Loading...
HomeMy WebLinkAboutItem 28 - Urgency Ordinance to Amend Article II (Use Districts) of Chapter 41 (Zoning) of SAMC Planning and Building Agency www.santa-ana.org/pb Item # 28 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report December 6, 2022 TOPIC: Urgency Ordinance to Amend Article II (Use Districts) of Chapter 41 (Zoning) of the Santa Ana Municipal Code in Compliance with Changes to State Law Pertaining to Accessory Dwelling Units. AGENDA TITLE: Zoning Ordinance Amendment No. 2022-06 – An Urgency Ordinance of the City Council of the City of Santa Ana amending Article II (Use Districts) of Chapter 41 (Zoning) of the Santa Ana Municipal Code Relating to Accessory Dwelling Units (ADUs) in Compliance with Changes to State ADU Law Enacted Under Assembly Bill 2221 and Senate Bill 897 That Will Take Effect on January 1, 2023 RECOMMENDED ACTION Approve Zoning Ordinance Amendment No 2022-06 and adopt the Urgency Ordinance by two-thirds (2/3) vote to amend Article II (Use Districts) of Chapter 41(Zoning) of the Santa Ana Municipal Code related to accessory dwelling units. EXECUTIVE SUMMARY On September 28, 2022, Governor Newsom signed new housing laws including Assembly Bill (AB) 2221 and Senate Bill (SB) 897, amending state accessory dwelling unit (ADU) law. Both bills will become effective January 1, 2023, at which time the entirety of any local ordinance that does not conform to enacted changes will become null and void. The proposed urgency ordinance will amend several sections of the zoning code to make Santa Ana’s local ordinance consistent with changes to state ADU law. If the ordinance amendments are not adopted by two-thirds (2/3) vote and effective prior to January 1, 2023, the entirety of Santa Ana’s ADU ordinance will be null and void and applications for ADUs and Junior Accessory Dwelling Units (JADUs) will be subject to only the minimum development standards included in Government Code section 65852.2 et seq. Specifically, staff proposes amendments to SAMC Sections 41-194.1 (Definitions), 41-194.2 (Permitted zones and applicability), 41-194.3 (Development standards), and 41-194.7 (Applicability to other regulations). DISCUSSION ADUs are seen as a critical component in addressing the statewide housing shortage. As such, the California Legislature has enacted bills making changes to state ADU law in nearly every legislative session since 2016. Collectively, the bills have made changes to development and design standards that can be imposed by local agencies, made changes to the number of units that can be constructed on a property, set limits on parking standards and included parking exemptions, required streamlined review processes, and ZOA No. 2022-06 – Urgency Ordinance December 6, 2022 Page 2 3 0 7 0 prescribed that local ordinances that are not in complete compliance with state ADU law are null, void, and superseded by state law. AB 2221 and SB 897 are the latest bills enacted by the legislature and signed by the Governor that will make changes to state ADU law. Together, the bills will allow taller units, encroachment into the front yard setback to accommodate an ADU of at least 800 square feet in size, clarify that non-habitable space attached to a single-family residence, such as an attached garage, can be converted into a JADU, require an interior entry between a primary residences and a JADU when sanitation facilities are shared, and include a series of amendments to application review procedures. Both bills will take effect on January 1, 2023, and will make Santa Ana’s local ordinance null and void if conflicts are not amended and in effect before then. To ensure Santa Ana’s local ordinance remains consistent with state law and thereby enforceable, several sections of Article II (Use Districts) of Chapter 41 (Zoning) relating to ADUs and JADUs are impacted and must be amended. Table 1 below and on the following pages provides a summary of the major changes necessary to make Santa Ana’s local ADU ordinance consistent with state law. If adopted by the necessary two- thirds (2/3) vote, the proposed changes would become effective immediately citywide. Table 1: ZOA No. 2022-06 Current and Proposed Text Regulations Item Existing Zoning Code Regulations State Law Proposed Zoning Code Regulations Interior Entry Sec. 41-194.1(4) allows JADUs to share sanitation facilities with primary dwelling. If a permitted JADU does not include a separate bathroom, an interior entry to the primary dwelling shall be provided. Update Sec. 41-194.1(4) to explicitly require an interior connection between a JADU and the primary unit when sanitation facilities will be shared. Multiple Single-family Residences on a Single Lot Sec. 41-194.2(C) permits ADUs on lots developed or proposed to be developed with a single- family