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Home My WebLink AboutNS-2629 - Amending Chapter 41 of Santa Ana Municipal Code Regarding Second Dwelling Units in Zoning Districts Permitting Single Family HomesORDINANCE NO. NS-2629 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 41 OF THE SANTA ANA MUNICIPAL CODE REGARDING SECOND DWELLING UNITS IN ZONING DISTRICTS PERMITTING SINGLE FAMILY HOMES bk:5/22/03 THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana does hereby find, determine and declare as follows: For nearly twenty years, the City has regulated the construction of second units, which share a parcel with a single family home in residential zoning districts within the City. The California Legislature has declared that second units are a valuable form of housing in California, and that second units provide housing for family members, students, the elderly, in-home health care providers, the disabled, and others, at below market prices within existing neighborhoods. The Legislature has also found that homeowners who create second units benefit from added income, and an increased sense of security. In 2002, the California Legislature adopted AB 1866, effective July 1, 2003, which supercedes certain provisions of the City's Code provisions regulating second units. Goal No. 4 of the City's Housing Element is to promote and encourage the development of a variety of housing opportunities to accommodate current and proposed housing needs. The California Legislature has determined that second units, when developed in appropriate areas and with suitable development standards, can help the City to meet this Goal. In meeting this Goal, the City must adopt standards which recognize the constraints created by fact that Santa Ana is second most dense city in California; e.g., on-street parking, lack of sufficient park and recreation areas; and preserving infrastructure capacity. Ordinance No. NS-2629 Page 1 of 8 Additionally, in developing standards for second units, the City must uphold Goal No. 3 of the City's Housing Element; to promote the preservation of historic homes that are a part of Santa Ana's past. The City Council desires to revise the City's Code accommodate the changes in California law presented by AB 1866, by adopting regulations establishing a ministerial process by which second units may be permitted in all zoning districts within the City in which single family homes may be built, and which regulations will reasonably protect the ability of homeowners to create second units in such zoning districts. The City lacks sufficient open space for its residents. The General Plan standard of 2 acres of open space per 1,000 residents has not been met in Santa Ana and there is inadequate public open space for the City's residents. It should be noted that this standard is less than that recommended for urban communities by the two leading independent research institutes in this area; the National Recreation and Park Association ("NRPA") and the Urban Land Institute ("ULI"). For these reasons, preservation of adequate back yards in single family residences is critical to the well being of the community. The Council finds that 1,200 square feet of secure and continuous, non-front yard open space is essential to the well being of the City's residents who live in a single parcel in which there is primary and secondary dwelling unit, one of which would be occupied by an owner-occupant and the other potentially occupied by a tenant. Due to this lack of public open space, some areas within the City are more than ¼ mile from a pocket park (i.e., a park of less than 5 acres) or more than ~ mile from a neighborhood park (i.e., a park with more than 5 acres, less than 100 acres and with dedicated parking). These standards were determined to be appropriate pursuant to the City's Community and Recreation Needs Assessment, and are based on recognized national standards. T he areas not served b y community o r neighborhood p arks are mostly within the City's non-residential zoning districts, but in small part they include some residential areas where there are single family homes. The Council finds that such areas, as designated on the map accompanying this ordinance entitled "Areas of Open Space Deficiency" and on file with the Clerk of the Council, are not adequately served by the City with public open space and therefore, no second unit should be permitted. All second dwelling units which are legal and permitted as of the date of this ordinance shall not be affected by its adoption, and no previously illegal or unpermitted second dwelling unit shall be deemed to have been made legal or conforming by the adoption of this ordinance. Ordinance No. NS-2629 Page 2 of 8 Pursuant to state law, no single family home and second dwelling unit located o n t he same parcel s hall b e deemed, i n combination, t o violate any density standard of the City's Code or general plan. Pursuant to the California Environmental Quality Act, the City has adopted Statutory Exception No. ER 2003-83 covering the adoption of this ordinance. All provisions of the Santa Ana Municipal Code which are repeated herein