HomeMy WebLinkAboutItem 35 - Zoning Ordinance Amendment No. 2024-03 Planning and Building Agency
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Item # 35
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
January 21, 2025
TOPIC: Zoning Ordinance No. 2024-03 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 and Make Other Minor Clarifying Changes
(Citywide)
AGENDA TITLE
Zoning Ordinance Amendment No. 2024-03 – An 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)
Legal notice published in the OC Reporter on December 30, 2024.
RECOMMENDED ACTIONS
1. Conduct a first reading and adopt Zoning Ordinance Amendment No. 2024-03 to
amend Article II (Use Districts) of Chapter 41 (Zoning) of the Santa Ana Municipal
Code related to accessory dwelling units to be in compliance with changes to State
ADU law enacted under Senate Bill 1211 that took effect January 1, 2025.
ORDINANCE NO. NS-XXXX entitled AN 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 TO BE IN COMPLIANCE WITH CHANGES TO
STATE LAW ENACTED UNDER SENATE BILL 1211 AND MAKE OTHER MINOR
CLARIFYING CHANGES
2. Determine that adoption of this ordinance is not subject to the California
Environmental Quality Act (CEQA) pursuant to Section 15282(h) of the CEQA
Guidelines.
GOVERNMENT CODE §84308 APPLIES: No
EXECUTIVE SUMMARY
On September 19, 2024, Governor Newsom signed new housing laws that included
Senate Bill (SB) 1211, amending State accessory dwelling unit (ADU) law. The bill
became effective January 1, 2025. The proposed ordinance will amend several sections
of the zoning code to make Santa Ana’s local ordinance (SAMC Section 41-194 et seq.)
ZOA No. 2024-03: ADU Ordinance Amendments (Citywide)
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consistent with changes to State ADU law. Specifically, staff proposes amendments to
Santa Ana Municipal Code (SAMC) Sections 41-194 (Purpose), 41-194.1
(Definitions), 41-194.2 (Permitted zones and applicability), and 41-194.3 (Development
standards) in order to comply with State ADU Law. It also proposes to update outdated
references to the Government Code and change language with respect to ADU size.
On December 9, 2024, during its regularly scheduled meeting, the Planning
Commission voted 5:0, with Vice-Chairperson Ramos and Commissioner Leo absent, to
recommend that the City Council approve the proposed amendments to Chapter 41. As
part of its recommendation to approve, the Planning Commission did not include any
changes to the proposed ordinance amendments.
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, 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 prescribed that local
ordinances that are not in compliance with state ADU law are null and void and
superseded by State law.
SB 1211 is the latest bill enacted by the legislature and signed by the Governor that
made changes to State ADU law. The bill increases the number of detached ADUs that
can be constructed on lots with multi-family buildings, prohibits local governments from
requiring replacement of uncovered parking spaces, and clarifies the definition of livable
space.
To ensure Santa Ana’s local ordinance remains enforceable and consistent with State
law, sections of Article II (Use Districts) of Chapter 41 (Zoning) relating to ADUs and
Junior Accessory Dwelling Units (JADUs) that are impacted must be amended.
Table 1 below provides a summary of the major changes necessary to the local ADU
ordinance. If adopted, the ordinance would require a second reading and would become
effective 30 days thereafter.
ZOA No. 2024-03: ADU Ordinance Amendments (Citywide)
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Table 1: ZOA No. 2024-03 Current and Proposed Text Regulations
Item Existing Zoning Code
Regulations
New State Law Proposed Zoning Code
Regulations
Multi-Family
Buildings
Sec. 41-194.2(D) permits
two detached units, either
new construction or
conversion of existing
detached accessory
buildings, to a total of two
ADUs.
1. Permits the
construction of up
to eight detached
ADUs on lots
developed with a
multi-family
building; however
the number of
ADUs shall not
exceed the number
of existing units on
the lot.
2. Lots proposed to be
developed with a
multi-family building
are permitted to
construct up to two
detached ADUs.
1. Add Sec. 41-194.2(E) to
permit the construction of
up to eight detached ADUs
on lots developed with a
multi-family building.