residence. However, the existing ordinance does not clearly express how many ADUs are permitted on lots with multiple detached single- family residences. Permits one ADU on lots developed or proposed to be developed with multiple detached single-family residences. Update Sec. 41-194.2(C) to expressly state that only one ADU is permitted on lots developed or proposed to be developed with a single-family residence or multiple detached single-family residences. Multi-family Buildings Sec. 41-194.2(D) permits conversion of non- habitable square footage within a multi-family building at a rate up to 25 percent the number of units on the lot. Additionally, the section Permits conversion of non-habitable square footage within a multi- family building at rate up to 25 percent the number of units on the lot. Additionally, permits two detached ADUs. Make clarifying edits to Sec. 41- 194.2(D) to explicitly state that the two permitted detached ADUs can be provided through new construction or conversion of existing detached accessory buildings, or combination thereof. ZOA No. 2022-06 – Urgency Ordinance December 6, 2022 Page 3 3 0 7 0 permits two detached units, or conversion of existing accessory buildings to a total of two ADUs. Non-habitable Space Sec. 41-194.2(E) permits the development of a JADU on lots developed with a single-family residence. Sec. 41- 194.1(4) defines a JADU as being contained entirely within the living area of a single-family residence. 1. Specifies that non- habitable space within the primary dwelling structure, such as an attached garage, are considered part of the proposed or existing single-family residence for purposes of JADU construction. 2. JADUs are limited to one per residential lot with a single- family residence. Lots with multiple detached single- family residences are not eligible to have JADUs. 1. Amend Sec. 41-194.2(E) to expressly state that attached non-habitable space, such as an attached garage, can be converted into a JADU. 2. Amend Sec. 41-194.2(E) to prohibit JADUs on lots developed with multiple detached single-family residences. Maximum Size – Attached Local ADU ordinance limits size of attached ADUs to 50 percent of the size of the primary residence, not to exceed 1,000 square feet in size. Allows local ordinances to utilize a percentage to establish maximum unit size for attached ADUs. However, percentage threshold may be exceeded to permit at least an 800 square foot unit. Amend Sec. 41-194.3 (A) to expressly permit exceeding the 50 percent size limit for attached ADUs to allow a unit of at least 800 square feet in size, but in no case shall the attached unit exceed 1,000 square feet in size. 150 Sq. Ft. Expansions Existing ADU ordinance permits expansions of existing accessory buildings being converted into an ADU by up to 150 square feet. However, it does not clarify if new square footage must comply with development standards applicable to new ADUs, or what standards apply in cases where an expansion greater than 150 square feet is proposed. 1. Prohibits application of local development standards when an existing structure is expanded up to 150 square feet in size. 2. Allows local agencies to apply development standards applicable to new ADUs when an existing accessory building is proposed to be expanded beyond 150 square feet in size. 1. Amend Sec. 41-194.3(C) to state that development standards applicable to new ADUs will not apply when existing accessory structures are expanded by up to 150 square feet in size. 2. Amend Sec. 41-194.3(C) to state that development standards for new ADUs will apply when an existing accessory building is proposed to be expanded beyond 150 square feet in size. Maximum Height Existing ADU ordinance applies maximum height 1. ADUs within half- mile of transit shall 1. Add Sec. 41-194.3(E) to permit detached ADUs up ZOA No. 2022-06 – Urgency Ordinance December 6, 2022 Page 4 3 0 7 0 for primary residence to attached ADUs—27 feet in height in R1 and R2 zoning districts. However, limits detached ADUs to 16 feet in height. be permitted up to 18 feet in height, and up to 20 feet if necessary to match roof pitch of primary residence. 2. Attached ADUs shall be permitted up to 25 feet in height or as high as primary residence, whichever is lower. to two stories or 20 feet in height. 2. The existing ADU ordinance permits attached ADUs up to the same maximum height as the primary residence. No change is needed. Front Yard Setback Existing ADU ordinance is silent on front yard setback requirement, as it defers to the underlying zoning district front yard setback requirement Local ordinance may impose front yard setback requirement, but ADUs may encroach into that setback if an ADU of at least 800 square feet cannot be accommodated elsewhere on the lot. Add Sec. 41-194.3(F) to allow encroachment into the required front yard setback in the amount necessary to permit an ADU up to 800 square feet in size. Parking Exemptions Existing ADU ordinance provides six parking exemptions for ADUs. Exemptions include: 1) The ADU is located within one-half (½) mile walking distance of public transit; 2) The ADU is located within an architecturally and historically significant historic district. 