HomeMy WebLinkAbout75D - PH AMND ZONING ORD CH 41 MUNI CODEREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
NOVEMBER 7, 2017
TITLE:
PUBLIC HEARING —ZONING ORDINANCE
AMENDMENT NO. 2017-04 TO AMEND
PROVISIONS OF CHAPTER 41 OF THE
SANTA ANA MUNICIPAL CODE RELATING
TO ACCESSORY DWELLING UNITS — CITY
OF SANTA ANA, APPLICANT
(STRATEGIC PLAN NO. 5, 3)
Ct MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
❑ As Recommended
❑ As Amended
❑ Ordinance on 1e Reading
❑ Ordinance on 2nd Reading
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Adopt an ordinance approving Zoning Ordinance Amendment No. 2017-04.
PLANNING COMMISSION ACTION
At its regular meeting on October 23, 2017, a vote of 5:0 (Nguyen and Mendoza absent), the
Planning Commission recommended that the City Council adopt an ordinance approving Zoning
Ordinance Amendment No. 2017-04 to amend certain sections of Chapter 41 of the Santa Ana
Municipal Code (SAMC) regulating the establishment of accessory dwelling units. The Planning
Commission recommended adoption of the proposed zoning ordinance amendment with no
changes as outlined in the attached staff report (Exhibit A).
DESCRIPTION
Staff is proposing to amend certain sections of Chapter 41 of the SAMC to replace the City's
second dwelling unit ordinance. Second dwelling units, also known as accessory dwelling units
(ADUs), refer to a second home on a property with a preexisting primary home. Accessory dwelling
units are seen by many as an important housing option, particularly in cities that have a shortage of
housing. They offer a smaller, often more affordable option for renters, allow family members such
as seniors or young people a convenient housing option, and offer important assistance for
homeowners in paying their mortgage. The City's second dwelling unit ordinance, established in
2003, was superseded by changes made to state ADU laws (Assembly Bill 2299 and Senate Bill
1069) that took effect January 1, 2017, and is no longer enforceable. The proposed amendments
would change the second dwelling unit ordinance to be in compliance with state law by repealing
the City's 2003 second dwelling unit ordinance, incorporating new state provisions, and
introducing new tailored ADU regulations that recognize the diversity of Santa Ana
neighborhoods.
75D-1
Zoning Ordinance Amendment No. 2017-04 — Amend Sections of Chapter 41 of the SAMC
Relating to Accessory Dwelling Units
November 7, 2017
Page 2
The following provides a brief summary of the key provisions of the recommended amendments:
1. Open Space Deficient Areas - Section 41-194.5
The previously existing second dwelling unit ordinance identified areas of the city that are
"open space deficient." These are areas that are more than one-quarter mile from a pocket
park (a park of less than five acres) and more than one-half mile from a neighborhood park
(a park of more than five acres). Properties located within the identified areas did not qualify
to construct an ADU. Since the adoption of the previous ordinance, there have been new
public park spaces constructed. However, the City remains well below the goal set forth in
the Land Use Element of the General Plan of two acres of parkland per 1,000 residents. The
proposed ordinance will prohibit the construction of ADUs in open space deficient areas
using' the same criteria that were previously applied as to not place further strain on the
limited parkland resources that are in close proximity to these areas
2. Parking for ADUs -Sections 41-194.11, 41-194.12
The proposed ordinance would require that at minimum .one off-street parking space be
provided for a studio or one -bedroom ADU, and an additional parking space be provided for
each bedroom in excess of one. To be compliant with state law (Section 65852.2(d) of the
Government Code) parking for ADUs will not be required if they are within one-half mile of
public transit, in an architecturally significant historic district, within one block of a car share
vehicle, in an area where on -street parking permits are required but not offered to the
occupant of the second dwelling unit, or if second dwelling unit involves the conversion of a
portion of the existing primary residence or an accessory structure.
3. Size and Scale of ADUs - Sections 41-194.7(2), 41-194.7(6), 41-194(7), 41-194.8(1)
An out of scale ADU could negatively affect neighborhood character and the privacy of
neighbors. State law permits local jurisdictions to regulate the maximum size of newly
constructed ADUs as long as they permit at least the minimum permitted by Building Code
and do not permit units larger than 1,200 square feet. The proposed ordinance recognizes
that size is often contextual. What is considered large in one area may be small in another.
As such, the proposed ordinance regulates size and scale of ADUs by requiring that the
ADU be no more than 50 percent of the total floor area of the primary home, excluding
garages, up to a maximum of 750 square feet. As such, an ADU will always be smaller than
the primary home unless the primary home is very small (less than 300 square feet).
4. Location of ADUs - Sections 41-194.7(5), 41-194.8(2), 41-194.8(3)
The location of buildings on an individual parcel greatly influences the ability to develop an
ADU and how it impacts neighboring properties. Zoning district standards and general
provisions of the Zoning Code contain a set of development standards that determine how
far back buildings must be set from property lines (called setbacks or yards), how far they
75D-2
Zoning Ordinance Amendment No. 2017-04 — Amend Sections of Chapter 41 of the SAMC
Relating to Accessory Dwelling Units
November 7, 2017
Page 3
must be distanced from each other, as well as several specific location requirements. These
zoning standards will continue to be applicable to an ADU's location. These provisions also
require a minimum 15 -foot separation between a detached ADU and primary home. The
draft ordinance goes further and prevents a detached ADU from being located between the
primary residence and the street adjoining the front yard, to maintain the appropriate
relationship between accessory and primary structures on a lot.
Public outreach and notification of the proposed changes to the ordinance was conducted in
various manners. Staff held a community meeting with community groups and neighborhood
association members from various districts throughout the city in November 2016. Staff also met
with Community Linkage Forum (ComLink) in August and September 2017 to discuss the
proposed amendments. Further, staff communicated the proposed changes via phone to various
members of the community and held a meeting with housing advocacy groups to discuss the
proposed changes. Generally, community members. expressed concerns regarding ADUs being
constructed in areas of the city that lack open space (parks), on -street parking being further
impacted by ADUs, and the impact that these units might have on the unique character of Santa
Ana neighborhoods. Community comments from these meetings were incorporated into the
proposed amendments. Ultimately, with one exception, members of the public at the October 23,
2017 Planning Commission meeting voiced their support for the proposed ordinance.
STRATEGIC PLAN ALIGNMENT
Approval of these items supports the City's efforts to meet Goal #5 - Community Health,
Livability, Engagement & Sustainability, Objective #3 (facilitate diverse housing opportunities and
support efforts to preserve and improve the livability of Santa Ana neighborhoods).
FISCAL IMPACT
There is no fiscal impact associated with this action.
Candida Neal, AICP
Acting Executive Director
Planning & Building Agency
RS: rb
S:RFCA72017\11-07-2017200 7-04 Accessory Dwelling Units=
Exhibit: A. Planning Commission Staff Report
B. Ordinance
C. Correspondence
75D-3
75D-4
REQUEST EOR
Planning Commission Action
PLANNING COMMISSION MEETING DATE:
OCTOBER 23, 2017
TITLE:
PUBLIC HEARING — FILED BY THE CITY
OF SANTA ANA FOR ZONING ORDINANCE
AMENDMENT NO. 2017-04 TO AMEND
PROVISIONS OF CHAPTER 41 OF THE
SANTA ANA MUNICIPAL CODE -RELATING
TO. ACCESSORY DWELLING UNITS
{STRATEGIC PLAN NO. 5,3)
Prepared by .Ricardo Soto
PLANNING COMMISSION SECRETARY
APPROVED
El As Recommender)
L1 As Amended
EI Set Publlc Hearing For
DENIED
❑ Applicant's , Request
❑ Staff I p9mmenrlation
:CONTINUED TO
�`
-� -
Acting Executive Director Acting Planni g Manao'
RECOMMENDED ACTION
Recommend that the City Council adopt an ordinance :approving Zoning Ordinance Amendment
No. 2017-04 to revise Chapter 41 (Zoning) of the Santa Ana Municipal Code (SAMC).
