the planning commission pursuant to said Article V. comply with any and all applicable regulations imposed in other articles of the zoning code, provisions of this article shall prevail. Section 6. Section 41-236 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 41-236. - Rear yards in the R1 district. There shall be a rear yard setback of not less than twenty (20) feet. This section shall not apply to4egal-sessad permitted accessory dwelling units. Section 7. Section 41-626(f) of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 41-626 (f). - Underground utility installations. The requirements of this section shall not apply to construction of new sesend accessory dwelling units provided, however, that all utility cables or wires between the primary residence and a detached sesend accessory dwelling unit shall be placed underground. Section 8. Section 41-681.4(g) of the Santa Ana Municipal Code is hereby added to read as follows: Sec. 41-681.4. - Rehabilitation of single-family and two-family dwellings. Ordinance No. NS -XXX Page 12 of 15 75A-48 (a) Rehabilitation of a nonconforming building whose primary use is a single-family dwelling or a two-family dwelling is permitted: (1) In a residential district or a specific development where residential is permitted, or (2) In a P district where the continuance of the use is not barred by section 41-683 and the building complies with the minimum yard requirements applicable to buildings located in the R2 district. (b) Structural alterations and additions may be made where the total floor area of all such expansions occurring in a five-year period does not exceed forty (40) percent of the floor space of the building as it existed at the beginning of said time, provided: (1) The number of bedrooms is not increased; (2) The number of dwelling units is not increased; and (3) No new nonconfonnitiesanses with the requirements of this chapter are created. (c) Structural alterations and additions which exceed forty (40) percent of the total floor area as it existed at the beginning of a five-year period; include the creation of new bedrooms; or remodeling which involves the demolition of more than fifty (50) percent of the building shall be permitted; provided: (1) The number of dwelling units is not increased; (2) The parking is brought into conformance with code provisions; (3) No new nonconformities with the requirements of this chapter are created; and (4) A minimum of one thousand two hundred (1,200) square feet of usable, continuous, non -front yard open -space, excluding driveways and parking areas is provided. Any open space with a minimum dimension of fifteen (15) feet by fifteen (15) feet shall be deemed continuous open space. (d) Where rehabilitation of a building involves more than fifty (50) percent of a building wall which encroaches into a front or side yard setback is demolished or is structurally altered, the remainder of the building wall shall be demolished. Any subsequent building wall shall conform to all provisions of this chapter. (e) For the purpose of this section, an existing two -car garage with a minimum dimension of eighteen (18) feet by eighteen (18) feet exterior dimension shall be considered conforming. (f) For the purpose of this section, remodel shall mean to reconstruct, or to make over in structure or style, but shall exclude re -roof, window replacement, exterior finish replacement and repair or similar modifications. (g) For the purpose of this section the limitations on adding a dwelling unit listed in subsections (a) (b) and (c) shall not apply to accessory dwelling units as defined and regulated in Section 41-194 of this Chapter. Existing non -conformities on a property Ordinance No. NS -XXX Page 13 of 15 75A-49 otherwise eligible to build an accessory dwelling unit shall not disqualify it from building an accessory dwelling unit. 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 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 APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By: Lisa Storck Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers 2018. Miguel A. Pulido Mayor 75A-50 Ordinance No. NS -XXX Page 14 of 15 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, 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 , 2018, 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 75A-51 Ordinance No. NS -XXX Page 15 of 15 75A-52 Jeffrey Fertal 809 Grovemont Street Santa Ana, CA 92706 October 27, 2017 Santa Ana City Council 20 Civic Center Plaza Santa Ana, CA 92701 RE: ACCESSORY DWELLING UNITS ORDINACE Dear Honorable Mayor and members of the City Council, My name is Jeffrey Fertal, a resident of Santa Ana. I expect to close escrow on a home very soon for a property located