3) The ADU is part of the proposed or existing primary residence dwelling or an existing accessory structure; 4) When on-street parking permits are required but not offered to the occupant of the ADU; 5) When there is a car share vehicle located within one (1) block of the ADU; 6) The ADU is constructed as a studio, without bedrooms. Enumerates an additional parking exemption. States that previous six parking exemptions also apply to ADUs being proposed as part of a new single-family or a new multifamily residence on the same lot. Amend Sec. 41-194.3(L) to include new parking exemption. ZOA No. 2022-06 – Urgency Ordinance December 6, 2022 Page 5 3 0 7 0 JADU – Interior Entry In instances where a JADU shares a sanitation facility with the primary residence, new state law requires the JADU to have an interior entry to the primary residence’s main living area, independent of the exterior entrance of the JADU and primary residence. While not expressly stated in the SAMC, the City has been requiring an interior entry or connection between the primary residence and JADU when a sanitation facility is shared as part of the plan review process. Section 41-194.1(4) will be amended to explicitly require an interior connection between a JADU and the primary unit when sanitation facilities will be shared. The proposed amendment will make the local ordinance consistent with changes to state law, but will not result in substantive changes in the review process or the types of products that have been or will be permitted in the City. Multiple Single-family Residences For the purposes of ADU law, building types on properties are categorized as either single- family or multi-family. Single-family is defined as a building containing one or more habitable rooms with only one kitchen, designed for occupancy by one independent household unit. Multi-family is defined as a building, other than a hotel or motel, with two or more attached dwelling units used to house two or more families, living independently of each other. Consistent with the definitions of single-family and multi-family, and with state ADU law, it is necessary to expressly clarify and state in Section 41-194.2(C) that only one ADU is permitted on lots developed with multiple detached single-family residences. Multi-family Buildings The ordinance would amend Section 41-194.2(D) to clarify that two detached ADUs are permitted on sites developed with a multi-family building and that they can be new construction, conversion of existing detached accessory buildings, or any combination thereof. While including two methods by which to permit ADUs on sites developed with a multi-family building was optional, such as through conversion of existing non- habitable space within the building or through construction of two detached units, changes to state law require local agencies to now permit both, meaning allowances for ADU construction on properties with multi-family buildings will be in line with state law. JADU – Non-habitable Space The amendments include updates to Section 41-194.2(E) to specify that non-habitable spaces attached to within the primary residence, including attached garages, are considered part of the proposed or existing single-family residence, consistent with practice and new state law. Additionally, the ordinance includes text clarifying that lots developed with multiple detached single-family dwellings are not eligible to have a JADU, consistent with state law. Maximum Size – Attached ADU Santa Ana’s existing local ordinance limits attached ADUs to 50 percent the size of the primary residence, not to exceed 1,000 square feet in size. The local ordinance can continue to utilize a percentage of the primary dwelling as a maximum unit size for ZOA No. 2022-06 – Urgency Ordinance December 6, 2022 Page 6 3 0 7 0 attached ADUs, but only if it does not restrict the ability to construct an ADU of at least 800 square feet in size. Consistent with state law, it is necessary to amend Section 41-194.3 (A) to expressly permit exceeding the 50 percent size limit for attached ADUs to allow a unit of at least 800 square feet in size. Maximum Height New state law will require that local agencies permit taller ADUs under certain circumstances. For example, detached ADUs located within one half-mile of a major transit stop or high quality transit corridor may be up to 18 feet in height and up to 20 feet