HomeMy WebLinkAbout11A - 2ND READ SECOND DWELLING UNITSREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
APRIL 3, 2018
TITLE:
ORDINANCE SECOND READING: ADOPT
AN ORDINANCE APPROVING AN
AMENDMENT TO PROVISIONS OF
CHAPTER 41 OF THE SANTA ANA
MUNICIPAL CODE RELATING TO
SECOND DWELLING UNITS (STRATEGIC
PLAN NO. 5,1)
CILYINIANAGER
RECOMMENDED ACTION
I
Place ordinance on second reading and adopt.
DISCUSSION
CLERK OF COUNCIL USE ONLY:
APPROVED
❑ As Recommended
❑ As Amended
❑ Ordinance on 1n Reading
❑ Ordinance on 2n° Reading
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
FILE NUMBER
On March 20, 2018, the following ordinance was introduced for first reading and City Council
authorized publication of title by a vote of 5-0 (Pulido, Tinajero absent):
ORDINANCE NO. NS -2940 - 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
In summary, the ordinance creates development standards and land use restrictions to regulate
the size, height, placement, and design of second dwelling units in residential zoning districts.
STRATEGIC PLAN ALIGNMENT
Approval of this item supports the City's efforts to meet Goal #5 - Community Health, Livability,
Engagement & Sustainability, Objective #1 (Establish a comprehensive community engagement
initiative to expand access to information and create opportunities for stakeholders to play an
active role in discussing public policy and setting priorities).
FISCAL IMPACT
There is no fiscal impact associated with this action.
11 A-1
Ordinance —Second Reading: Chapter 41 SAMC
April 3, 2018
Page 2
Maria D. Huizar,
Clerk of the Council
EXHIBIT: Ordinance No. NS -2940
11 A-2
Ordinance No. NS -2940
Strike -out Version
11 A-3
11 A-4
LS 4.3.18
ORDINANCE NO. NS -2940
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superseded by changes made to state second dwelling unit laws (Assembly Bill 2299 and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.
Ordinance No. NS -2940
Page 1 of 12
11 A-5
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:
Sec. 41- 194. - Purpose.
The purpose of this section is to provide reasonable regulations for the development of
accessory dwelling units on residentially zoned properties on lots developed or
proposed to be developed with single-family residential dwellings. Such regulations are
intended to mitigate potential impacts to neighborhoods and comply with the goals and
policies of the City's General Plan and comply with requirements codified in the state
Planning and Zoning Law related to accessory dwelling units in residential areas,
including California Government Code section 65852.2.
Sec. 41-194.1 - Definitions. As used in this section, the following words, terms or
phrases have the following meanings:
(1) "Attached accessory dwelling unit" means a residential dwelling unit that is
attached to or located within the living area of an existing primary dwelling
unit and that provides independent living, sleeping, eating, a single kitchen
for cooking, and sanitation facilities for one or more persons. An attached
accessory dwelling unit also includes an efficiency unit, as defined in
California Health and Safety Code section 17958.1.
Ordinance No. NS -2940
Page 2 of 12
11 A-6
(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 dwelling units.
(2) The Director of the Planning and Building Agency, or his/her designee,
shall review and approve, or deny ministerial permits for accessory
dwelling units conforming to the time limits specified by Government Code
Section 65852.2 or successor provision.
Sec. 41-194.3 - Permitted Zones.
(1) Accessory dwelling units are permitted in the R! R2 R3 on GR n, e
REE all zoning districts, or on a parcel within any Specific Plan in which
residential uses are permitted; or,
(2) In the Professional (P) zoning district where there is only one legally
established single-family residence, the exclusive use of the property is
residential, and the continuance of the residential use is not barred by
Section 41-683. In such cases, the site shall comply with the development
standards in the R1 zoning district.
Ordinance No. NS -2940
Page 3 of 12
11 A-7
Sec. 41-194.4 - Use Restrictions.
(1) An accessory dwelling unit may be developed on a parcel that either:
(a) Contains only one legally established single-family residence; or
(b) Will have only one new detached single-family residence permitted
concurrently with the accessory dwelling unit.
(2) Only one accessory dwelling unit may be located on the lot.
(3) The accessory dwelling unit shall not be sold separately from the primary
dwelling.
(4) The accessory dwelling unit shall not be rented for periods of less than
thirty (30) days.
