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HomeMy WebLinkAboutNS-1701 REL:adu 8/1/83 Rev. 9/27/83 ORDINANCE NO. NS- 1701 AN ORDINANCE OF THE CITY OF SANTA ANA ADDING SECTIONS 41-194, 41-194.1, AND 41-194.2 TO THE SANTA ANA MUNICIPAL CODE TO PROVIDE FOR THE REGULATION OF SECOND DWELLING UNITS ON PARCELS ZONED FOR SINGLE-FAMILY DWELLING UNITS THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS; SECTION 1: That the Santa Ana Municipal Code is hereby amended by adding a section, to be numbered 41-194, which said section reads as follows: Sec. 41-194. Second dwelling units - construction Notwithstanding any other provision of this chapter, a second dwelling unit may be constructed and maintained on a parcel in the Al, RE or R1 use districts which is already improved with one single-family dwelling unit, either as a detached unit, an attachment to the existing unit~ or as a division of space within the existing unit, without additional off-street parking beyond that required for the existing dwelling unit, provided the following conditions are met. (1) The second unit contains no more than one kitchen, no more than two sleeping rooms, and no more than the 640 square feet of total floor space. (2) The parcel contains at least 6000 square feet and is located within an area that is designated on the general plan as being in the medium density, medium-high density, or high-density residential land use category. (3) The primary dwelling unit was constructed prior to the effective date of the ordinance adding this section to this chapter. (4) The parcel as improved with the second unit shall comply with all provisions of this chapter other than restrictions on the number of dwelling units and off-street parking requirements, and shall comply with all off-street parking requirements which would apply to the parcel without the second dwelling unit. (5) Ail construction shall be in accordance with plans and drawings approved by the director of planning and devel- opment services as showing compliance with the above conditions, and as satisfying the following standards: ORDINANCE NO. NS-l?01 Page Two (a) The structural quality and appearance of the second unit shall be comparable and compatible with other dwellings in the near vicinity. (b) The construction of the second unit shall be consistent with any specific plan adopted by the City for the neighborhood in which the parcel is located. (6) The owner or owners of the parcel shall file with the director of planning and development services a certif- icate stating the following: (a) That the owner or owners consent to the development and maintenance of the parcel in accordance with the provisions of this section and section 41-194.1. (b) That the owner or owners reside in the pri- mary unit. (c) The person or persons occupying the second unit will be either 60 years of age or older or permanently disabled, and no more than two such persons will be in oc- cupation of such second unit. SECTION 2: That the Santa Ana Municipal Code is hereby amended by adding a section, to be numbered 41-194.1, which said section reads as follows: Sec. 41-194.1 Same - occupation No person or persons owning any parcel on which a second dwelling unit has been constructed pursuant to Section 41-194 shall permit any person to occupy such second unit unless the following conditions are satisfied: with 194. (1) Ail development on the site must be in the plans and drawings approved pursuant to accordance section 41- (2) The owner or owners of the parcel must reside in the primary dwelling unit on the parcel. (3) The person or persons in occupation of the second unit must be either 60 years of age or older or permanently ORDINANCE NOi. NS-1701 Page three disabled, and no more than two such persons can be in occu- pation of such second unit. (4) The owner or owners of the parcel must have on file with the director of planning and development service a certificate not more than one year old stating the facts showing compliance with conditions (2) and (3) of this section. SECTION 3: That the Santa Ana Municipal amended by adding a section, to be numbered said section reads as follows: Code is hereby 41-194.2, which Sec. 41-194.2 Same - Responsibilities of the Director; fees (1) The director of planning and development services shall prepare written procedures for the implementation of sections 41-194 and 41-194.1, which may include standards and forms for plans and drawings and certificates required by those sections. (2) Any person aggrieved by a determination of the director of planning and development services to disapprove plans and drawings submitted pursuant to section 41-194 may appeal such determination to the planning commission, whose decision on the matter shall be final. (3) The City Council may by resolution establish a fee to compensate the city for the administrative cost of the plans and drawings review procedures required by section 41- 194 and this section. SECTION 4: If any section, subsection, sentence, clause, phrase or pOrtion o2this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court or competent jurisdiction, such decision shall not affect the validity of the remaining portions of this or- dinance. 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. ORDINANCE NO. Page four NS- 1701 SECTION 5: Neither the adoption of this ordinance nor the repeal hereby of any ordinance shall in any manner affect the prosecution for violation of ordinances, which violations were committed prior to the effective date hereof, nor be construed as affecting any of the provisions of such ordinance relating to the collection of any such license or penalty or the penal provision applicable to any violation thereof, nor to affect the validity of any bond or case deposit in lieu thereof, required to be posted, filed or deposit pursuant to any ordinance and all rights and obligations thereunder appertaining shall continue in full force and effect. ADOPTED this 2]s% day of ATTEST: C. GUY, ~ ' f the Council November , 1983. COUNCILMEMBERS: Luxembourger A e AcOsta ~ Bricken Aye Griset Absent Johnson Aye McGu igan Aye Young Aye APPROVED AS TO FORM: EDWARD J. City Attorney