2. Add Sec. 41-194.2(F) to
permit the construction of
up to two detached ADUs
on a lot proposed to be
developed with a multi-
family building.
Parking
Requirements
Existing ADU ordinance
provides definitions for
existing carport, existing
covered parking
structure, and existing
garage. It also states that
when one of the
aforementioned is
demolished in
conjunction with the
construction of an ADU,
or converted to an ADU,
replacement of those
parking spaces is not
required.
Enumerates an
additional definition for
uncovered parking
space that is not
required to be replaced
in conjunction with the
construction of an ADU,
or when it is converted
to an ADU.
1. Add Sec. 41-194.1(4) to
define existing uncovered
parking space.
2. Amend Sec. 41-194.3(M)
to include uncovered
parking spaces on the list
of parking that can be
demolished in conjunction
with the construction of an
ADU, or converted to an
ADU, without requiring
replacement of that
parking.
Livable Space Existing ADU ordinance
defines living area as
interior habitable area of
a dwelling unit, including
basements and attics, but
does not include a
garage or any accessory
structure. The ordinance
does not define livable
space.
Clarifies the definition of
livable space as a
space in a dwelling
intended for human
habitation, including
living, sleeping, eating,
cooking, or sanitation.
Add Sec. 41-194.1(7) to define
livable space as a space in a
dwelling intended for human
habitation, including living,
sleeping, eating, cooking, or
sanitation.
ZOA No. 2024-03: ADU Ordinance Amendments (Citywide)
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Item Existing Zoning Code
Regulations
New State Law Proposed Zoning Code
Regulations
State ADU
Law
Reference
References prior
Government Code
sections (65852.2 and
65852.22) that governed
ADU development.
Senate Bill 477
relocated numerous
Government Code
sections into a new
chapter to make State
law governing ADUs
and JADUs easier to
read and navigate.
Update all references to the
Government Code to reflect
reorganization of State
ADU/JADU law.
Size Provides that conversion
of an existing accessory
structure or a portion of
the existing primary
residence to an ADU is
not subject to size
requirements, at Section
41-194.3(D)
Change is not related
to recent legislation but
to ensure more precise
and appropriate
language is used—
“size limits” rather than
“size requirements.”
Changed language at Section
41-194.3(D) replacing the term
“requirements” with “limits”.
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 ADUs in a single-family or multifamily residential zone by a city or county to
implement the provisions of Sections 66310, et seq. of the Government Code as set
forth in Section 21080.17 of the Public Resources Code. As a result, a Notice of
Exemption, Environmental Review No. 2024-96, will be filed upon adoption of this
ordinance.
FISCAL IMPACT
There is no direct fiscal impact associated with this action.
EXHIBITS
1. Ordinance for ZOA No. 2024-03
2. Copy of Public Notice
Submitted By: Minh Thai, Executive Director of the Planning and Building Agency
Approved By: Alvaro Nuñez, City Manager
Ordinance No. NS-XXX
Page 1 of 10
ORDINANCE NO. NS-XXX
AN 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 TO
BE IN COMPLIANCE WITH CHANGES TO STATE LAW
ENACTED UNDER SENATE BILL 1211 AND MAKE OTHER
MINOR CLARIFYING CHANGES
WHEREAS, in Government Code section 66310, 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 2024, the California Legislature approved, and the Governor signed
into law, Senate Bill 1211, which amended Government Code sections 66313, 66314,
and 66323; and
WHEREAS, the City of Santa Ana accordingly desires to amend and update its
local regulations governing the development of ADUs and JADUs to be consistent with
State ADU law as amended by SB 1211 in order to retain the ability to maintain local land
use control and implement its ADU ordinance to the fullest extent possible and to make
other minor clarifying changes to the City’s ordinance; and
WHEREAS, Zoning Ordinance Amendment No. 2024 -03 amends and adds
various sections of Chapter 41, including: Section 41-194 (Purpose), Section 41-194.1
(Definitions), Section 41-194.2 (Permitted Zones and Applicability), and Section 41-194.3
(Development Standards) and makes those other minor clarifying changes to the City’s
ordinance; and
WHEREAS, the regulations contained within Zoning Ordinance Amendment No.