at 1801 N. Bush Street. The subject property is an existing single- family residence and is a Legal Non -Conforming Use on a property currently zoned (P) Professional. This letter serves as a written request to the City Council to consider a revision to the proposed Ordinance regulating Accessory Dwelling Units (ADUs). As drafted, the proposed Ordinance would not permit an ADU on a property that is not zoned for Single Family use. Unfortunately, there are dozens, perhaps hundreds, of existing single-family properties within the City of Santa Ana that are not currently zoned for single family use, that would be prohibited from constructing an ADU. In all likely hood, these properties may never be developed or used as permitted undertheir existing zoning designation. Consequently, these single family residential properties will be unfairly discriminated from benefiting from the ADU Ordinance. The intent of the State's Revised ADU Bill is to increase the opportunities to construct ADUs and provide more flexibility in the development and approval of these units. Therefore, I respectfully request that the City Council consider revising the proposed Ordinance to include more flexibility as provided below: "Accessory Dwelling Units (ADUs) shall be permitted on properties that contain a single-family residence but are Legal Non -Conforming Use. The ADU shall only be permissible on eligible Legal Non - Conforming properties during such time that the property is used as a single-family residence." My intent to construct an ADU at 1801 N. Bush Street is to provide living quarters for my mother in-law. She is not physically able to reside in the main house where the bedrooms and bathrooms are on the second story. The ADU will provide her with a safe and accessible living quarter. If the proposed language is too broad, perhaps the approval of an ADU on Legal Non -Conforming lots can be considered by the City Manager on a case by case basis. Thank you for your consideration of my request. Jeffrey Fertal EXHIBIT C 75A-53 Soto, Ricardo From: Keith Carpenter <edison@pacbell.net> Sent: Thursday, August 24, 2017 8:39 PM To: Soto, Ricardo Subject: ADO Thank you for coming to the Com'Link Forum. I believe a very important point to make is the very low number of applications. If I heard you correctly there have been only 40 requests. That seems to translate to less than .00001% based on the population of 350,000. It would seem that permitting the "illegal " units is a better option than having housing that is, at best, unsafe. I find it ironic that the issue of "bootleg" units is only being exacerbated. by making the AUDs expensive and somewhat difficult. I also find It Ironic that the same people who complain about illegal units are also opposed to a path to legalization. Thanks Sent from my (Phone 75A-54 Soto, Ricardo From: Mike Tardif <mike@tardifsheetmetal.com�. Sent: Friday, August 25,'2017 1:29 PM To: aaandres@andreslaw.com; Adchristy@aol.com; Alison.Young@phs.com; anncoil@att.net•, bacerra@yahoo.com; hist@sbcglobal.net; chfsp2@gmail.com;'Dave. Lopez; david@heliotrcpe•studios.com; dianemorter@gmail.com; dickmanaj@att.60; Don Cribb; 'Ed Murashie; fosca946gmaiLcom; fraudfinders20iO@gmail.com; George@santa-ana.tv; ginelleann@gmail.com; Helen Martinez; imacias1230 @yahoo.com;'Irma Jauregui'; JanelleMcloughlin@gmaii.com; Javier@washington- square.org; jean@kolodny-anteau.coni, keren1219@aol.corn;kirstensketch@me.coni; Lauratobiasgarcia@gmail.com; LiLia.Ramos23@yahoo.com; P.bateson@sbcglobal.net; LuterLutz@aol.corn;'Mcewenl@aol.com; Nancy-Lutz@sbcglobal.net olivana@dslextreme.coni; oscargarza@gmaiLcom;'pdavid.benevides'@gmail.com;'Peter Katz'; Phil Bacerra; Evangeline Prodigy Gawronski; 'Rene Guzman'; rvdave@roadrunner.com; Sarahcrealtor@gmaiLcom; Stprstn@aol.com; suml@anetnet;' Susan van der Roest'Terry McCall'; TFlammang@sbcglobal.net; thomas.a.gordon@gmaiLcom; timrush@bhhscaprops.com; vjedge@pacbell.net Ce: SantaAnaCitizens@yalioogroups.com; Neal, Candida; Kutner, Scott; Soto, Ricardo; Benavides, David;Soloria. Jose; Villegas, Juan; Martinez, Michele; Pulido,'Miguel; Tinajero, Sal; Sarmiento, Vicente Subject: Granny flats - City staff announcement Com -Link meeting,yesterday Re: Santa Ana Com -Link meeting yesterday Thursday, August 24, 2017 Announcement by City staff regarding the proposed Accessory Dwelling Unit ("Granny Flat") ordinance. Granny Flats (GF) current status 1. In the previous 13 Vears the City has approved a total of 40 GF (3 per year) 2. The City has received 29 applications so far this year 3. The City does not have a GF ordinance In place 4. The City has been Implementing the State "mandated" ordinance How City intends to address GF 1. Staff will take feedback they have been receiving from the community and the impacts of GF currently spread throughout the neighborhoods 2. Staff will then draft a local ordinance to put before the Planning Commission in Oct./Nov. and then before the City Council In Nov./Dec. 3. "Well before then .." Staff will have a draft ready for public review and input "to refine that ordinance" Concerns of residents in attendance 1. "When is the draft coming out? It doesn't look like there will be much time for public comment." Staff response: We hope to have that available for review (by Com -Link) sometime next month (September) and it will be posted to the City website. 