(5) The primary dwelling unit or the accessory dwelling unit shall be
continuously occupied by at least one person having an ownership interest
in the lot.
Sec. 41- 194.5 - General Development Standards. Accessory dwelling units shall
comply with the following development standards, unless the accessory dwelling unit is
described in subsection 41-194.8:
(t) Minimum Lot Area. A minimum lot area of six thousand (6,000) square
feet shall be required in order to establish an accessory dwelling unit.
(2) Maximum Size. The maximum size of an accessory dwelling unit living
area shall not exceed seven hundred fifty (750) square feet or fifty (50%)
percent of the size of the living area of the primary dwelling unit on the
parcel, whichever is less, and contain no more than one (1) bedroom.
(3) Minimum Size. The accessory dwelling unit shall contain no less than the
220 square feet in living area the City requires for an efficiency dwelling unit
which is defined in Section 17958.1 of the Health & Safety Code.
(4) Lot Coverage. The lot coverage for the parcel, as that term is defined in
this chapter, shall not exceed the percentage specified in the underlying
zoning district.
(5) Design. The design of the accessory dwelling unit shall preserve the
privacy of adjacent uses and be architecturally compatible to the design of
the primary dwelling by use of similar materials and textures, window
Ordinance No. NS -2940
Page 4 of 12
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types, roofing materials and roof pitch, and shall comply with the adopted
Citywide Design Guidelines.
(6) Historic Properties. if an accessory dwelling unit is to be constructed on
a parcel identified on the federal, state or local list of historic resources,
the accessory dwelling unit shall conform to the United States Secretary of
Interior's official Standards for the Treatment of Historic Properties. If the
proposed accessory dwelling unit is placed or constructed so as to result
in a modification of the existing historic resource on the parcel, a
certificate of appropriateness shall be issued by the Historic Resources
Commission upon the finding that the proposed accessory dwelling unit
conforms to the United States Secretary of Interior's official Standards for
the Treatment of Historic Properties and does not substantially change the
character and integrity of the historic property.
(7) Open Space. A minimum of one thousand two hundred (1,200) square
feet of usable, continuous, non -front yard open -space, excluding
driveways and parking areas, shall be provided. Any open space with a
minimum dimension of fifteen (15) feet by fifteen (15) feet shall be deemed
continuous open space.
(8) Passageway. No passageway shall be required in conjunction with the
construction of an accessory dwelling unit. For the purpose of this section,
'.passageway" shall mean a pathway that is unobstructed clear to the sky
and extends from a street to one entrance of the accessory dwelling unit.
Sec. 41-194.6 - Development Standards — Detached Accessory Dwelling Units.
Detached accessory dwelling units shall comply with all provisions in Sec. 41-194.5, in
addition to the following:
(1) Setbacks. The accessory dwelling unit shall comply with the front and
side yard setback standards prescribed in the zoning district, and shall
have a rear yard setback of not less than ten (10) feet.
(2) Maximum Height. A detached accessory dwelling unit shall not exceed
fifteen (15) feet in height, as measured from the lowest adjacent grade of the
structure to the top of the structure.
(3) Separation. There shall be a minimum of fifteen (15) feet separation
between the primary dwelling unit and a detached accessory dwelling unit
and a minimum of five (5) feet between a detached accessory dwelling unit
and an accessory building. Separation shall be measured from the exterior
wall of the primary dwelling unit or attached structure to the nearest wall of
the accessory dwelling unit or attached structure.
Ordinance No. NS -2940
Page 5 of 12
11 A-9
(4) Site Planning. A detached accessory dwelling unit shall be located behind
the rear building line of the primary dwelling, and be clearly subordinate by
location and size.
Sec. 41-194.7 - Development Standards — Attached Accessory Dwelling Units.
Attached accessory dwelling units shall comply with all provision in Sec. 41-194.5, in
addition to the following:
(l) Setbacks. The accessory dwelling unit shall comply with the setback
standards for primary dwellings prescribed in the zoning district.
(2) Maximum Height. The height of an attached accessory dwelling unit shall
not exceed the height limit applied to a primary dwelling unit in the
underlying zoning district.
(3) Exterior Stairs. An attached accessory dwelling unit shall have no exterior
stairs.
(4) Entrances. No attached accessory dwelling unit shall have an outside door
on the primary elevation of the primary dwelling unit or an outside door that
is visible from the street.
