NS-3076 - Accessory Dwelling Units (ADUs) Amendments

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Section 4. Section 41-194.2 (Permitted zones and applicability) of Article II of Chapter 41 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 41-194.2. - Permitted zones and applicability. (A) ADUs and JADUs may be permitted in all zoning districts where residential or mixed- use development is permitted. (B) The executive director of the planning and building agency, or his/her designee, shall review and approve or deny ministerial permits for ADUs and JADUs upon determining whether the application submitted is complete, the proposed unit conforms to all requirements of this Code, and a non-refundable application review fee in the amount established by the city council, and amended from time to time, has been paid. Applications deemed incomplete or not in full conformance with the requirements of this Code will be rejected. (C) Lots developed or proposed to be developed with a single-family residence or multiple detached single-family residences shall not be permitted more than one (1) ADU. (D) Lots developed with a multi-family building may convert existing square footage within the building not used as livable space to a minimum of one (1) ADU and a maximum that shall not exceed twenty-five (25) percent of the number of units on the lot. (E) Lots developed with a multi-family building are, in addition to units permissible by subsection (D), permitted to construct up to eight (8) detached ADUs; however, the number of detached ADUs shall not exceed the number of existing units on the lot. Those detached ADUs may be provided through conversion of existing detached accessory buildings, garages, carports, covered parking structures, new construction, or combination thereof. (F) Lots proposed to be developed with a multi-family building are permitted to construct up to two (2) detached ADUs. (G) A maximum of one (1) JADU shall be permitted on a lot developed or proposed to be developed with a single-family residence. For purposes of this paragraph, non- habitable spaces attached to or within the primary residence, such as an attached garage, is considered a part of the proposed or existing single-family residence and may be converted into a JADU. Lots with multiple detached single-family residences are not eligible to have a JADU. (H) An ADU shall only be sold or otherwise conveyed separately from the primary building on the lot if the primary building and the ADU were built or developed by a qualified non-profit corporation in accordance with Government Code Section 65852.26, as amended from time to time, and an affordable housing agreement is entered into by the applicant and the city. Section 5. Section 41-194.3 (Development standards) of Article II of Chapter 41 of the Santa Ana Municipal Code is hereby amended to read as follows: Ordinance No. NS-3076 6 of 10