Request of the Applicant
The City of Santa Ana is'requesting amendments to. Chapter 41 'of the SAMC, which will include
Section 41-150.5 (Definitions), Section 41-194 (Second dwelling unit - Standards), and Section 41-
236 (R1 — Single Family Residence).
Project Description
The proposed amendments to Chapter 41 of the SAMC would replace the Citys second unit
ordinance, established in 2003, with a new'accessory dwelling unit (ADU) ordinance (Exhibit1). The.
ordinance will incorporate new provisions of the state ADU law (AB 2299 and SB 1.069) .that took
effect January 1, 2017; and introduce new provisions to regulate the size and location of ADUs in
Santa Ana while taking into account the unique characteristics'of the city.
Background
Second dwelling units,,also, known as ADUs, refer to a second home on a property with a preexisting
primary home. Accessory dwelling units are seen by many as an important housing option,
particularly in cities that have a shortage of housing. They offer a smaller, often more affordable
option for renters, allow family members such .as seniors or young people a convenient housing
option, and offer important assistance for homeowners in paying their mortgage. However, many
existing homeowners express concerns about the impacts of ADUs on privacy, traffic, parking, and
neighborhood character.
EXHIBIT A
7501-5
Zoning Ordinance Amendment No. 2017.04
October 23, 2017
Page 2
In 2003,'the California State Legislature enacted AB1866, which took effect on July 1, •2003. The so-
called "Granny Flat" bill instructed local governments to Include_ provisions that encourage the addition
of accessory dwelling units in'their municipal codes and to remove unreasonable restrictions on
constructing such units by making them ministerial in nature. The bill hadbroad support from a
variety of.constituents and.sources and has been lauded as a'means of improving affordable housing
stock throughout California, In response to AB1866, the City Council adopted Ordinance No. NS
2629, amending the Santa Aha Municipal Code (SAMC) regarding second dwelling units in
accordance with the changes made at the state level. The ordinance allowed for second dwelling
.units to be constructed In residential zoning districts provided development standards„ such as.
parking, lot coverage, setbacks, and unit size'were met.
While state legislators and proponents of the Granny Flat bill.. had anticipated'an_ influx of second
dwelling units to help alleviate.the shortage of affordablehousing in the state, individuals trying to
construct these, units often -faced what legislators perceived as' prohibitive` local regulations that
discouraged, their construction. To ease and streamline the perceived prohibitive local regulations,
state legislators approved Senate Bill 1069 (SB1069) and Assembly Bill 2299(AB2299) to amend
Section 65852.2 of the Government Code relating to second .dwelling units, or ADus (Exhibit 2):
The amendments are. intended to further reduce the barriers :to constructing these units, to help
combat the complex housing shortage problem, and to increase the number.of affordable housing
units while preserving the character of residential neighborhoods. The amendments took effect
January 1, 2017, and due to several sections of the City's previously existing second dwelling unit
ordinance conflicting with SB1069 and AB2299, Santa Ana's local ordinance wail superseded by
state taw and is no longer enforceable.
The proposed ordinance would change the City's second dwelling unit ,ordinance to be in
compliance with state law by repealing the City's 2003 second dwelling unit ordinance (Section 41
.194 'of the SAMC), incorporating the new state provisions, :and introducing new tailored ADU
'regulations that recognize the diversity of Santa Ana neighborhoods.
New State Accessory Dwelling Unit Law
The new state ADU law (effective January 1, 2017) preempts'a local jurisdiction's ability to regulate,
aspects of ADU location and development. Local ordinances must adhere to the following standards:
• Approvals must be "by right"'or ministerial in nature.
• No passageway (unobstructed pathway extending from a street to one entrance of the accessory
dwelling unit) shall be required in conjunction with the construction of a ADU.
• No setbacks shall be required for an existing garage that is'converted to an ADU
75D-6
Zoning Ordinance Amendment No. 2017-04
October 23, 2017
Page 3
Existing accessory structures, when converted to an ADU, are permitted without additional
restrictions provided the structure has independent exterior access and side and rearsetbacks
sufficient for fire safety.
Parking standards are limited to no more than one space per ADU or bedroom, with required
parking permitted to be a tandem space in an existing driveway. Parking standards for new ADUs
are reduced to zero spaces under certain circumstances (within 1/2 mile.of public transportation,
located in an historic district, is part of an existing primary residence,.or if a car -share vehicle Is
located within one block).
When a garage, carport .or covered parking structure. is demolished in conjunction with !the
construction of an ADU, the replacement parking spaces may be located in any configuration on
the some lot as the ADU, including, but not limited to, covered spaces, uncovered spaces, or
tandem spaces, or by the use of mechanical automobile parking lifts.
Key Issues
Open Space Deficient Areas
The previously existing second dwelling unit ordinance identified :areas of the city that are "open
space deficient" These are areas that are more than one-quarter mile from a pocket -park (a park'of
less than five acres) and more than one-half mile from a neighborhood park (a park of more than five
acres). Properties located within the identified areas did not qualify to construct an ADU. While a
vast majority of the city that was considered open space deficient was within commercial and
industrial areas, there were pockets of residentially zoned properties which met the open space
deficient criteria. Since the adoption of the previous ordinance, there have been'new,public park
spaces constructed. However, the City remains well below the goal set forth in the Land Use Element
of the General Plan of two .acres of parkland per 1,000 residents, which is a relatively conservative
standard when compared to the National Parks and Recreation Association recommendation of 2.5 to
5 acres of parkland for every 1,000 residents, The proposed ordinance will prohibit the. construction
of ADUs in open space deficient areas using the same criteria that were previously applied as to not
place further strain on the limited parkland resources that are in close proximity to these areas
(Exhibit 3). For unique circumstances where lack of open space can be mitigated; a minor'exception
may be applied for and the request analyzed.
Parking for ADUs
Parking has been a topic of concern, especially from community members that live in neighborhoods
with limited available on -street parking. The proposed ordinance would require that at minimum one
off-street parking space be provided for a studio or one -bedroom ADU,-and an additional parking
75D-7
Zoning Ordinance Amendment No. 20117-04
October 23, 2017
Page 4
space be provided for each bedroom in excess of one. To be compliant with state law (Section
65852.2(d) of the Government Code) parking for ADUs will not be required if they are within one-half
mile of public transit (Exhibit 4), in an architecturally significant historic district, within one block of a
car share vehicle, In an area where on -street parking permits are required but not offered to the
occupant of thesecond dwelling unit, or if second dwelling unit involves the conversion of a portion of
the existing primary residence or an accessory structure. As,such, the proposed ordinance includes
an exception for those units that qualify for a state mandated parking exception.