if necessary to match the roof pitch of the ADU to that of the main house. Since Santa Ana is a transit-rich community, nearly the entire city is located within half-mile of transit. Additionally, Santa Ana’s Citywide Design Guidelines, which apply to ADUs, require that the roof pitch match that of the primary residence. Taken together, nearly all detached ADUs would qualify to be built up to a maximum of 20 feet in height. Consistent with state law, revising the standard to two stories or 20 feet maximum in height will simplify application of the standard and streamline review of such proposals. No change is needed to attached ADU height limit as it complies with new state law. Front Yard Setback New state law continues to allow local agencies to impose a front yard setback; however, it must yield to the extent necessary to enable the construction of an ADU that is at least 800 square feet in size. The previous state law included similar “must yield” provisions for other development standards such as lot coverage, separation criteria, and open-space requirements. To maintain consistency with state law, the ordinance would allow encroachment into the required front yard setback in the amount necessary to permit an ADU up to 800 square feet in size. Parking Exemption Santa Ana’s existing ordinance provides six parking exemptions that are all required by state law. Those parking exemptions are: 1) The ADU is located within one-half (½) mile walking distance of public transit; 2) The ADU is located within an architecturally and historically significant historic district; 3) The ADU is part of the proposed or existing primary residence dwelling or an existing accessory structure; 4) When on-street parking permits are required but not offered to the occupant of the ADU; 5) When there is a car share vehicle located within one (1) block of the ADU; and 6) The ADU is constructed as a studio, without bedrooms. New state law will add one additional parking exemption to explicitly state that the existing parking exemptions also apply in situations when a permit application for an ADU is submitted with a permit application to create a new single-family residence or a new multifamily residence. The ordinance would include the new exemption in accordance with state law. ENVIRONMENTAL IMPACT Pursuant to the California Environmental Quality Act (“CEQA”) and the CEQA Guidelines, the adoption of this Ordinance is exempt from CEQA review pursuant to Section 15282(h) which provides a statutory exemption for the adoption of an ordinance ZOA No. 2022-06 – Urgency Ordinance December 6, 2022 Page 7 3 0 7 0 regarding second units in a single-family or multifamily residential zone by a city or county to implement the provisions of Sections 65852.1 and 65852.2 of the Government Code as set forth in Section 21080.17 of the Public Resources Code. As a result, Environmental Review No. 2022-108 will be filed upon adoption of this ordinance. FISCAL IMPACT There is no direct fiscal impact associated with this action. EXHIBIT(S) 1. Ordinance for ZOA No. 2022-06 2. Copy of Public Notice Submitted By: Minh Thai, Executive Director of Planning and Building Agency Approved By: Kristine Ridge, City Manager Ordinance No. NS-XXX Page 1 of 8 ORDINANCE NO. NS-XXX AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING ARTICLE II (USE DISTRICTS) OF CHAPTER 41 (ZONING) OF THE SANTA ANA MUNICIPAL CODE RELATING TO ACCESSORY DWELLING UNITS IN COMPLIANCE WITH CHANGES TO STATE ADU LAW ENACTED UNDER ASSEMBLY BILL 2221 AND SENATE BILL 897 WHEREAS, in Government Code section 65852.150, the California Legislature found and declared that, among other things, allowing Accessory Dwelling Units (“ADUs”) in zones that permit single-family and multifamily uses provides additional rental housing and is an essential component in addressing California’s housing needs; and WHEREAS, the legislature has periodically revised State law governing local regulation of the development of ADUS and Junior Accessory Dwelling Units (“JADUs”), to which law charter cities like Santa Ana are subject; and WHEREAS, in 2022, the California Legislature approved, and the Governor signed into law Assembly Bill 2221 and Senate Bill 897, both of which amended Government Code section 65852.2, the primary provision of State ADU law; and WHEREAS, AB 2221 and SB 897 both take effect on January 1, 2023, at which time any local ordinance will become null and void if it does not conform to the changes to State ADU law enacted by AB 2221 and SB 897; and WHEREAS, the City of Santa Ana accordingly desires to amend and update its local regulations governing the development of ADUs and JADUs to render them consistent with State ADU law; and WHEREAS, there is a current and immediate threat to the public health, safety, or welfare