2. "Can we have a committee to meet with you, instead of us listening to what is happening up at City Hall"? "How are you going to hear from us."? Staff response: "We'll explore different ways to get as much input from the community has we can - and then once we develop a strategy to get that input we'll relay that to you guys here." 3. "What are you doing to get the information out to the community"? Staff response: This is step one. t 75A-55 4. There was continued concerns from residents on the short time frame for public input. Staff response: "We heard your concerns in many previous meetings." Note: To my personal knowledge there were only two neighborhood meetings (other than Com -Link) where GF was addressed—and staff could name only one such meeting. There were one or two Council sub -committee meetings at which GF was discussed. Further staff response: "We are willing to do that again" and "We will use Neighborhood Improvement to reach out to you." "If we have a need to get additional input we will take that time." Note: Staff did not make a commitment for additional public meetings concerning Granny Flats before it would go to Planning Commission and Council. S. Further Staff response: "We heard what you said — you talked about how these units Impacted your neighborhoods." "We are working with our City Attorney's office — we want to get it right." "We heard your direction in erms of regulating units so that they are safe and that they don't impact our neighborhoods." "And to be honest I am hoping that we have some open communication. I'm hoping that we can really taik'about, this because we have limitations on what we can do as a community." 6. 'Will there be further community meetings (on GF)." Staff response: "We will if we are requested to do so." Worth noting; again 1. In the previous 13 years the City has approved a total of 40 GF 2. The City has received 29 applications since 1an.1" of this year Note: Staff did not make a commitment for additional public meetings concerning Granny Flats before it would go to Planning Commission and Council. Important note - The State "mandated" law has "wiggle room" built into it— it can be adjusted to fit the needs of Santa Ana's neighborhoods - otherwise we would not be talking about it now. Thank you, Mike Tardif 75A-56 Soto, Ricardo From: Tom Lutz <luterlutz@aol.com> Sent Friday, August 25, 2017 1:55 PM To: mike@tardifsheetmetal.com; aaandres@andreslaw.com; Adchristy@aol.com; Alison.Young@phs.com; anncoil@att.net; bacerra@yahoo.com: bist@sbcglobal,neC chfsp2@gmaiLcom; lopezlthev@hotmail,com; david@heliotrope-studios.com; dianemorter@gmaiLcom; dickmanaj@att.net; doncribb@aol.com; emurashie@att.net; fosca94@gmail.com,, fraudfinders2010@gniail.com; George@santa-ana.ty; ginelleann@gmaiLcom; martinezhfn@gmail.com; imaciasl230@yahoo.com; irmapjC�yahoo.com; JanelleMcloughlinC@grnail.com; Javier@washingion-square.org; jean@kolodny-inteau.com; keren1219@aol.com; kirstensketch@me.com; Lauratobiasgarcia@gmaiLcom; LiUa.Ramos23@yahoo.com; Ij.bateson@sbcglobaLnet; Mcewenl@aol.com; Nancy-Lutz@sbcglobal.net;olivanaodslextreme.com; oscargarza@ginail.com; pdavid.benavides@gmail.com; petekatz9@gmail.com; phi lbacerra@gmail.com; Evangeline Prodigy Gawronski; coach.guzman37@gmail.c6m; rvdave@roadrunner.com: Sarahcrealtor@gmail.com; Stprstri@aol.com; suml@anetnet; Susan@vdr.com; trymc@aoLcom, TFlammang@sbcglobal.net; thomas.a.gordon@gmaiLcom; timrush@bhhscaprops.com; vjedge@pacbell,riet; jqualey39gmail.com; fosca94@gmaii.com; Adchristy@aol.com Cr.. SantaAnaCitizens@yahoogroups.com; Neal, Candida; Kutner, -Scott; Soto, Ricardo; Benavides, David; Solodo, Jose; Villegas„Juan; Martinez, Michele; Pulido, Miguel; Tiriajero, Sal; Sarmiento, Vicente; befranklin@dslextreme.com; rob.richardson@earthlink.net; Imil1s007@mac.com Subject: Re: Granny flats - City staff announcement Com -Link meeting yesterday Thanks Mike. I noticed that too about the 29 applicants just this year or at at least from the meeting earlier this year when Janet Nguyen was there and staff indicated there were only about 3 or 5 applications in the last couple of