Regulating Size and Scale of ADUs
The size and. scale of ADUs is also a source of community concern, An out of scale.ADU could
negatively affect neighborhood character and .the privacy of neighbors. State law permits local
jurisdictions to regulate the.maximum size of newly constructed ADUs as long as they permit at least
the minimum permitted by Building Code -and do not permit units larger than 1,200 square feet. The
proposed ordinance recognizes that size is often contextual. What is considered large in one area
may be small in another. As such, the proposed ordinance_. regulates size and scale of ADUs,-by
requiring that the ADU be no more than 50 percent of the total floor area of the primary home,
excluding garages, up to a maximum of 750 square feet. :As such, an ADU.will always be smaller
than the primary home unless the primary home is very small (less than 300 square feet). By
adopting this .standard, the proposed ordinance would ensure that size and scale of ADUs is
regulated in a manner that is tailored to the unique characteristics of individual residential
neighborhoods.
Regulating the Location of ADUs on a Lot
The location of buildings on an individual parcel greatly influences the. ability to develop an ADU and
how it impacts neighboring properties. Zoning district standards and general provisions of the Zoning
Code contain a set of development standards that determine how far back buildings must be set from
property lines. (called setbacks or yards), how far they must be distanced from each other, as well as
several specific. location requirements. These zoning standards will continue to be applicable to an
ADU's location. These provisions also require a minimum 15 -foot separation between a detached
ADU and primary home. The draft ordinance goes further and prevents a detached ADU from being
located between the primary residence anis the street adjoining the front yard, to maintain the
appropriate relationship between accessory and primary structures on a lot.. However, AB Mb
reduces allowable setback provisions across the state in the following cases: when existing garage
buildings are converted (zero feet), and when any other existing square footage is converted to an
ADU (as necessary to protect life -safety),
75D-8
Zoning Ordinance Amendment No. 2017-04
October 23, 2017
Page 5
Public Notification
The proposed amendments are citywide and the project site is not located within the boundaries of
one single neighborhood association. Public outreach and notification of the proposed changes to the
ordinance was conducted in various manners. Staff held a community meeting with community
groups and neighborhood association members from various districts throughout the _city irr November
2016. Staff also met with`Community Linkage Forum"(ComLink) in August and,September2017 to
discuss the proposed amendments. Further, staff communicated .the proposed changes via phone to
various members of the,community and held_a "meeting with housing advocacy'groups to discuss'the,
proposed changes. Comments from these meetings will be: summarized and presented to the
Planning Commission at the scheduled public hearing. In addition, a notice was published in the
Orange County Reporter. At the time of'this printing, electronic correspondence pertaining to the
proposed changes has been received from various members of the public and is included with this-
staff
hisstaff report (Exhibit 5).
CEQA Compliance
In accordance with the California Environmental Quality Act (CEQA), the recommended action is
exempt from CEQA per Section 15282(h) of the CEQA "Guidelines. This exemption applies to the
adoption of,an ordinance regarding second 'units to implement the provisions of Sections 65852:1
and 65852.2 of the Government Code. Statutory Exemption No. ER 201.7-129 will be filed for this
project.
Strategic Plan Alignment
Approval of these items supports the City's efforts to meet Goal No. 5 (Community Health, Livability,
Engagement & Sustainability), Objective No. 3 (facilitate diverse housing opportunities and support
efforts to preserve and improve the livability of Santa Ana neighborhoods).
Conclusion
The proposed action would amend several sections of the Santa Ana Municipal Code. Based on the
analysis provided within'this report, staff recommends that the Planning Commission recommend that
the City Council approve Zoning Ordinance Amendment No. 2017-04.
Ricardo Soto
Associate Planner
RS:jm
SuM29171IU-23-17RQA17-131 Acccrcry q-XeI ing Units. pc
7501-9
Zoning Ordinance Amendment No. 2017-04'
October 23, 2017
Page 6
Exhibits 1. Proposed Amendments to Chapter 41
2. SB 1069 and AB 2299
3. Park Deficient Areas
4. Transit Proximity Map
5. Correspondence
75D-10
ZONING ORDINANCE AMENDAIENT NO. 2017-04
PROPOSED MODIFICATIONS
Strike -out is deletion
Underline is addition
Derinitioiis
'Sec. 41-150.5. - Seeeutl Accessory dwelling units.
An seeom# accessory•dwelling unit is an attached or a detached residential dwelling unit
which provides complete iiidcpendenl-living facilities (or one or more perspns and includes
permanent provisions for living, sleeping,.eating, cooking, rind sanitation on. tlic sante parcel as
the single -tinnily dwelling is situated. It sliall have the same meaning as "
as that term is defined in California Government Code section-6i4S42r2(i)(4), as it may:Ue
amended from time to tiinc.
Use Districts - General Provisions
See -,41-194:. Seeond-dwe1}it G unix.. eR r-�-.tt;�ukmis
uses-arc-perxtilk�d;an-�.e-wttx�xe-t+1-sttrgte-iamuy,uti�.uu�ng
(a)—No-second-dwel ' atfel Wtieh-the-city-has
designated-a-delicieat-ix- j3tibkie-eperrspae�ns=shotk•n-ori-the-niap-cntitted�'�reas
er(Dpen Spijee L)ef ejeney arrfile-avith-the clerk cif llre ceuneil:
(h) The�csond-<1welliltt a b, me, le-, han three'�•'.�__difed (400)-square-€eet;
(e) The seem; (725"9) sgtt e
feet-or-thirty-(zU)-per-ct�#-c�1=1 en the
-square-lbY "
I -not
(e)-Fhe-size-aad-location-of-44rc seeend (Woulliag unit shall .et-- the--areel-te-be
re"ved below e -ketal of ijxe hetrstxd H+ -o lxrriiared-(l,2UU)-squtire-Feet-ci�usal�le;
e.:•-�ix�; t;ex-fient��ard-open-space,-uxeluding-driret�-wand-per'.'.ny
open -space caitlt-a-ruinimnttrclit_fi}en i,.� 01,1i fl ell n c feet b,,
deerned�intinuotis.
I
EXHIBIT 1
75D-11
e tiont�rrrd setl�acl: shall-hc tlot-less-tlian-twenty-(20}- t f-a�,,je
• ..'kall�t��[�:-wttH-the-prcivisietis-of-secEions
��,�;eh-side-jar�l�ha(!-leo-a-�uiniinutn-of-five-{�}-feet-for-the-sees ,� .,...;,amu
P(WHera.''• ""' sids yard mi llt e-1tn4-be-"4ttiuium-of-teii-(4weet:
(h)--Tho-year-yard-shall-be:a-mi nimuin-o€ten~eet;
dwelling.nit,
(r})---'FHe�seafld�'elli,tb un#t-shill-riot-he-a-trailer-cnach,-t'CCl'entieflnl .::-;ne}>ite
......... .... .1..,.... t.,....- .. -e , .l- . 7ill qWte , ..
he--�ln.-�=-�o��,�t, -- - - --__.. ............._,. .. ....;x+s •-kistarie
resourco--on-tho-parcel,—unless-niterations-te-fhe-ex' 'V
eolifbmlthe U.... ' States: , of=lntu iers nfticinl Standerds owl=reaHnent
of w7.,t....:,. D.,....,..••
2
75D-12
n. .,,. Va., -1 n ;1.....:t""Ian�ing-mdi.iager-a-recorded
E�e-Hwile,�n .....•...., .. .• t.-..c-�-:+„vrr.r.�*r*
Covenant, iii it Pam appH-ed by !be
ey�+€Fi��tiitg tt�d cHraseiilitig Elfak
eirile.-he . l.vc::: g ::cit -e
oecupiedr
�.�jG-.qen-a-pi reel-W-1icli-is-already
ttyit�ottld-ereatezt-non-conformiEy-Eo-ikiis-eNapter:
erTieliti 1i0fI44”
this seetiHt%-wkiekrtnfty-ie�ede
(1) All
c w
appt•twed-pursuant-to-sect ion -41-194:
s tar -) dwelling -unit -(iv
Appeal;
froth-Eime-to-tithe; the-city-council-sha{l-ny-orditiaiice-or-resoltttietresEt+l3lislrttppiepn;�te
geu. 11 ... Seeond dwelling, 0 o r rl�tiiltf administratci�
deeisien.