if the City’s local regulations governing the developments of ADUs and JADUs were to become null and void on January 1, 2023, as that would threaten the orderly development of ADUs and JADUs and potentially work an adverse impact on existing neighborhoods, as well as negatively impact property values, personal privacy, and fire safety. These threats to public safety, health, and welfare justify adoption of this ordinance as an urgency ordinance to be effective immediately upon adoption by a two- thirds vote of the City Council; and WHEREAS, pursuant to Santa Ana City Charter sections 415 and 417, based on the above findings, this Ordinance is declared by the City Council to be necessary as an emergency measure to protect and preserve the health, safety and welfare of the citizens of the City of Santa Ana and will become effective immediately if passed by the affirmative votes of at least two-thirds (2/3) of the members of the City Council. The City Council hereby finds that there is an urgent need to adopt these regulations in order to address the current and immediate threats set forth above. Ordinance No. NS-XXX Page 2 of 8 NOW, THEREFORE, the City Council of the City of Santa Ana does ordain as follows: Section 1. The recitals above are each incorporated by reference and adopted as findings by the City Council. Section 2. Section 41-194.1 (Definitions) of Article II of Chapter 41 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 41-194.1. - Definitions. As used in this section, the following words, terms or phrases have the following meanings: (1) "Accessory dwelling unit" or "ADU" means an attached or detached residential dwelling unit that provides complete independent living facilities for one (1) or more persons and is located on a lot with a proposed or existing primary residential building. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel that the primary residential building is situated or will be situated. It shall have the same meaning as that term is defined in California Government Code section 65852.2, as amended from time to time. (2) "Existing accessory structure" means an accessory structure, as defined in this chapter, which was legally established and existing prior to the submittal of an ADU or JADU application. (3) "Existing carport" and "Existing covered parking structure" and "Existing garage" means a building or portion of a building designed or used for parking or storage of motor vehicles that was legally established and existing prior to the submittal of an ADU or JADU application. (4) "Junior accessory dwelling unit" or "JADU" means a unit that is no more than five hundred (500) square feet in size, contained entirely within the living area of a single-family residence, provides a cooking facility with appliances, food preparation counter and storage cabinets that are of reasonable size in relation to the unit, and has independent exterior access. A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the existing structure when an interior connection to the primary unit where the sanitation facilities are located is provided. (5) "Living area" means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure. (6) "Mixed-use" for purposes of ADU development means a development that combines residential land use with one (1) or more additional land uses where uses are physically and functionally integrated (horizontally or vertically). Ordinance No. NS-XXX Page 3 of 8 (7) "Multi-family building" for purposes of ADU development means a building, other than a hotel or motel, with two (2) or more attached dwelling units used to house two (2) or more families, living independently of each other. (8) "Public transit" means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public. (9) "Single-family residence" means a residential building containing one (1) or more habitable rooms with only one (1) kitchen, designed for occupancy by one (1) independent household unit with common access to, and common use of all living, kitchen and bathroom areas. (10) "Tandem parking" means that two (2) or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another. Section 3. Section 41-194.2 (Permitted zones and applicability) of Article II of Chapter 41 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 41-194.2. - Permitted zones and applicability. (A) ADUs and JADUs may be permitted in all zoning districts where residential or mixed-use development is permitted. (B) The executive director of the planning and building agency, or his/her designee, shall review and approve or deny ministerial permits for ADUs and JADUs upon determining whether the application submitted is complete, the proposed unit conforms to all requirements of this Code, and a non-refundable application review fee in the amount established by the city