2024-03 are consistent with the City’s adopted General Plan, specifically the following
goals and policies:
• Goal LU-1: Growing Responsibly. Provide a land use plan that improves
quality of life and respects our existing community.
o Policy LU-1.1 Compatible Uses. Foster compatibility between land uses to
enhance livability and promote healthy lifestyles.
o Policy LU-1.5 Diverse housing types. Incentivize quality infill residential
development that provides a diversity of housing types and accommodates
all income levels and age groups.
Ordinance No. NS-XXX
Page 2 of 10
• Goal LU-2: Land Use Needs. Provide a balance of land uses that meet Santa
Ana’s diverse needs.
o Policy LU-2.6 Encourage Investment. Promote rehabilitation of properties
and encourage increased levels of capital investment to create a safe and
attractive environment.
• Goal LU-3: Compatibility of Uses. Preserve and improve the character and
integrity of existing neighborhoods and districts.
o Policy LU-3.1 Community Benefits. Support new development which
provides a net community benefit and contributes to neighborhood
character and identity.
o Policy LU-3.4 Compatible Development. Ensure that the scale and
massing of new development is compatible and harmonious with the
surrounding built environment.
o Policy LU-3.7 Attractive Environment. Promote a clean, safe, and creative
environment for Santa Ana’s residents, workers, and visitors.
• Goal HE-1: Housing and Neighborhoods. Livable and affordable
neighborhoods with healthy and safe housing conditions, community services,
well-maintained infrastructure, and public facilities that inspire neighborhood
pride and ownership.
o Policy HE-1.7 Historic Preservation. Support preservation and
enhancement of residential structures, properties, street designs, lot
patterns, and other visible reminders of neighborhoods that are considered
local historic or cultural resources.
• Goal HE-2: Housing Supply and Diversity. Foster an inclusive community with
a diversity of quality housing, affordability levels, and living experiences that
accommodate Santa Ana’s residents and workforce of all household types,
income levels, and age groups.
o Policy HE-2.1 Citywide. Designate adequate land in the General Plan Land
Use Element and Zoning for the development of a ran ge of housing types
to meet the identified needs of all economic segments of the community
while providing a high quality of life for all residents.
o Policy HE-2.4 Rental Housing. Facilitate the construction of rental housing
for Santa Ana’s residents and workforce, with a commitment to provide
rental housing for extremely low-, very low-, and low-income residents as
well as moderate-income Santa Ana workers.
o Policy HE-2.5 Diverse Housing Types. Facilitate diverse types, prices, and
sizes of housing, including single-family homes, apartments, townhomes,
Ordinance No. NS-XXX
Page 3 of 10
duplexes, mixed/multiuse housing, transit-oriented housing,
multigenerational housing, accessory dwelling units, and live -work
opportunities.
o Policy HE-2.6 Housing Design. Require excellence in architectural design
through the use of materials and colors, building treatments, landscaping,
open space, parking, and environmentally sensitive (“green”) building and
design practices.
o Policy HE-2.8 Entitlement Process. Provide flexible development review
and entitlement processes that facilitate innovative and creative housing
solutions, offer a consistent approval process, and allow for appropriate
oversight.
o Policy HE-2.10 Overcrowding Conditions. Facilitate the development of
accessory dwelling units and additions and improvements to existing
homes to alleviate overcrowded housing conditions.
• Goal HP-1: Historic Areas and Resources. Preserve and enhance Santa Ana’s
historic areas and resources to maintain a unique sense of place.
o Policy HP-1.1 Architectural and Design Standards. Preserve unique
neighborhoods and structures in Santa Ana through implementation of the
Citywide Design Guidelines and historic preservation best practices.
• Goal UD-1: Physical Character. Improve the physical character and livability
of the City to promote a sense of place, positive community image, and quality
environment.
o Policy UD-1.1 Design Quality. Ensure all developments feature high quality
design, materials, finishes, and construction.