Any-person-aggrieved-E>ra-doteriili nation-of-the-planning-manager-4"isappFevE-pkins
tipti� ttion-fi3r-a-tninor-eci prion
whieh shall be
lieriFd by the zoning, dmj�stFatef ..taint to AtAcle• . - .
appkieatioo-may-tnektde-a-reoitest-to-v_ary-froth-the-standards-Hf-seette .. .
.3
75D-13
Scc. 41- 194.— Purpose;
The purpose of this section is to provide re'lsonablc rceulatioas for (lie developnicnl of accessory
dwelling units on residentially zoncd oropertics on lots developed or proposed to be developed
with single-family residential d+vcllines 'Such reeulations are intended to III itipLe otcutial
impncts to neighborhoods and comply with the goals •md policies of the CbLs G6nerit Plan and
comply, with requirements codified in the state Planning, and Zoning Law related to • ceessory
dwellin�,- units in residential areas including, Cnlifomia Goycmmcnt Code section 65852.2.
Sec. 41-194.1 - Definitions. As used in this section, the [iallowin words, (elms or phrases hnve
the following,; meanihes.
(I) "Attached accessory dwelling, unit" means a residential dwelling unit that is
(2)
(4)
ordinance.
(5) "Living aired' is defined as the interior habitable area ol'a dwelling unit but lot
including a garage or any accessorvstructure
(6)
cook ine.'and samitntion facilities occupied and intended fir one hciusehdld
See. 41-194:2 - Applicability.
(1) The development and desigia standards in -this section shall he avolicable to all
accessory-dwelliiu=_ units.
(2) The Director of the Pl anni»s and Building Agenc} or his/her desig,nce, shall
review kind approve or (Icily ministerial -permits for accessory dwelling units
75D-14
conforming -to the titre limits specified M(jjot,cLjjjjcjjt Code Section 65852.2 or
successor provision.
Sec 41-194.3 - Non -conforming Status.
(1) Accessory dwelling units may he permitted on parcels which are non -conforming
to this chapter, with exception ol'minimuru lot size provided they do not erette
any new non -conformances.
(2) A parcel shall comply widr the current parkbw standaeds, of this ch5pter 6rior to sir
concurrent with the est•rblishment of an accessory dwelling unit:.
Sec 41-m.4 Permitted Zones Accessory dwelling, units are ponnitted in the til; R2. 113, R4,
Sec. 41-194.6 - Use Restrictions.
(1) An accessory dwelling unit msry lie developed on a lot that either:
(u) bmlains one legally established single-family residence; or
(b)
(2) Only one accessory dwelling unit may be located on the lot.
(3) The accessory dwelling Unit shall not be sold separately horn the primary
dwelling.
(4) The acwsso cfwcllii unit shall not be rentcd'for periods of less thau 30. 86
(5)
(1) Minimum Lot Ai -ca. A minimum lot area of six thousand (6'000) square feet
shall be required in order to establishui �ccassory dwelling unit.
(2) Maximum Sire The maxinwm size of an accessory dwelling unit living area
shall 5iot ekceed seven hundred fifty 750 s(I are feet or tifly_(50 "/a)_pereeut of
75D-15
(3)
the size of the living area of the primary dwelling unit on the parcel whichever is
less.
(4)
Lot Cc
chanter.
district.
(5)
Selbacl
AMLI ica]
(6)
Design.
adiaccil
dwellnl
and TOO.
(7)
HistoH4
(8) Yassagmay. No passageway shall be required in unliunction with talc
extembi, li-om a street to one entrance of the accessory dwellili 'tit_
the too of the structure.
dwelling unit to the nearest wall of the accessory dtvellin>_' unit or attached
structure.
G
75D-16
(3)
and size:
Sec 41-194.9 Develoyiueut Standards — Attaclted Accessory Dwelling Units. Attaclied
accessory dwelling nllits S11all comply with all provision nl Sec, 41-194.7in addition to the
following:
(1) Maximum Height The height of an allnelied accessm dwelling unit shnll not
exceed the height limit a,ilied to a lirimary dwelling unit iii'the underlying.
zoning district.
(2) Exterior Stairs An attached accesstwv tlwollin€ unitshall have no exlcrior stairs.
(3)
froth the street.
requirements:
(1)
(2)
(3)
Dlinbnum Size Is no 'lees than the minimum 220 square feel in living arca
remtired for an offi6ency'dwelling gait ns�ticfined in Section 17958.1 of the
Health & Safety Code;
(4) Setbi&s The side and rear setbacks comply with buildotg code Provisions
related to fire safety;
(5)
dwellina; and
(G)
75D-17
(l) One (1) narking spnce per bedroom A minimum ol'onc (1) parkina space shall be,
provided for the accessory dwelling will
(2)
same lot as the accessory dwelling unit including but not limited to as cxnered
spaces, uncovered spaces tandem spaces or by the use of mechanical automobile
parkme lifts.
(1) The accessory dwelling unit is located within one-lialb"ile of 6ublic transit For'
during, peak commute periods
(2) The accessory dwelling uliit is located within mi historic
district,
'(3) The accessory dwolline unit is part-ol'lhe exisLing &im ary dwellin-, or 1n existing
accessory structure.
(4) What on -street parking permits are required but not offered to the occupant of the
accessory dwelling unit.
(S) "Wen there is a cur share vehicle located within one block of the accessor
and available to 4he public
(1) 'rile accessory dwelling unit shall not be sold separately from the primtny
dwelling.
(2) The unit is restricted to the auuroval size and attributcs_ofthis chanter•
75D-18
(3) 'rhe covenant restrictions run with the had and Inay be enforced against future.
purchasers.
(4) The covenant restrictions may be removed if the owner eliminates the accessciry
dwelling, unit.
(5)
the nronerty owner to e mtily with -the covenant restrictions may result in Icgal
Article V.
Use Districts — Regulations Specifically
Scc. 41-236. - Rear.yards in the ltl district.
There shall he a rear yard setback of not less than twenty (20) feCt. This -se �l
.a�,n„y to legid seeend-dwelling-units:
75D-19
ari. / 1,GISLr1T1VL lNl'ORn171TION
Home Bill Information California Lav; Publications OEher Resources tiny Subscriptions My Favorites
iiHAR,ETl41.9i
in 5§;
AB -2299 Land use; housing: 2nd units. (2j)js aub)
MsCll bly Bill V0. 2299.
GI L10TEK 735
An act'ti)'amend Sectlon 65'85L2',' f the- vernmer t-Code,,relating to.land,use:.
I,Approyed b•y Governor S-plb6mber27, 2016: Flied with Secretary of'State
September 27; 2016. j
CEGTSLATiVE'COUXTSEL'S 1)[GE9T
AB 2299, Bloom. Land use: housing: 2nd uni is.