Sec. 41-194.8 - Development Standards — Conversion of an Existing Structure. An
existing primary dwelling unit, existing accessory structure, or existing garage, or portion
thereof, converted to an accessory dwelling unit is not subject to the development
standards of subsections 41-194.5 through 41-194.7 provided that the unit complies with all
of the following requirements:
(I) Conversion of an existing structure. Is contained within a single-family
dwelling, accessory structure or garage that was legally established prior to
the adoption of this ordinance;
(2) Maximum Size. Is a maximum of seven hundred fifty (750) square feet of
living area in size or fifty (50%) percent of the size of the living area of the
primary dwelling unit on the parcel, whichever is less;
(3) Minimum Size. Is no less than the minimum 220 square feet in living area
the City requires for an efficiency dwelling unit which is defined in Section
17958.1 of the Health & Safety Code;
(4) Setbacks: The side and rear setbacks of the accessory dwelling unit
comply with building code provisions related to life and fire safety.
Ordinance No. NS -2940
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(5) Independent Access. Has independent exterior access from the existing
residence, which shall not be located on the primary elevation of the primary
dwelling;
(6) Independent Living Facilities. Has independent living, sleeping, eating, a
single kitchen for cooking, and sanitation facilities for one or more persons;
and,
(7) Passageway. No passageway shall be required in conjunction with the
construction of an accessory dwelling unit. For the purpose of this section,
"passageway" shall mean a pathway that is unobstructed clear to the sky
and extends from a street to one entrance of the accessory dwelling unit.
Sec. 41-194.9 - Parking. All accessory dwelling units must meet the following parking
standards in addition to the required off-street parking for the primary dwelling on the site.
(1) One (1) parking space shall be provided for all accessory dwelling units
regardless of number of bedrooms, unless the accessory dwelling unit is
constructed as a studio without bedrooms, in which case no parking is
required.
(2) When an existing garage is demolished in conjunction with the construction
of an accessory dwelling unit, or converted to an accessory dwelling unit,
replacement garage spaces for the primary dwelling unit shall not be
required.
Sec. 41-194.10 - Parking Exceptions. No off-street parking shall be required for an
accessory dwelling unit in any of the following circumstances:
(1) The accessory dwelling unit is located within one-half mile of public transit.
For the purposes of this section "public transit' shall mean a bus stop with
fixed route express bus service that provides transit service at 15 -minute
intervals or better during peak commute periods.
(2) The accessory dwelling unit is located within an architecturally and historically
significant historic district.
(3) The accessory dwelling unit is part of the existing primary dwelling or an
existing accessory structure.
(4) When on -street parking permits are required but not offered to the
occupant of the accessory dwelling unit.
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(5) When there is a car share vehicle located within one block of the
accessory dwelling unit. For the purposes of this section, "car -share
vehicle" shall mean part of an established program intended to stay in a
fixed location for at least 10 years and available to the public.
Sec. 41-194.11 - Non -conforming Properties.
(1) Legal nonconformities of the existing primary dwelling, except for legal
nonconformities related to the parking standards of this chapter, shall
be allowed to remain provided nonconformities are not expanded or
any new nonconformities are created.
(2) A lot shall comply with the current parking standards of this chapter
prior to or concurrent with the establishment of an accessory dwelling
unit.
Sec. 41-194.12 - Restrictive Covenant. Prior to issuance of a building permit for an
accessory dwelling unit, a covenant consenting that either the primary dwelling unit or the
accessory dwelling unit shall be owner -occupied shall be recorded against the title of the
property in the County Recorder's office and a copy filed with the Planning Division. Said
covenant shall run with the land, and shall bind all future owners, heirs, successors, or
assigns. The form of the deed restriction shall be provided by the City and shall provide
that:
(t) 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
not limited to obtaining injunction enjoining use of the accessory dwelling
unit in violation of the recorded restrictions or abatement of the illegal unit.
Ordinance No. NS -2940
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Sec. 41-194.13 - Appeals of planning manager or zoning administrator decision. Any
person aggrieved by a determination of the planning manager to disapprove plans and
drawings submitted pursuant to section 41-194, et seq., may file an application for a minor
exception which shall be heard by the zoning administrator pursuant to Article V of this
chapter. Such application may include a request to vary from the standards of section 41-
194, et seq. The decision of the zoning administrator on such application may be appealed
to the planning commission pursuant to said Article V.