• Goal UD-2: Sustainable Environment. Improve the bu ilt environment through
sustainable development that is proportional and aesthetically related to its
setting.
o Policy UD-2.2 Compatibility and use with Setting. Employ buffers and other
urban design strategies to encourage the compatibility of new developm ent
with the scale, bulk, and pattern of existing development.
o Policy UD-2.4 Intentional Design. Encourage design and architecture on
private and public property that accentuate focal points, activity nodes, and
historic areas.
o Policy UD-2.5 Relation to Surroundings. Ensure new development exhibits
a functional, comfortable scale in relation to its neighborhood.
Ordinance No. NS-XXX
Page 4 of 10
o Policy UD-2.6 Preserve Neighborhood Character. Preserve the character
and uniqueness of existing districts and neighborhoods.
Zoning Ordinance Amendment No. 2024-03 supports and is consistent with these
General Plan goals and policies of the Land Use Element, Housing Element, Historic
Preservation Element, and Urban Design Element.
WHEREAS, on December 9, 2024, the Planning Commission held a duly-noticed
public hearing and considered the staff report, recommendations by staff, and public
testimony concerning Zoning Ordinance Amendment No. 2024 -03, and recommended
adoption of said Zoning Ordinance Amendment No. 2024-03 by the City Council; and
WHEREAS, on January 21, 2025, the City Council held a duly-noticed public
hearing and considered the staff report, recommendations by staff, and public testimony
concerning Zoning Ordinance Amendment No. 2024-03.
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 (Purpose) of Article II of Chapter 41 of the Santa Ana
Municipal Code is hereby amended to read as follows:
Sec. 41-194. Accessory Dwelling Units – Purpose.
The purpose of this section is to establish regulations for the development of
accessory dwelling units and junior accessory dwelling units as defined in this section
and in California Government Code sections 66310, et seq.65852.2 and 65852.22, or any
successor statute.
Section 3. 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 facilitie s 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 66310, et. seq.65852.2,
as amended from time to time.
Ordinance No. NS-XXX
Page 5 of 10
(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) “Existing uncovered parking space” means a parking area without a roof or other
structure that is designated for a specific building and that was legally
established and existing prior to the submittal of an ADU or JADU application.
(54) "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 i n 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.
(6) “Livable space” means a space in a dwelling intended for human habitation,
including living, sleeping, eating, cooking, or sanitation.
(75) "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.
(86) "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).
(97) "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.
(108) "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.
(119) "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.
(1210) "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 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.
Ordinance No. NS-XXX
Page 6 of 10
(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 non-habitable
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. Lots developed with a multi-family building are also permitted to
construct up to two (2) detached ADUs. Those detached ADUs may be provided
through conversion of existing detached accessory buildings, garages, carports,
covered parking structures, new construction, or combination thereof.
(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.
(GE) 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.
(HF) 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:
Sec. 41-194.3. - Development standards.
Ordinance No. NS-XXX
Page 7 of 10
The development standards in Table 41-194.3 shall be applicable to all ADUs and
JADUs. Additional provisions related to ADUs and JADUs 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
20 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
(G)
Minimum
Street Side
Setback
(Corner Lots)
4 ft. 4 ft. Same as
primary
building
(G)
Minimum Rear
Yard Setback
4 ft. 4 ft. Same as
primary
building
(G)
Maximum Lot
Coverage/Use
Intensity
Same as
zoning district
Same as
zoning district
Same as
zoning district
(H)
Open Space 1,200 sq. ft. 1,200 sq. ft. - (I)(J)
Separation
from Primary
Buildings
- 15 ft. - (K)
Separation
from
Accessory
Buildings
5 ft. 5 ft. Same as
primary
building
(K)
Minimum
Parking
1 space 1 space - (L)(M)
Tandem
Parking
Permitted Permitted Permitted
Design
Guidelines
Apply Apply Apply
Ordinance No. NS-XXX
Page 8 of 10
(A) Attached ADUs shall not exceed fifty (50) percent of the size of the habitable space
of the primary residence on the lot. 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 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 lot.
(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.
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 limits requirements.
(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.
(G) No minimum setback shall be required f or 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.
(H) Lot coverage and use intensity maximum established in zoning dis trict may be
exceeded 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 lot coverage requirements.
(I) 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. 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.
(J) 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.
(K) 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. The conversion of an existing accessory structure or a
Ordinance No. NS-XXX
Page 9 of 10
portion of the existing primary residence to an ADU is not subject to separation
requirements.