The Planning and 7_oning Ln i auti orizes the legislaflve'body ofa tity.or.county to regulatP, ameng.bthei things,
the Intensity of land use, and?Iso authorizes a focal agency to provide: by ordinance for ,creatlon'of2nd'units
In single-ramily :and niultIf6mlly residential zones, as specified. Existing law authorizes�'.the ordinance to
designate areas within the jurisdiction of the local agency -.-.,here 2nd units may be perrnitted,:to impose specified
standards on 2nd units,and to provide that 2nd units do not exceed allowable density and'are a residential use,
as specified.
This hill would replace theterm "second unit" writh "accessory dwelling _unit." The bill v:auld,.instead, require the:
grdtnance.to include.the.alements described above andwould al.+o mquirethe ordinance to require accessory
dtrelling units to comply witll specified conditions,, This bill would require ministerial; nondlscl;etlianary, approval
of an:accessory duelling ,unit under an existing ordinance. I'he b111.viould alsri specify,thata 16 al•anency meV
reduce or eliminate parking requirements fvrany accessory .dwelling unit located within its juriidlctidn.
Existing law requires -that parking requirements for 2nd units nut exceed one parking 'space per unit or per
t eclroom. Under existing laid, additional parking may be -required. provided that a finding is made that the
additional parking requirements are di ectly related to the. use. of the 2nd unit and are cnn-si_stent,with existing'
neighborhood standards.appl)catile to residential dwellings.
This.bill would delete theabove•described authorization for additional parking requirements,
By'increa'sing the •duties -of local officlals with respect -to lOrld L196 regulatlOns, this bill would lirfpose:a state -
mandated local program.
This 6111 would incorporate ocklidonal changes in' Section 65852.2 of the,G66ernment Codw proposed by SB LOG9
that would become operative only'(f 58.1069 and: this. bill ;are both chaptemd and Become effectroe,on or bPfore.
January 1, 2017, and this Bill is chaptered last,
The California Constitution requires the state to reimburse local agencies and school districts for certain costs
maiidated by the state. Statutory pi'oJlslons"establlsll procedures for making that re lmburserrieiif.
This bill would provide that no reimbursement is'required 'by this act for a�spec;hed reason.
:rote: iiiajiirity Appropriation: ao Fiscal Conlrfilttee: yes Local Prbgraiir: yes EXHIBIT`2
75D-20
THE PEOPLE OF THE STATE OF CALiFORNIA DQ ENACT AS FOLLMS:
SECTION 1. Section 65852:2 of the Government Code Is amended to read:
65852.2 (a), (t) A local agency may, by ordihance,,,provide for the creation of"accessory dv+ciling units in single-
farnily and multifamily residential zones. The ordinance shall doalfof the:folloivinn:
(A) Designate areas Within the jurisdiction of the local agency.where.accessory dwelling units may be permitted.
The designation of areas may be based on criteria, that may Include; but are not limited to; the adequacy of
water and sewer services and.the impact of accessory dowelling units on traffic flow and pUpllc safety.
(B) impose standards"on accessory d•r'jelling units _that"include, but are not limited to; parking, helyht, SeLback,
lot coverage, landscape, architectural rovicw, maximum we of a unit, and standards thatprevent adverse
impacts on,any real property that Is listed In the California Register of Historic Places.
(C) TJotwithstandiiig. subparagraph (0); a local agency may [educe' or,611mihate parking na ulremenksJor "any
accessory dwelling unit located within Its Jurisdiction: _
(Q) Provide that accessory dwelling units (1o'hot, imded'.the ollgwanle density for the lot upon which the
accessory dwelling•unit isJocaled, and that accessory dwelling units'are-a residential Use that Is camsistent with'
the, existing general plan and zoning designation for the lot.
(E} Require the accessory,; dwelling units to comply',vith all of the folloedrig.:
(i) The,unit is not intended.for sale separate from.the primary residence:and may :be rented:
(it) The lot is. zoned for 46 le -family or multifamily use.
(iii)jhe"accessury dwelling unit Is either attached to the existing civaelling or located within thelivingarea'of-the
existing dwelling or detached from the existing dwelling and located on thesanle lovas file existing dwelling.
(iv) The' increased floor area :of -an attached, accessory d,tielling unit shall not exceed 5U.percent,of Lhe' existing
living area.
(v) The total area of.flgorspace for a detached accessory dwelling unit shall hot exceed 1,200 square feet.
(vi) No passageway shall be required In conjunction with the construction of an accessory dwellingunit:
(viq No setback shall be required For an existing garage that Is coroi&1.6d W a accessory dwelling unit, find a
setback' of no more than five feet from the side and rear lot lines shall be required for an acc?ssory darelling Unit-
that
nitthat is constructed above a garage:
(viii) Local huilding codc:rcquirements that appl% to detached dwellings, as appropriate.
(ix) App: oval by the local health officer where a private sewage disposal system Is being used, If required..
(x) (1) Parking requircinents for accessory duvelling units shall nof.exceed one parking space per unit or pe'r
bedroom. These spices may be provided as tandem parking on,an.existing 'driveway.
'(If) Offstrect parking shall bepermitted in setback areas in locations determined by the local agency or"through'
tandem parkirig, :unless specific findings are made that parking in ,setback areas or tardem' parking is not
feasible based upon specific site or regional topographical Tor fire and life safety -conditions, Or that it is: not
permitted anywhere else In.the. jurisdiction.
(xi) When a garage,"carport, or covered parking, structure 'isdemolished In cbnjunction:wlhh lhe•corn;Cuctloh'or
an accessory dwelling unit; and the local agency rcquires`that those offstreet parking spaces l e replaced, the
replacement spaces may be located in any configuration on the same lot as the accessory dwelling unit,.
inctudfng, but not Ihnited to, as covered spaces, uncovered. spaces, .or tandem spaces, or by the use of
mechanical automobile parking -lifts.
(2) The ordinance shall net be considered in Lhe application of any local ordinance" policy; qr program to Ilmit
residential growth.
(3) When a. local agency recoives its first application on or after July 1.. 2001, fill- a permit pursuantto this
subdivision, the application shall be considered' ministerially without discretionary review .Or a hearing,
75D-21
n6hvithstandlnd Section 65901 or 65906.6r any local ordinancetregulaLlhg the Issuance of variances -or'special
use permits; Within 120 21'!.ys,afiet receiving"thd applicafion.. A local agency may charge.a fee to'reimburse it fair
costs that it incurs as a result of afnendmcnts to this paragraph enacted during t1.he 2013]-02 Regular Session of
the Legislature, including the costs of adopting or amending any ordinance. that provides -for the.creation of -
accessory, dwelling units,
(4) Any existing ordinance goderning the:creation of accessorl dwelling uniLs by a local agency'or.any such
ordinance adopted by a local agency subsequent to theeffective date of the act adclinoihis paragraph shall
provide an approval process that includes only ministerial provisions for the approval ofaccessoty clwelling units
and shall not include any discretionary processes, provisions, or requirements' for those units ,except as otherwise.
provided In this subdivision. fn the cventthat a localragency has an existing accessory. dwelling unit ordinance
that fails to meet.lherequir'ements of this subdivision, that -ordinance shall be null and void upon the effective'
date of the act adding this paragraph and that. agency shall thereafter- apply the: standards established in this
subdivision for. the approval of accessory dwell{ng. units, unless and; until the agency adopts an ordinance. tliat
complies with this section,
(5) No-otiier local ordinanco, policy, or'regulation shall be the basis for"the 'denial of a.buliding, period or a use
permit under this subdivision.