Sec. 41-194.14 - Applicability to other regulations. The provisions of this article are not
intended to provide exclusive regulation of accessory dwelling units. Such uses must
comply with any and all applicable regulations imposed in other articles of the zoning code,
other city ordinances and state and federal law. Should a conflict exist between the
provisions of this article and the provisions of other articles of Chapter 41 of this Code, the
provisions of this article shall prevail.
Section 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 to 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
accessory dwelling units provided, however, that all utility cables or wires between the
primary residence and a detached 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.
(a) Rehabilitation of a nonconforming building whose primary use is a single-family
dwelling or a two-family dwelling is permitted:
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(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 nonconformities 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 otherwise eligible to build an accessory dwelling unit shall not disqualify it
from building an accessory dwelling unit.
Ordinance No. NS -2940
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11A-14
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
APPROVED AS TO FORM:
Sonia R. Carvalho
City Attorney
By��
Lisa Storck
Assistant City Attorney
AYES:
NOES:
ABSTAIN:
NOT PRESENT:
day of 2018.
Councilmembers
Councilmembers
Councilmembers
Councilmembers
Miguel A. Pulido
Mayor
11A-15
Ordinance No. NS -2940
Page 11 of 12
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 -2940 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
11A-16
Ordinance No. NS -2940
Page 12 of 12
Ordinance No. NS -2940
Clean Version
11A-17
11A-18
LS 4.3.18
ORDINANCE NO. NS -2940
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.
Ordinance No. NS -2940
Page 1 of 12
11A-19
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:
Sec. 41-194. - Purpose.
The purpose of this section is to provide reasonable regulations for the development of
accessory dwelling units on residentially zoned properties on lots developed or
proposed to be developed with single-family residential dwellings. Such regulations are
intended to mitigate potential impacts to neighborhoods and comply with the goals and
policies of the City's General Plan and comply with requirements codified in the state
Planning and Zoning Law related to accessory dwelling units in residential areas,
including California Government Code section 65852.2.
Sec. 41-194.1 - Definitions. As used in this section, the following words, terms or
phrases have the following meanings:
(1) "Attached accessory dwelling unit" means a residential dwelling unit that is
attached to or located within the living area of an existing primary dwelling
unit and that provides independent living, sleeping, eating, a single kitchen
for cooking, and sanitation facilities for one or more persons. An attached
accessory dwelling unit also includes an efficiency unit, as defined in
California Health and Safety Code section 17958.1.
Ordinance No. NS -2940
Page 2 of 12
11 A-20
(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 dwelling units.
(2) The Director of the Planning and Building Agency, or his/her designee,
shall review and approve, or deny ministerial permits for accessory
dwelling units conforming to the time limits specified by Government Code
Section 65852.2 or successor provision.
Sec. 41-194.3 - Permitted Zones.
(1) Accessory dwelling units are permitted in all zoning districts, or on a parcel
within any Specific Plan in which residential uses are permitted; or,
(2) In the Professional (P) zoning district where there is only one legally
established single-family residence, the exclusive use of the property is
residential, and the continuance of the residential use is not barred by
Section 41-683. In such cases, the site shall comply with the development
standards in the R1 zoning district.
Ordinance No. NS -2940
Page 3 of 12
11 A-21
Sec. 41-194.4 - Use Restrictions.
(1) An accessory dwelling unit may be developed on a parcel that either:
(a) Contains only one legally established single-family residence; or
(b) Will have only one new detached single-family residence permitted
concurrently with the accessory dwelling unit.
(2) Only one accessory dwelling unit may be located on the lot.
(3) The accessory dwelling unit shall not be sold separately from the primary
dwelling.
(4) The accessory dwelling unit shall not be rented for periods of less than
thirty (30) days.
(5) The primary dwelling unit or the accessory dwelling unit shall be
continuously occupied by at least one person having an ownership interest
in the lot.
Sec. 41-194.5 - General Development Standards. Accessory dwelling units shall
comply with the following development standards, unless the accessory dwelling unit is
described in subsection 41-194.8:
(t) Minimum Lot Area. A minimum lot area of six thousand (6,000) square
feet shall be required in order to establish an accessory dwelling unit.
(2) Maximum Size. The maximum size of an accessory dwelling unit living
area shall not exceed seven hundred fifty (750) square feet or fifty (50%)
percent of the size of the living area of the primary dwelling unit on the
parcel, whichever is less, and contain no more than one (1) bedroom.