are repeated solely in order to comply with the provisions of section 418 of the Charter of the City of Santa Ana. Any such restatement of existing provisions of the Code is not intended, nor shall it be interpreted, as constituting a new action or decision of the City Council, but rather such provisions are repeated for tracking purposes only in conformance with the Charter. Section 2. Sections 41-423 - 41-424 of the Code are hereby amended to remove single family homes as a permitted use as follows: Sec. 41-423. Applicability of division. (a) C5 (arterial commercial) districts are specifically subject to the regulations contained in this division. (b) No building permit shall be issued for the construction or enlargement of any building or structure in the C5 district until a site plan has been submitted to the zoning administrator pursuant to section 41-430 and approved by him as conforming to the requirements of this division. (c) After approval of a site plan for a lot in the C5 district pursuant to section 41-430, no person shall cause such lotto be developed or maintained in nonconformity with such approved site plan or any approved revision thereof. (d) Separately owned units of real property may be deemed a single lot for purposes of this division ff they are subject to conditions, covenants and restrictions and reciprocal easements of access which provide for unified responsibility for vehicle access and parking, landscaping, and signage. (e) Two-family dwellings permitted in the C5 district shall not be subject to the operational and design regulations set forth in sections 41-425 through 41-429. Such dwellings shall be subject to the standards set forth for such uses in the R2 (multiple- family residence) district. Ordinance No. NS-2629 Page 3 of 8 Sec. 41-424. Uses permitted in the C5 district. The following uses are permitted in the C5 district: (a) Administrative and professional offices. (b) Retail and service uses. (c) Automobile parking lots, but excluding the sale or storage of automobiles, trucks, trailers, boats, or tractors, whether new or used. Churches, chapels, mortuaries, and theaters. Government buildings. Restaurants and cafes, other than those specified in section 41-424.5. Schools and studios operated for commercial or public purposes. Child care facilities. The printing, publishing, and circulation of a newspaper, including plant and (d) (e) (f) (g) (h) (i) office. Two-family dwellings not exceeding one (1) unit per three thousand (3,000) square feet of lot area, provided such units front on a secondary or local street. (k) Cyber Cafes subject to compliance with the requirements of section 41-198.200. .Section3. Sections 41-194 - 41.194.2, inclusive, of the Code are hereby repealed in their entirety Section 4. Sections 41.150.5 is hereby added to the Code to read as follows: Sec. 41-150.5. Second dwelling units. A second 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 "second unit," as that term is defined in California Government Code section 54842.2(i)(4), as it may be amended from time to time. Ordinance No. NS-2629 Page 4 of 8 Section 5. Sections 41.194 to 41.194.3 are hereby added to the Code to read as follows: Sec. 41-194. Second dwelling units--Standards. Notwithstanding any other provision of this chapter, a second dwelling unit may be constructed and maintained on a parcel in the R1, R2, R3, R4, CR, Al, or RE zoning districts, or on a parcel within any Specific Plan or Specific Development zoning district in which residential uses are permitted, on any parcel which is already improved with one (1) single-family dwelling unit and no other second dwelling unit, either as an attached or detached unit, or as a division of space within the existing unit, provided the following ministerially applied standards are met: (a) No second dwelling unit shall be permitted on any parcel which the city has designated as deficient in public open space, as shown on the map entitled "Areas of Open Space Deficiency" on file with the clerk of the council. (b) The second dwelling unit shall be not less than 300 square feet; (c) The second dwelling unit shall be not more than 750 square feet or thirty pement (30%) of the size of the primary dwelling unit on the parcel, whichever is less, provided, however, that the second dwelling unit shall in all cases be permitted to be a minimum of 300 square feet; (d) 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. (e) The size and location of the second dwelling unit shall not cause the parcel to be reduced below a total of 1,200 square feet of usable, continuous, non-front yard open- space, excluding driveways and parking areas. Any open space with a minimum dimension of fifteen feet (15') shall be deemed contiguous. (f) The front yard setback shall be not less than twenty feet (20') from the street. The primary and secondary dwelling units shall comply with the provisions of section 41-603 et seq. of this code relating to setbacks. (g) Each side yard shall be a minimum of five feet (5') for the second dwelling unit. On corner lots, the side yard on the street side shall be a minimum often feet (10'). (h) The rear