(6) This subdivision establishes the maximum -" standards dhaL.local agencies -shall usezto evaluate proposed
iccesory -dwelling units onlots:zoned for'rosidential use that contain an existing "single-family dwelling. -No
addlki6nal standard,, other than those provided In this subdivision, shall be utilized or Imposed," except th"ata
local,agency may require,an applicant for a peirrnk Issued pursuant to this s ihdivision to be;ah`owner-occupant.
(7) A local (agency may amend its zoning, ordinance or general plan to incorporaLe the policies, procedures, or,
other :prcvisionc;appiicable to'the creation or accessory dwelling units,ifAliesc prdvisions are consistent with _the
limltationsor this subdivision. _ '
(8) An accessory dwelling unit that conforms to this subdivision shallbe deemed ,to bean accessary use or an.
accessory building and shall not be 'considered to exceed -the>allowable density for.the lot upon which It is<
located, and shall be'deemed to be a residential lisp. that is consistent with the existing general plan and zoning'
designations for the lot.'The accessory dwelling; units shall net be in the -application of any local
oixlinahce, policy, or program to Ilrnit rzsideritial growth.
(b) when a local agency that has not adopLed an ordinance governing, accessory dwelling, Units In accordance
with subdivision (a) 'receives Its first :application on or after July -1, 1983, for "a .permit ,pursuant to this
subdivision, the )ocal agency shall accept the.application and approvd.;or disapprove the appllcatfori ministerial{y
withogtdlkictionaiy review pursuant to sub�diyisipn (a) within 120 days alter receiving Ida lappticIation.
(c) A local agency may establish minimum and maximum unit size requirements for beth attached and detached
accessary doielbng •units. 'No mininfdm or maximum size fa, a" accessory dwelling unit, or size based upon a
percentage of the uisting dwelling, shall be.'established by ordinance'fo, eltha:r attached or detached dwellings
that does not permit, at least an efficiency unit to be.,constructed In curnpliance viith local `development.
standards..
(d) Fees charged for the construction of aceessoYy (livening units shall be determined In accordince with Chapter
5 (commencing with Section 1166000).
(e) This section does not limit the 'authority of local agencies to adopt less restrictive requirements for the,
'creation of accessory dwelling units, provided those requirements comply.wllh subdivision (a).
(f) Local agencies -shall a copy of the ordinances adopted pursuant to subdivision (a) to the Department.
of Housing and CornrnunllyDevelopment !wRhln'66 days after adoption,
(g), As used in this section, the following terips nican:
"(1) ".Living area" means the Interior habitable area of a dwelling unit including basements and.ettics but. does not
include 7 garage orany accessoa'ysti:ucture.
(2) "Local agency" means a city, county, or city and counLyi. whether general lavy or chartered.
(3) For purposes of this section, "neighborhood" lies the same meaning as set forth in Section;€+5589.5.
75D-22
"til) "Accessory dsyefling unit" means an attached or a detached residential' dwelling unit which provides complete
Independent living factlitie5: for one or more, persons, It shall Include permanent provisions for living, sleeping)
eating, "cooking, and sanitation on Che same parcel,a5 Che single-family dwe.1169 is situated. An accessory
dwating.unitalso Includes the follmving;.
(.A) All efficiency Unit; as dzfined In Ser-tion`1795BA of Health.and.5afatr+ Code.
(B) A.manufacLured home;,,as'denned in Section 18007 of the Health and Safety Code.;
(C) '•passageway" means a' pathway that is unobstructed dear j6 the sky and extends from a str'ect to one
entrance, of the accessory dwelling unit.
(h) Nothing inAhls section shall,be.c6nstruad to supersede or in any way.alteror lessen the effect or:applicattnn
of Lhe California Coastal Ac,. (Division 20'(commencing with Section 30000) of the Public Resources Code),
except that the local government shall not be. required to hold public_ lfearings, forcoastal development permit
applications for accessory dwelling.units.
SEC.A:5. Section 65852,2W tile Government Code is amended to read;
658522.:(x)'(1) la local agency ini by ordinance, provide forr-the creaLion of accessory dwelling units in single-
family and multifamily resfdenllal zones The ordinance ;,hall do;all of the following;
(A) Designate rheas within the. jurisdiction of the local agency where accessory:dwElling units. l7hay,lie permitted,
Thc,dsrgnallon of areas ina/ 1.be based on:critErra, that. may intlude,.,buhare not limited.to,, Lhe adequacy of`.
water and sewer seryice,a and the Impart of accessory dwelling units on traffic flow and'pub8csafery,
(B) (i) Impose standards -an :accessory. dwelling units- that include, but are not limitetl to, Parking, height,.
setbacki lot coverage, landscape, architectural review;: maximum size of a unit, and :standards that prevent.
adverse Impacts on any real property that is listed in the California Register of Historic Places;.
(11) Notwithstanding clause (i), a local agency may reduce'or'elirihinate parking requlren"l For any "accessory
dwelling unit located.witlhih Its jurisdiction.
(C) Provide .that accoss6ry dwelling units;do bot exceed the. allowable density for the Int upiin L,.-thc
accessory dwelling unit is located, and that accessory dwelling units are a residential use that Is consistent with
the ezisling general plan and zoning designation for the IOL.
(o) Require the accessory dwelling units to Comply with all of thesollod;in9t
(i) Tile unit isnot intended for sale separate from.the-prlmary residence and may be rented:
_(li) The lot is z,ned for single-farnily or multifamily use and,containe all existing, single-family, dwelling.
(lit) The accessory dwelling .unit is either att,iclhcd to the existing dwelling or located within the living area of the
existiriy dwelling or'det2died from the exlstiny.dwelling and located on the same lot as the existing dwelling.
(if) The Increased floor area of an attached accessory dwelling unit shall not. exceed 59 percent of• the-existln<j
living area, with a maximum increase in floor area of 1,200 square feet.
(v) The total area of floorspace for a detached accessgry dwelling unit shall not exceed 1;200 square feet.
(vi) Nq passag2way shall be.require8"in conjunctlon '-with the.constrliction of awaccessory dwelling unit.
(vtl),No setback shall be -required For an existing garage that Is convertod to a accessory dwelling unit, and e
setback of no more *,hall five feet from the side and rear lot lines shall be required for all accessory dh4elling unit
that is constructed above a,garage.
(viii)Local building code requirements that apply to detacheddwellings, as apPropriate_
(ix),Approkal by the local (health Off)cer where a private sewage disposal system Is being used, if required,
(x) (1) Parking requirements 'for, accessory dwelling units shall not exceed and ill space per unit. or per
bedroom. These spaces may be provided as tandem parking on an existing driveway.
(II) offstreet parking shall.be permitted in setback areas in locations. determined by the local agency or through
tandem parking, unless specific findings are made that parking In setbark areas or tandem parking is not
75D-23
feasible. bass id upon specific site'.or regional ,topographic_ al -or fire and life safety conditions, or .that It Is not
pormitted anywh -re elserin the jurisdiction.
(111)'Tliis clause. shall not apply to a unit that is described in subdivision (d),
(xi) When garage, carport, or covered par king;structul c is,demollshcd in conjunction with the• construction of
'an accessory duelling unit, and the local -agency requires that those pffstreet parking'spaces be replaced, the
replacement "spaces may he located in any configuration on the same lot as the accessory dwelling unit;
'including, but not Ilmited to; :as covered spaces, uncovered spaces,. or tandem spaces, or by the use' of
mechanical automobile parking lifts. This clause shall not apply to unit that is described in subdivision•(dj.