(L) 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 residence 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.
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.
(M) When an existing garage, carport, or other covered parking structure, or
uncovered parking space is demolished in conjunction with the construction of an
ADU, or converted to an ADU, 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 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 66310, et seq. of the Government
Code, as further set forth in Section 21080.17 of the Public Resources Code.
Section 7. 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.
Section 8. This ordinance shall become effective thirty (30) days after its
adoption.
Ordinance No. NS-XXX
Page 10 of 10
Section 9. The City Clerk shall certify the adoption of this ordinance and shall
cause the same to be published as required by law.
ADOPTED this _______ day of ___________, 2025.
_________________________
Valerie Amezcua
Mayor
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By:_________________________
Melissa M. Crosthwaite
Senior Assistant City Attorney
AYES: Councilmembers ______________________________________
NOES: Councilmembers _______________________________________
ABSTAIN: Councilmembers _______________________________________
NOT PRESENT: Councilmembers _______________________________________
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, ______________, City Clerk, 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: ________________ ____________________________________
City Clerk
City of Santa Ana
CITY OF SANTA ANA
PlanningandBuildingAgency
20Civic Center Plaza P.O. Box1988
Santa Ana, California92702
www.santa-ana.org/pba
NOTICE OFPUBLICHEARING
BEFORE THECITYCOUNCIL OFTHE
CITYOFSANTA ANA, CA.
TheCityofSantaAnaencourages thepublictoparticipate inthedecision-making process. The
followingnoticeisbeingprovided sothatyoucan askquestions, make comments, andstay
informed aboutprojects thatmightbeimportant toyou. Weencourage youtocontactusprior
tothePublicHearing ifyouhaveanyquestions.
NOTICE ISHEREBY 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.
Project Location: Citywide
Project Applicant: The City ofSanta Ana
Proposed Action: Adoption of an ordinance approving Zoning Ordinance Amendment No. 2024-03 to
amend several sections of Article II (Use Districts - General Provisions) of Chapter 41 (Zoning) of the
Santa Ana Municipal Code (SAMC) related to accessory dwelling units (ADUs) to maintain consistency
with, and amend toreflect modifications to, state ADU law scheduled to take effect January 1, 2025,
and make other minor clarifying changes.
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 ADUs ina
single-family or multifamily residential zone by a city or county to implement the provisions of Sections
66310 et seq. of the Government Code as set forth inSection 21080.17 of the Public Resources Code.
As a result, a Notice of Exemption, Environmental Review No. 2024-96, will be filed upon adoption of
this ordinance.
Meeting Details: This public hearing will be held on Tuesday, January 21, 2025, at5:30p.m., or as
soon thereafter as the matter may be heard, in the City Council Chamber, 22 Civic Center Plaza, Santa
Ana, CA 92701. Members ofthepublicmayattendthismeeting in-personorjoinviaZoom. For
the most up to date information on how to participate virtually in this meeting, please visit
https://www.santa-ana.org/agendas-and-minutes/.
Written Comments: If you are unable to participate in the meeting, you may send written comments
by e-mail to eComment@santa-ana.org (reference the Agenda Item # in the subject line) or mail to
Jennifer L. Hall, City Clerk, City of Santa Ana, 20 Civic Center Plaza – M30, Santa Ana, CA 92701.
Deadline to submit written comments is4:00p.m. on the day of the meeting. Comments received after
the deadline may not be distributed to the City Council but will be made part of the record.
WhereToGetMoreInformation: All staff reports regarding any item on this agenda are available for
public inspection in the City Clerk’sOffice 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/.
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WhoToContactForQuestions: Should you have any questions, please contact Holli Safran with the
Planning and Building Agency at HSrafran@santa-ana.org or (714) 667-2746.
Note: If you challenge the decision on the above matter in court, 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.
Sitienepreguntas enespañol, favordellamaraNuviaOcampo (714) 667-2732.
NcbngtingVit, xininthoichoên lu cn liTina Lees (714) 5647-5214.
Jennifer L. Hall, CMC
City Clerk
Publish: Orange County Reporter – Legals Section; Orange County Register
Date: December 30, 2024
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