(3) Minimum Size. The accessory dwelling unit shall contain no less than the
220 square feet in living area the City requires for an efficiency dwelling unit
which is defined in Section 17958.1 of the Health & Safety Code.
(4) Lot Coverage. The lot coverage for the parcel, as that term is defined in
this chapter, shall not exceed the percentage specified in the underlying
zoning district.
(5) Design. The design of the accessory dwelling unit shall preserve the
privacy of adjacent uses and be architecturally compatible to the design of
the primary dwelling by use of similar materials and textures, window
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types, roofing materials and roof pitch, and shall comply with the adopted
Citywide Design Guidelines.
(6) Historic Properties. If an accessory dwelling unit is to be constructed on
a parcel identified on the federal, state or local list of historic resources,
the accessory dwelling unit shall conform to the United States Secretary of
Interior's official Standards for the Treatment of Historic Properties. If the
proposed accessory dwelling unit is placed or constructed so as to result
in a modification of the existing historic resource on the parcel, a
certificate of appropriateness shall be issued by the Historic Resources
Commission upon the finding that the proposed accessory dwelling unit
conforms to the United States Secretary of Interiors 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.
Sec. 41-194.6 - Development Standards — Detached Accessory Dwelling Units.
Detached accessory dwelling units shall comply with all provisions in Sec. 41-194.5, in
addition to the following:
(t) Setbacks. The accessory dwelling unit shall comply with the front and
side yard setback standards prescribed in the zoning district, and shall
have a rear yard setback of not less than ten (10) feet.
(2) Maximum Height A detached accessory dwelling unit shall not exceed
fifteen (15) feet in height, as measured from the lowest adjacent grade of the
structure to the top of the structure.
(3) Separation. There shall be a minimum of fifteen (15) feet separation
between the primary dwelling unit and a detached accessory dwelling unit
and a minimum of five (5) feet between a detached accessory dwelling unit
and an accessory building. Separation shall be measured from the exterior
wall of the primary dwelling unit or attached structure to the nearest wall of
the accessory dwelling unit or attached structure.
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(4) Site Planning. A detached accessory dwelling unit shall be located behind
the rear building line of the primary dwelling, and be clearly subordinate by
location and size.
Sec. 41-194.7 - Development Standards — Attached Accessory Dwelling Units.
Attached accessory dwelling units shall comply with all provision in Sec. 41-194.5, in
addition to the following:
(1) Setbacks. The accessory dwelling unit shall comply with the setback
standards for primary dwellings prescribed in the zoning district.
(2) Maximum Height. The height of an attached accessory dwelling unit shall
not exceed the height limit applied to a primary dwelling unit in the
underlying zoning district.
(3) Exterior Stairs. An attached accessory dwelling unit shall have no exterior
stairs.
(4) Entrances. No attached accessory dwelling unit shall have an outside door
on the primary elevation of the primary dwelling unit or an outside door that
is visible from the street.
Sec. 41-194.8 - Development Standards — Conversion of an Existing Structure. An
existing primary dwelling unit, existing accessory structure, or existing garage, or portion
thereof, converted to an accessory dwelling unit is not subject to the development
standards of subsections 41-194.5 through 41-194.7 provided that the unit complies with all
of the following requirements:
(1) Conversion of an existing structure. Is contained within a single-family
dwelling, accessory structure or garage that was legally established prior to
the adoption of this ordinance;
(2) Maximum Size. Is a maximum of seven hundred fifty (750) square feet of
living area in size or fifty (50%) percent of the size of the living area of the
primary dwelling unit on the parcel, whichever is less;
(3) Minimum Size. Is no less than the minimum 220 square feet in living area
the City requires for an efficiency dwelling unit which is defined in Section
17958.1 of the Health & Safety Code;
(4) Setbacks: The side and rear setbacks of the accessory dwelling unit
comply with building code provisions related to life and fire safety.
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(5) Independent Access. Has independent exterior access from the existing
residence, which shall not be located on the primary elevation of the primary
dwelling;
(6) Independent Living Facilities. Has independent living, sleeping, eating, a
single kitchen for cooking, and sanitation facilities for one or more persons;
and,
(7) Passageway. No passageway shall be required in conjunction with the
construction of an accessory dwelling unit. For the purpose of this section,
"passageway" shall mean a pathway that is unobstructed clear to the sky
and extends from a street to one entrance of the accessory dwelling unit.