(2) The ordinance shall not`be considered in Lhe,application-of any local ordinance, policy, or program to limit
residenttal growth:
(3) When -a local agency receives its first appllcaflOn on 'or after July 1, 2003, for a permit pursuant to this
subdivision, the. application shall be considered ministerially wi,thout discretionary review, or a hearing,
notivlthstanding Section 65901 or 65906 or:any aueal ordinance regulating the issuance of vartances,or special
use permits,, •within 120,days after receiving the application. A local agency may 'charge a feeto iGimbilrse It for
casts that It Incurs as.aresult of amendments to this paragraph enacted during Lhe 2001-02 Regular Sesslorl of
the Legislature, lhcluding the costs of adopting,or amending any ordinance% that provides for. the creat ion of an
,accessory dwelling unit.
(4) An existing ordinance governing. the creation of.an'accessory dlVellinid milt by, "a local agency or an.acces.sorIy
dwelling ordinance adapted by a local agency subsequent to the effectF✓e date of the act adding this:pangraph-
shall provide an approval process thbt includes only -ministerial provisions' for the approval of accessory tiv:ellbtg
units and shall not Include any disEi'etionary:processes, firoVfsions, or requirements for those units, "except as
otherwise provided in thls subdivision. In the event:that a locaj agency has -an existing accessary. dwelling unit
ordinance that fails•to meet the requirementso rthis subdivision, that ordinance shall tie null and .void upon the%
effective irate of the act adding this paragraph -and that agency shall thereafter apply the stardards'established
in tfils*subdivisiori for theapproval of accessory dwelling units, unless. and' until,the agency adopts an: ordinance
thak'i:,ompliesavith this_sdction,
(5) No other local ordinance, policy, or regulation'shall be the basis, for the denial of a building permit or a use
perrrdt.Undor this subdivision.
(6) This subdivision establishes the.,maximurn standards that lo_cai.agencies 511,411 use to evaluate a proposed
accessory duelling unit on a lot zoned for resloantial. rise that, contains ad 'existing single-family dwelling; No
'additional standards; other than .those ,provided in this subdlVision, `s11'111.be utiliied o1' "Imposed, except ttiat a
local agency may require an applicant for a permit issued pursuant to..thfs"subdivision to be an owner=occupant
or that the property be used for rentals of terms longer than 30 days.
(7) A local agency may "amend its zoning ordinance 0 general plain to Incorporate the' policies, -procedures; or
other' provisions applicable. to the creation af;an accessory duelling unit if these provislons are consistent •riith
the limitations of this subdivision,'
(B) An accessory duelling' unit that corifornis'to_ this subdivision Shall be deemed to be an accessory use•or.an
'accessory building and shall not be ronsideted. to exceed the allowable de'nsity:for the lot upon which it is
"located, and shall be deemedtobe a residential usethatis corislstent+eiltti the existing general plan and zoning
designations for the lot. The accessory dwelling unit shall not be considered in the application of zany local
,ordinance; policy, or program to limit' residential growth.
(b). When a local agency that has not adopted an ordinance governing accessory d -welling units in accordance
With subdivision (a) receives as first applicatlon an or arter-July 1; 1903; for a permit to create an accessory
dwelling unit pursuant to this suLdivision; the local agency shall .accept the appllcation 'and approve or
disappro4e the applIcatiod ministerially without• discretionary review pursuant to subdivision (a) within 12a. 'days.
after rerelving the application:
(c) A local agency may establish minimum and maximtnn unit size requirements fpr both attached and detached
accessory doveliing.units, No minimum or maximum size for.an accessory dwelling unit, or size based upon a
porcentago,of the existing dwelling, shall bz.est,iblished by ordinance for either attached or detached dl4ellings
that does not permit at least an efficiency Unlit to- be constructed in compliance with local :development
standards: Accessory dwelling units,shall not he required to provide Fite sprinklers if they are not required for the
primary residence.
75D-24
(d) Notwithstanding any other law, a. local agency, whether or not lit has adopted an ordinance governing
accessory deaelling.units in accordance with subdivision (a), shall not impose parking standards furan accessory
,dwelling union any of the following instances)
,(I) The,accessory dwelling unit is located k'4iiin one-half mile'or public transit.
(2) The accessory dwelling unit is located within an architecturally and hisioricallysignificanthistoric:district.
(3) The. accessory dyielling unit Is e,artbf the.exlsting primary residence or an existing accessory structure.
(4) t^lhen ori street parking permits are required but not offered to the occupant of the accessory dwelling unit.
($) When literals a car share vehicle located wiLidn'one block of the accessolry dwelling unit.
ic), Notwithstanding subdivisions (a) to (d), inclusive, a local agency shall mini'sterially approve an application for
a.building permit to 'create within1. a single-family residential zone' one accessory
dwelling unit pertructurfamiVy
lot if the,unit Is contained within the existing space of a single fam!ly residence or -accessory structure; has
independent -exterior access from the existing residence, and the side and Year setbacks are sufficient, for Fre.:
safeiy..Accr•.ssory dwelling units shall not be requited to, provide fire sprinklers if they are no
required for the
primary residence.
(f) (1) Fees charged for the construction of ,accessory d•rrelliny units shall he determined ins•_accordance with
di dpter 5:(commencing with Section 66000) anti Chapter 7 (COMMet7c[n(_7 wltlj Section 66017.),
(2) Accessory'dwelling unit .shall not be considered new residential uses for the purposes of calculatinglocal
agency.connectton fees br`capacity charges for uClhties, incluiiing water and sewerservice.
(A) For an accessory dwelling unit described in subdivision (ej, a local agency si all notrequireI the appfcantto.
install a new or separate tltllRyconnection direct
between the accessory :dwelling unit and the utility orimpgse`
a related connect lon'fce-orcap6city charge..
(B) For accessory dwelling unit that Is not described in subdlvislon (ea local -agency roay require a new or
separate Utility connection directly betiveen the accessory dwelling Unit and tlie.utility• Consist1. ent with Section
66013, the connealoti may be:sub)ect to a connection fee or capacity charge that shall be•proportiohafe toaho'
burden of the proposed accessory dwelling unit; based upon either Its sizeor the number of its plumbing
fixtures, upon the water or server system. This fee or charge sliall not exceed the reasonable cost of providing
this.service.
;(g) This section does not limit the authority of locai•agencies to admit less restrictive requirements for the
creation of an amessory'dwellina unit.
(h) tr cal anencies shall submit a copy of theordinance adopted pursuant to sobdivNion (a) to:the Department of
Housing -and Community Development vtithln 6o days after adoptlom.
(i)'As used in.thls.section, the following lemic. mean:
(1) "l.lving area" means the ,intrri&habitable , area of a dwelling unit including basements avid attics but floes not
include garage or any accessory structure.
(2) "Local agency" means'a city,,county; or city and county, whether genoral law or,chartered.
55II9,5.
(3) For purposes of this saction,_"ncighborligod"has the same meaning 'as set forth In Section 6
(4)'Y'.ccesso y di^,elling.,unit" means an attached or a detached residential dwellino unit which provides, complete
Independent living fatlliites:for one.or more persons. It shall include permanent proi!Isions 'for living, sleeping,
eating, cooking, and sanitation on the same parcel as the single-family dwelling is.sitoated. An accessory
,d,t-elling unit also includesthe following:
(h).An officiency unit, -as defined in Section 17950:1 of Health and Safety Code.
(B) A manufactured home; as defined in Section 6667 of the Health'and Safety Code.