council, and amended from time to time, has been paid. Applications deemed incomplete or not in full conformance with the requirements of this Code will be rejected. (C) LotsSites developed or proposed to be developed with a single-family residence or multiple detached single-family residences shall not be permitted more than one (1) ADU. (D) LotsSites developed with a multi-family building may convert existing non- habitable square footage within the building to a minimum of one (1) ADU and a maximum that shall not exceed twenty-five (25) percent of the number of units on the lotsite. LotsSites developed with a multi-family building are also permitted to construct two (2) detached ADUs. Those detached ADUs may be provided through or to conversiont of existing detached accessory buildings, garages, carports, or covered parking structures, new construction, or combination thereof. to a maximum of two (2) ADUs. (E) A maximum of one (1) JADU shall be permitted on a lotsite developed or proposed to be developed with a single-family residence, unless the subject site proposes or Ordinance No. NS-XXX Page 4 of 8 contains an attached ADU. In such cases, a JADU shall not be permitted. For purposes of this paragraph, non-habitable spaces attached to or within the primary residence, such as an attached garage, is considered a part of the proposed or existing single-family residence and may be converted into a JADU. Lots with multiple detached single-family residences are not eligible to have a JADU. (F) An ADU shall only be sold or otherwise conveyed separately from the primary building on the lotsite if the primary building and the ADU were built or developed by a qualified non-profit corporation in accordance with Government Code Section 65852.26, as amended from time to time, and an affordable housing agreement is entered into by the applicant and the city. Section 4. Section 41-194.3 (Development standards) of Article II of Chapter 41 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 41-194.3. - Development standards. The development standards in Table 41-194.3 shall be applicable to all ADUs accessory dwelling units and JADUs junior accessory dwelling units. Additional provisions related to ADUs accessory dwelling units and JADUs junior accessory dwelling units are referenced in the "Additional Provisions" column of the table. Such provisions may include references to other applicable code sections or limitations. City of Santa Ana Municipal Code Table 41-194.3 Specific Regulations ADU JADU Additional Provisions Attached Detached Minimum Size 220 sq. ft. 220 sq. ft. 220 sq. ft. Maximum Size 1,000 sq. ft. 1,000 sq. ft. 500 sq. ft. (A)(B)(C)(D) Maximum Height Same as primary building 2016 ft. Same as primary building (E) Minimum Front Yard Setback Same as primary building Same as primary building Same as primary building (F) Minimum Side Yard Setback 4 ft. 4 ft. Same as primary building (GD) Minimum Street Side Setback (Corner Lots) 4 ft. 4 ft. Same as primary building (G) Ordinance No. NS-XXX Page 5 of 8 Minimum Rear Yard Setback 4 ft. 4 ft. Same as primary building (GD) Maximum Lot Coverage/Use Intensity Same as zoning district Same as zoning district Same as zoning district (HE) Open Space 1,200 sq. ft. 1,200 sq. ft. - (IF)(JG) Separation from Primary Buildings - 15 ft. - (KH) Separation from Accessory Buildings 5 ft. 5 ft. -Same as primary building (KH) Minimum Parking 1 space 1 space - (LI)(LJ) Tandem Parking Permitted Permitted Permitted Design Guidelines Apply Apply Apply (A) Attached ADUs shall not exceedmay be fifty (50) percent of the size of the habitable space of the primary residencedwelling on the lotsite. Attached ADUs may only exceed fifty (50) percent of the size of the habitable space of the primary dwelling to accommodate an ADU up to eight hundred (800) square feet in size. ,In no case shall the attached ADU not to exceed one thousand (1,000) square feet in size. (B) ADUs may not exceed eight hundred (800) square feet in size in cases where both an ADU and JADU are developed or proposed on a lotsite. (C) Existing accessory structures may be converted into an ADU and may be expanded by up to one hundred fifty (150) square feet of the existing footprint to accommodate ingress and egress only. Development standards applicable to new ADUs shall not apply to one hundred fifty (150) square foot expansions. If an expansion of an accessory structure beyond one hundred fifty (150) square feet is proposed, the ADU shall be subject to and comply with all development standards applicable to a new ADU. (D) The conversion of an existing accessory structure or a portion of the existing primary residence to an ADU is not subject to size requirements. Ordinance No. NS-XXX Page 6 of 8 (E) Detached ADUs shall not exceed two (2) stories