Sec. 41-194.9 - Parking. All accessory dwelling units must meet the following parking
standards in addition to the required off-street parking for the primary dwelling on the site.
(1) One (1) parking space shall be provided for all accessory dwelling units
regardless of number of bedrooms, unless the accessory dwelling unit is
constructed as a studio without bedrooms, in which case no parking is
required.
(2) When an existing garage is demolished in conjunction with the construction
of an accessory dwelling unit, or converted to an accessory dwelling unit,
replacement garage spaces for the primary dwelling unit shall not be
required.
Sec. 41-194.10 - Parking Exceptions. No off-street parking shall be required for an
accessory dwelling unit in any of the following circumstances:
(1) The accessory dwelling unit is located within one-half mile of public transit.
For the purposes of this section "public transit' shall mean a bus stop with
fixed route express bus service that provides transit service at 15 -minute
intervals or better during peak commute periods.
(2) The accessory dwelling unit is located within an architecturally and historically
significant historic district.
(3) The accessory dwelling unit is part of the existing primary dwelling or an
existing accessory structure.
(4) When on -street parking permits are required but not offered to the
occupant of the accessory dwelling unit.
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(5) When there is a car share vehicle located within one block of the
accessory dwelling unit. For the purposes of this section, "car -share
vehicle' shall mean part of an established program intended to stay in a
fixed location for at least 10 years and available to the public.
Sec. 41-194.11 - Non -conforming Properties.
(1) Legal nonconformities of the existing primary dwelling, except for legal
nonconformities related to the parking standards of this chapter, shall
be allowed to remain provided nonconformities are not expanded or
any new nonconformities are created.
(2) A lot shall comply with the current parking standards of this chapter
prior to or concurrent with the establishment of an accessory dwelling
unit.
Sec. 41-194.12 - Restrictive Covenant. Prior to issuance of a building permit for an
accessory dwelling unit, a covenant consenting that either the primary dwelling unit or the
accessory dwelling unit shall be owner -occupied shall be recorded against the title of the
property in the County Recorder's office and a copy filed with the Planning Division. Said
covenant shall run with the land, and shall bind all future owners, heirs, successors, or
assigns. The form of the deed restriction shall be provided by the City and shall provide
that:
(1) The accessory dwelling unit shall not be sold separately from the primary
dwelling.
(2) The unit is restricted to the approval size and attributes of this chapter.
(3) The covenant restrictions run with the land and may be enforced against
future purchasers.
(4) The covenant restrictions may be removed if the owner eliminates the
accessory dwelling unit.
(5) The covenant restriction shall be enforced by the Director of Planning and
Building or his or her designee for the benefit of the City of Santa Ana.
Failure of the property owner to comply with the covenant restrictions may
result in legal action against the property owner and the City shall be
authorized to obtain any remedy available to it at law or equity, including but
not limited to obtaining injunction enjoining use of the accessory dwelling
unit in violation of the recorded restrictions or abatement of the illegal unit.
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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, at seq., may file an application for a minor
exception which shall be heard by the zoning administrator pursuant to Article V of this
chapter. Such application may include a request to vary from the standards of section 41-
194, et seq. The decision of the zoning administrator on such application may be appealed
to the planning commission pursuant to said Article V.
Sec. 41-194.14 - Applicability to other regulations. The provisions of this article are not
intended to provide exclusive regulation of accessory dwelling units. Such uses must
comply with any and all applicable regulations imposed in other articles of the zoning code,
other city ordinances and state and federal law. Should a conflict exist between the
provisions of this article and the provisions of other articles of Chapter 41 of this Code, the
provisions of this article shall prevail.
Section 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 to 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
accessory dwelling units provided, however, that all utility cables or wires between the
primary residence and a detached 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.
(a) Rehabilitation of a nonconforming building whose primary use is a single-family
dwelling or a two-family dwelling is permitted:
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(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 nonconformities 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 otherwise eligible to build an accessory dwelling unit shall not disqualify it
from building an accessory dwelling unit.
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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: Z4C'
Lisa Storck
Assistant City Attorney
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
0111[:1
Miguel A. Pulido
Mayor
11 A-29
Ordinance No. NS -2940
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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 -2940 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
11 A-30
Ordinance No. NS -2940
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