years and make it sound like we didn't have anything to worry about. And now we have 29 applications and as I told Evangeline I would bet dollars to donuts that those applicants aren't for "granny and gramps” but are absentee landlords who want to add another dwelling to get another $1500+ bucks a month rent. I also wonder how this has now become a big rush? At the Nice Meeting held four or so months ago with Jose and Juan, Sal was absent, along with Hussain and Candid I carne away that there was no urgency and no direction from council to even look Into writing an ordinance and Hussain saying we don't have enough staff people to address writing any kind of an ordinance. Tom In a message dated 3125/2017 1:29:35 PM Pacifie Standard Time, mike ri.!tarclifslieetmetnLcom writes: Re: Santa Ana Com -link meeting yesterday Thursday, August 24, 2017 Announcement by City staff regarding the proposed Accessory Dwelling Unit ("Granny Flat") ordinance. Granny Flats (GF) current status 1. In the previous 13 ears the City has approved a total of 40 GF (3 per year) 75A-57 2. The City has received 29 applications so far this year 3. The City does not have a GF ordinance in place 4. The City has been implementing the State "mandated" ordinance How City intends to address GF 1. Staff will take feedback they have been receiving from the community and the impacts of GF currently spread throughout the neighborhoods 2. Staff will then draft a local ordinance to put before the,Planning Commission in Oct./Nov.'and the_ h before the City Council in Nov./Dec. 3. "Well before then.." Staff will have a draft ready for public review and input "to refine that ordinance" Concerns of residents in attendance 1. "When is the draft coming out? It doesn't look like there will be much time for public comment" Staff response: We hope to have that available for review (by Com -Link) sometime next month (September) and it will be posted to the City website. 2. "Can we have a committee to meet with you, instead of us listening to what is happening up at City Hall"? "How are you going to hear from us."? Staff response: "We'll explore different ways to get as much input from the community has we can -and then once we develop a strategy to get that input we'll relay that to you guys here." 3. "What are you doing to get the Information out to the community"? Staff response: This is step one. 4. There was continued concerns from residents on the short time frame for public input. Staff response: "We heard your concerns in many previous meetings:" Note: To my personal knowledge there were only two neighborhood meetings (other than Com -Link) where GF was addressed — and staff could name only one such meeting. There were one or two Council sub -committee meetings at which GF was discussed. Further staff response: "We are willing to do that again" and "We will use Neighborhood Improvement to reach out to you." 75A-58 "If we have a need to get additional input we will take that time." Note: Staff did not make a commitment for additional public meetings concerning Granny Flats before it would go to Planning Commission and Council. S. Further Staff response: "We heard what you said —you talked about how these units impacted your neighborhoods." "We are working with our City Attorney's office — we want to get it right." "We heard your direction in terms of regulating units so that they are safe and that they don't impact our neighborhoods." "And to be honest I am hoping that we have some open communication. I'm hoping that we can really talk about this because we have limitations on what we can do as a community." 6. "Will there be`further community meetings (on GF)." Staff response: "We will if we are requested to do so." Worth noting again 1. In the previous 13 years the City has approved a total of 40 GF 2. The qty has received 29 applications since Jan. 1" of this year Note: Staff did not make a commitment for additional public meetings concerning Granny Flats before it would go to Planning Commission and Council. Important note -The State "mandated" law has "wiggle room" built into it— it can be adjusted to fit the needs of Santa Ana's neighborhoods - otherwise we would not be talking about it now. Thank you, Mike Tardif 75A-59 Soto, Ricardo From: Fregoso, Vince Sent: Tuesday, October 17, 2017 7:54 PM To: Soto, Ricardo Subject: FW::::: RE: Granny Flats fyi Thanks, Vince C. Fregoso, AICP City of Santa Ana Planning and Building Agency 20 Civic Center Plaza, M-20 Santa Ana, CA 92701 T: (714) 667-2713 F: (714) 973-1461 www.santa-ana.org/pba From: Tim Rush [mailto:timrush@bhhscaprops.com] Sent: Monday, September 18, 2017 1:37 PM To: Fregoso, Vince Subject: FW::::: RE: Granny Flats From: Mary Thornton imailto:mfthornt@gmail.coml