or twenty (20) feet in height, as measured from the lowest adjacent grade of the structure to the highest point of the roof on the structure. The conversion of an existing accessory structure or a portion of the existing primary residence to an ADU is not subject to height requirements. (F) An ADU may encroach into the required front yard setback to permit an ADU up to eight hundred (800) square feet in size. The conversion of an existing accessory structure or a portion of the existing primary residence to an ADU is not subject to setback requirements. (GD) No minimum setback shall be required for an ADU constructed in the same location and to the same dimensions as an existing structure that encroached into a required setback that was demolished to construct the proposed unit. This provision shall not apply to conversions of existing buildings. (HE) Lot coverage and use intensity maximum established in zoning district may be exceeded to permit an ADU up to eight hundred (800) square feet in size. This provision shall not apply to conversions of existing buildings. The conversion of an existing accessory structure or a portion of the existing primary residence to an ADU is not subject to lot coverage requirements. (IF) Required open space may be reduced to permit an ADU up to eight hundred (800) square feet in size. Open space requirement shall only apply to properties developed or proposed to be developed with a single-family residence. This provision shall not apply to conversions of existing buildings. The conversion of an existing accessory structure or a portion of the existing primary residence to an ADU is not subject to open space requirements. (JG) Shall be usable, continuous, non-front yard open-space, excluding driveways and parking areas. Any open space with a minimum dimension of fifteen (15) feet by fifteen (15) feet shall be deemed continuous open space. (KH) Separation requirement may be reduced to permit an ADU up to eight hundred (800) square feet in size. Separation shall be measured from the nearest points between the structures. This provision shall not apply to conversions of existing buildings. The conversion of an existing accessory structure or a portion of the existing primary residence to an ADU is not subject to separation requirements. (LI) No parking for the ADU is required if one (1) or more of the following applies: 1. The ADU is located within one-half (½) mile walking distance of public transit. 2. The ADU is located within an architecturally and historically significant historic district. 3. The ADU is part of the proposed or existing primary residencedwelling or an existing accessory structure. Ordinance No. NS-XXX Page 7 of 8 4. When on-street parking permits are required but not offered to the occupant of the ADU. 5. When there is a car share vehicle located within one (1) block of the ADU. 6. The ADU is constructed as a studio, without bedrooms. 7. When a permit application for an ADU is submitted with a permit application to create a new single-family residence or a new multifamily residence on the same lot, provided that the ADU or the lot satisfies any other criteria listed in items 1. through 6. above. (MJ) When an existing garage, carport, or other covered parking structure is demolished in conjunction with the construction of an ADUaccessory dwelling unit, or converted to an ADUaccessory dwelling unit, replacement of those off-street parking spaces shall not be required. If an existing garage, carport, or other covered parking structure is demolished in conjunction with the construction of an ADU, the demolition permit shall be issued at the same time as the permit for the ADU. Section 5. Section 41-194.7 (Applicability to other regulations) of Article II of Chapter 41 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 41-194.7. - Applicability to other regulations. ADUsAccessory dwelling units and JADUsjunior accessory dwelling units must comply with any and all applicable regulations imposed in other articles of the zoning code, other city ordinances and state and federal law. Should a conflict exist between the provisions of this article and the provisions of other articles of Chapter 41 of this Code, the provisions of this article shall prevail. Section 6. The City Council finds and determines that this Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Section 15282(h) of the State CEQA Guidelines, which provides a statutory exemption for the adoption of an ordinance regarding second units in a single-family or multifamily residential zone by a city or county to implement the provisions of Sections 65852.1 and 65852.2 of the Government Code, as further set forth in Section 21080.17 of the Public Resources Code. Section 7. The City Council hereby declares, based on the findings set forth above, the urgency exists and that this Ordinance is necessary and appropriate to preserve the public health, safety, and welfare. Section 8. This ordinance shall become effective immediately upon its adoption. Section 9. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that Ordinance No. NS-XXX Page 8 of 8 it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 10. The Clerk of the Council shall certify the adoption of this ordinance and shall cause the same to be published as required by law. ADOPTED this _______ day of ___________, 2022. _________________________ Vicente Sarmiento Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By:_________________________ John M. Funk Chief Assistant City Attorney AYES: Councilmembers ______________________________________ NOES: Councilmembers _______________________________________ ABSTAIN: Councilmembers _______________________________________ NOT PRESENT: Councilmembers _______________________________________ CERTIFICATE OF ATTESTATION AND ORIGINALITY I, ______________, Clerk of the Council, do hereby attest to and certify the attached Ordinance No. NS-____________ to be the original ordinance adopted by the City Council of the City of Santa Ana on _______________, and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: ________________ ____________________________________ Clerk of the Council City of Santa Ana CITY OF SANTA ANA Planning and Building Agency 20 Civic Center Plaza ● P.O. Box 1988 Santa Ana, California 92702 www.santa-ana.org/pba NOTICE OF PUBLIC HEARING BEFORE THE CITY COUNCIL OF THE CITY OF SANTA ANA, CA. The City of Santa Ana encourages the public to participate in the decision-making process. The following notice is being provided so that you can ask questions, make comments and stay informed about projects that might be important to you. We encourage you to contact us prior to the Public Hearing if you have any questions. NOTICE IS HEREBY GIVEN - The City Council of the City of Santa Ana will hold a public hearing to receive public testimony and will take action on the item described below. Proposed Action: Adopt an urgency ordinance approving Zoning Ordinance Amendment No. 2022-06 to amend several sections of Article II (Use Districts) of Chapter 41(Zoning) of the Santa Ana Municipal Code (SAMC) related to accessory dwelling units (ADUs) to maintain consistency with and amend to reflect modifications to state ADU law scheduled to take effect January 1, 2023. Environmental Impact: Pursuant to the California Environmental Quality Act (“CEQA”) and the State CEQA Guidelines, adoption of this Ordinance is exempt from CEQA review pursuant to Section 15282(h) which provides a statutory exemption for the adoption of an ordinance regarding second units in a single-family or multifamily residential zone by a city or county to implement the provisions of Sections 65852.1 and 65852.2 of the Government Code as set forth in Section 21080.17 of the Public Resources Code. Environmental Review No. 2022-108 will be filed upon adoption of this ordinance. Meeting Time and Date: This matter will be heard on Tuesday, December 6, 2022, at 5:45 p.m. or thereafter in the City Council Chambers, 22 Civic Center Plaza, Santa Ana, CA 92701. All interested persons can refer to the following link on the date of the meeting for more information and instruction for participating in the meeting https://www.santa-ana.org/agendas-and-minutes/. How To Make Comments: If you do not wish to appear at the public hearing, you may also send your written comments to the Clerk of the Council, by mail to City of Santa Ana, 20 Civic Center Plaza – M30, Santa Ana, CA 92701 or via e-mail at ecomments@santa-ana.org (reference “City Council meeting”) by 12:00 p.m. on Monday, the day before the meeting; e-mails received after said time will be on file for public viewing the day after the meeting. Who To Contact For Questions: Should you have any questions, please contact Ricardo Soto with the Planning and Building Agency by phone at (714) 667-2793 or by email at RSoto@santa- ana.org. Where To Get More Information - All staff reports regarding any item on this agenda are available for public inspection in the Clerk of the Council Office during regular business hours and posted on the City’s website the Tuesday before a Council meeting at: https://www.santa- ana.org/agendas-and-minutes/. Si tiene preguntas en español, favor de llamar a Kelly Arcadio-Tajonar al (714) 647-5881. Nếu cần liên lạc bằng tiếng Việt, xin điện thoại cho Tony Lai số (714) 565-2627. If you challenge the decision on the above matter, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council of the City of Santa Ana at, or prior to, the public hearing. Clerk of the Council Publish Orange County Reporter - Legal Section; Date: November 25, 2022