yard shall be a minimum of ten feet (10'). (i) There shall be a minimum of fifteen feet (15') separation between the primary dwelling unit and a detached second dwelling unit and a minimum of five feet (5') between a detached second dwelling unit and an accessory structure. Ordinance No. NS-2629 Page 5 of 8 (j) There shall be provided (1) parking space provided per bedroom of the second dwelling unit with a minimum on one (1) parking space per second dwelling unit. Said parking space(s) shall not be located in the front setback except in a legal driveway, but may be located in the side or rear setbacks. Any driveway on the parcel shall lead to the garage and shall constitute no more than fifty percent (50%) of the frontage of the parcel. No additional curb cuts may be installed for the second dwelling unit. (k) The height of a detached second dwelling unit shall not exceed fifteen feet (15'). The height of an attached second dwelling unit shall not exceed the height limit applied to a primary dwelling unit in the underlying zoning district. (I) The color, material and texture of the roof, exterior walls and fenestration of a second dwelling unit shall be architecturally compatible with the primary dwelling unit. The roof pitch of a second dwelling unit shall match the roof pitch of the primary dwelling unit. (m) An attached second dwelling unit shall have no exterior stairs. (n) No attached second dwelling unit shall have an outside door on the primary elevation of the primary dwelling unit or visible from a street. (o) The second dwelling unit shall not be a trailer coach, recreational vehicle or mobilehome, as those terms are defined in state law. (p) If the second dwelling unit is to be constructed on a parcel identified on the federal, state or local list of significant historic resources, the second dwelling unit shall not b e p laced o r constructed s o a s t o result i n a modification o f t he existing historic resource on the parcel, unless alterations to the existing primary dwelling unit conform to the United States Secretary of Interior's official Standards for Treatment of Historic Properties. (q) The owner or owners of the parcel shall file with the planning manager a recorded covenant, in a form approved by the City Attorney affirming and consenting that either the primary dwelling unit or the second dwelling unit shall be owner-occupied. (r) The second dwelling unit shall conform to the applicable design standards contained in the urban design element of the city's general plan. (s) No second dwelling unit may be constructed on a parcel which is already non- conforming to the provisions of this chapter or on which the second dwelling unit would create a non-conformity to this chapter. (t) The planning manager shall prepare written procedures for the implementation of this section, which may include standards and forms for plans and drawings. Ordinance No. NS-2629 Page 6 of 8 Sec. 41-194.1. Second dwelling units--Occupation. No person o r persons owning a ny parcel o n which a second d welling u nit h as been constructed pursuant to section 41-194 shalt permit any person to occupy such second unit unless the following conditions are satisfied: (1) All development of the site must be in accordance with the plans and drawings approved pursuant to section 41-194. (2) The owner or owners of the parcel must reside in either the primary dwelling unit or the second dwelling unit on the parcel. The owner or owners of the parcel must have on file with the planning and building agency a recorded covenant, in a form approved by the City Attorney demonstrating compliance with this requirement. Sec. 41-194.2. Second dwelling units--Fees. From time to time, the City Council shall by ordinance or resolution establish appropriate application and/or appeal fees for persons seeking approval of plans and drawings for a second dwelling unit. Such fees shall not exceed the reasonable cost of processing such an approval or appeal. Sec. 41-194.3. Second dwelling units--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 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. The decision of the zoning administrator on such application or the application of 41-608 may be appealed to the planning commission pursuant to said Article V, whose decision on the matter shall be final. Section 6. 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 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. NS-2629 Page 7 of 8 ADOPTED this 2nd day of June 2003. APPROVED AS TO FORM: Joseph W. Fletcher City Attomey C~ City Attorney or,~. PulT~O ~ ~ AYES: NOES: ABSENT: ABSTAIN: Councilmembers: Councilmembers: Councilmembers: Councilmembers: Alvarez, Bist, Christy, Garcia, Pulido, Solorio (6) None (0) Franklin (1) None (0) CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Ordinance No. NS-2629 to be the original ordinance adopted by the City Council of the City of Santa Ana on June 2, 2003 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 Ordinance No. NS-2629 Page 8 of 8 J!Q!lJX3 . . . o i . ~ f J I~ I I I :;t> -. g; () (f) ;:+ 8,'< 00 J' 16-t-. ]~i\) ~ g> ~,~ ill ::J o ..-4- CD OJ o ~)> Q. ::J ~ OJ o '<