Sent: Monday, September 18, 2017 11:22 AM To: 'Mike Tardif' <mike@tardifsheetmetal.com>; 'Tom Lutz' <1uteri utz@aol.com>; 'Ginelle Hardy' <ginelleann@gmail.com>; Susan@vdr.com: Mcewenl@aol.com; timrush @bhhscaprops.com:'Susana Sandoval' <Suzie.csandoval@gmail.com>; Nancy-Lutz@sbcglobal.net; 'Irma Jauregui' <irmapi@vahoo.com>;'Jose Rea' <iose irea @gma il.com> Subject::::: RE: Granny Flats Sure, share with whomever you wish. Mary From: Mike Tardif[mailto:mike@tardifsheetmetal.com] Sent: Monday, September 18, 2017 8:58 AM To: 'Mary Thornton'; Tom Lutz;'Ginelle Hardy'; Susan(a)vdr.com; McewenlOaol.com; timrush(olbhhscaprops.com; 'Susan Sandoval'; Nancy-Lutz@sbcalobal.net; 'Irma Jauregui'; 'Jose Rea' Subject: RE: Granny Flats Mary, 75A-60 Thank you for this great report from the Public Safety Cmt. meeting. May I share your report with others? Best regards, Mike Tardif -----Original Message ----- From: Mary Thornton [mailto:mfthornt@gmail.com] Sent: Tuesday, September 12, 2017 9:48 PM To: Tom Lutz <luterlutz@aol.com>; Ginelle Hardy <ginelleann@gmail.com>; Susan@vdr.com; mike@tardifsheetmetal.com: Mcewenl@aol.com; timrush@bhhscaprops.com: Susana Sandoval <Suzie.csandoval@gmail.com>; Nancy-Lutz@sbcglobal.net; Irma Jauregui <irmapi@vahoo.com>; Jose Rea <ioseirea @gmail.com> Subject: Granny Flats An update from the Public Safety meeting tonight: So far, the GF ordinance appears to have taken into account most of what would be considered "residents' concerns". A draft of the ordinance was available at the meeting; some key highlights are below: - owner must live in one of the two units (primary home or ADU) on the parcel: will be deed restricted to this even upon sale of the property property must be sold as a parcel; cannot separately sell the ADU - only one additional unit (of any type) per parcel - height limit of 15 ft (which pretty much wipes out building them over a garage) - size limit is 50% of the primary dwelling or 750 sq. Ft, whichever is less - lot size must be 6,000 sq. Ft minimum - existing lot coverage and setbacks limits still apply; architectural guidelines to match the style and character of the primary residence - cannot be rented for less than 30 days - existing illegal units cannot be "converted" to legal ADUs - they would have to be permitted and meet all requirements as apply to new ADUs - there will be no "conversion" process for illegal garage units, for example Additionally, ADUs will be prohibited in areas of the City classified as "Areas of Open Space Deficiency" - which I believe applies to a lot of neighborhoods. There was also discussion as to using public safety concerns, water/sewage impacts, etc., to limit where ADUs can be permitted (the state law allows these considerations): Public Works was tasked with determining if 75A-61 water/sewage would be affected but did an evaluation and came up with no areas of impact. Jose Solorio also encouraged another look at Public Safety impacts as we have a low ratio of police/population. There were several questions: Candida did a very nice job of answering and clearly, even though they apparently did not hear from too many people early on, they got the right message. There will be additional opportunities for public comment (future Coml-ink and supposedly a public community forum through Planning Commission). There is some urgency to pass the ordinance however, since anybody can now request a permit and without a city ordinance in place, the city has to grant the permit within 120 days as long as the State regulations are met (which are much more lenient than what the city ordinance is proposing). There have been over 29 applications since January, so I think it is safe to assume some have already been granted. So the adage "be careful what you ask for, you just might get it" applies here - the more meetings requested, the longer the delay to get it passed. My suggestion is to pick up a copy of the draft ordinance, read it, and if you have questions, send to Candida. She appears to be very receptive to listening. Jose Solorio also seemed on board with the concerns expressed by the residents at the meeting. Candida spoke with the Executive Board of ComLink last night; I believe there might be a presentation at the Sept meeting. I suggest to contact the ComLink board members you know and ask for that on the upcoming agenda. Also suggest if you have comments, send them to Candida ASAP. Thanks, . Mary PS: I did not stay to hear the discussion re the homeless issue; if anybody can provide an update on that it would be appreciated; seemed like there were some agitated folks in the audience waiting for that issue. Please forward to anybody who may have been left off this email inadvertently. Sent from my Whone 75A-62