(5)'•passageway' means . -a pathway that is.unobstructed clear to the sky and extends from a.street to one
entrance of the accessory dWelling unit.
75D-25
J) Nothing In this.sectlon shall be coristr led to::supersede or in any ymy-alter or lessen the''effect or application
of�the-;California Coastal Act (6lvjsion 20 (cornmencrng with $ectlon-30Q00) of 'the Publtr. Rnsovrri:§ Code);
except that the local government shall not be, required to hold public hearings for coastal development permit
applications for accessory dwelling units.
SEC: 2. Sectioq 1 5..nf-thls bill incorporates amendments to Section6Stt52.2 of the Goveinrrtent Code proposed
by both this bill and.'Sen de i3m 1069. it shali only heconie operative if (l).both bills''are.enactedand bacome
effective on or before January 1;. 207, (2). each bfll arrienus Seaton 65§52.2 ol"the Goveriihient Codo, and (3)
this. 6111 is enacted after Senate Bill 1069, in Which case Section J:of thirbill shall not become: operative..
SEC 3. Ptd reimbursement. Is required by this act pursuant. to Seclfon G of A ticle .XIII. B' of, the California
Cdn.htufion because a .local agency or schen) district, has the authority, to leery ser vicecharges, fees, or
assessments sufficient fo:.pay for the. program or level of service mandated by tlirs act„ w$liin the meaning.of
Section. 17556 of the Government Code.
75D-26
City. of Santa Ana.
Open. Space Deficient Areas
j -
s
' /. [�+� » Jin I,•:
tl;rhd
.jc4^
�..da.�
. EXHIBIT 3
75D-27
City of Santa Ana
Transit Proximity Map
OCTA Express Bus Routes
15 Minutes (or less) with Limited Stops
Weekday Rush Hour Frequency
12 mile radio, from Bus stops
EXHIBIT a
75D-28
Soto, Ricardo
From: Keith Carpenter <edison@pacbell.net>
Sent: Thursday, August 24, 2017 8:39 PM
To: Soto, Ricardo
Subject: ADU
Thank,you for coming to the con) Link Forum, I believe a very important point to make is the very low number of
applications.'If I heard you correctly there have.been only 40 requests. That seems to translate. to.less than .00001%
based on the population of 350,000. It would seem that permitting the "illegal " units is a better option than having
housing that is, at best, unsafe.
I find it ironic that the issue of "bootleg" units is only being exacerbated by'making the AM expensive and somewhat
difficult.
also find IOronic that the same people who complain about illegal units.are also opposed to a path to. legalization:
Thanks
Sent from my (Phone
EXHIBIT 5
75D-29
Soto, Ricardo
From:
Mike Tardif <mike@tardifsheetmetal.corn>i.
Sent:
Friday, August 25, 2017 1:29 PM
To:
aaandres@andreslaw.corn; Adchristy@aol.com; Alison.Young@phs.com;
annc0i1@alLnet; bacerra@yahoo.com; bist@sbcglobal.net; chfsp2@gmail.com;'Dave
Lopez'; dayid a heliotrope-studios.com; dianemorter@gmail.com; clickmanaj a att,net;
Don Cribb; 'Ed Murashie" fosca94@gmaiLcom; fraudfinders2O10@gmaiLcom;
George@santa-ana.ty; ginelleann@gmaiLcom; Helen Martinez; imacias1230
@yahoo.com;'Irina Jauregui'; lanelleMcloiighlin@gmaiLcom; Javier epi vrashington-
square.org; jean@kolodny-anteau.com; keren1219@aol.com; kirstensketch@ine.com;
Lauratobiasgarcia@gineil.com; LiLia.Ramos23@yahoo.com; fj.bateson@sbcglobal.net;
LuterLutz@aol.corn;'Mcewenl@aol.com: Nancy-Lutz@sbcglobai.net
olivana@dslextreme.com; oscargarza @gmaiLcom; pdavid.benavides@gmai1.com;'Peter
Katz',, Phil Bacerra; Evangeline Prodigy Gawronski;'Rene Guzman';
rvdave@roadrunner.com; Sarahcrealtor@gmaiLcom; Stprstn@aol.com; suml9anet.net
Susan van der Roest; 'Terry McCall'; TFlainmarig@sbcglobal.net;
thomas.a.gordon6gmail.com; timrusha bhhscaprops.com; vjedge@pacbell.net
Cc:
SantaAnaCitizens@yahoogroups.com; Neal, Candida; Kutner; Scott; Soto, Ricardo;
Benavides, David; Solorio, Jose; Villegas, Juan; Martinez, Michele; Polido, Miguel;
Tinajero, Sal; Sanniento, Vicente
Subject:
Granny flats - City staff announcement Com -Link meejing,yesterday
Re: Santa Ana Com -Link meeting yesterday Thursday, August 24, 2017
Announcement by City staff regarding the proposed Accessory Dwelling Unit ("Granny Flat") ordinance.
Granny Flats iGFI current status
1. In the previous 13 years the City has approved a total of 40 GF (3 per year)
2. The City has received 29 applications so far this year
3. The City does not have a GF ordinance in place'
4. The City has been implementing the State "mandated" ordinance
Now City intends to address GF
I. Staff will take feedback they have been receiving from the community and the impacts of GF currently spread
throughout the neighborhoods
2. Staff will then draft a local ordinance to put before the Planning Commission in Oct./Nov, and then before the city
Council in Nov./Dec.
3; "Well before then .." Staff will have a draft ready for public review and input "to refine that ordinance"
Concerns of residents in attendance
1. "When is the draft coming out? It doesn't look like there will be much time for public comment."
Staff response: We hope to have that available for review (by Com -Link) sometime next month (September) and
it will be posted to the City website.
2. "Can we have a committee to meet with you, instead of us listening to what is happening up at City Hall"?
"How are you going to hear from us."?
Staff response: "We'll explore different ways to get.as much input from the community has we can - and then
once we develop a strategy to get that input we'll relay that to you guys here."
3. "What are you doing to get the information out to the community"?
Staff response: This is step one.
75D-30
4. There was continued concerns from residents on the short time frame' for public input.
Staff response: "We heard.your concerns in many previous meetings."
Note: To my personal knowledge there were only two neighborhood meetings (other than Com -Link) where GF was
addressed — and staff could name only one such meeting.
There were one or two Council sub -committee meetings at which GF was discussed.
Further staff response: "We are willing to do that again" and "We will use Neighborhood Improvement to reach
out to you."
"If we have a need to get additional input we will take that time."
Note: Staff did not make a commitment for additional public meetings concerning Granny Flats before it would go to
Planning Commission and Council.
5. Further Staff response: "We heard what you said- you talked about how these units impacted your
neighborhoods."
"We are working with our City Attorney's office — we want to get it 'right."
"We heard your direction in terms of regulating units so that they are safe and that they don't impact our
neighborhoods."
"And to be honest l am hoping that we have some open communication._ I'm hoping that we can really talk'about,
this because we have limitations on what we can do as a community."
6. "Will there be further community meetings (on GFi."
Staff response: "We will if we are requested to do so."
Worth notin' again
1. In the previous 13 years the City has approved a total of 40 GF
2. The City has received 29 applications since Jan. V of this year
Note: Staff did not make a commitment for additional public meetings concerning Granny Flats before it would to to
Planning Commission and Council.
Important note - The State "mandated" law has "wiggle room" built into.it— it can be adjusted to fit the needs of
Santa Ana's neighborhoods - otherwise we would not be talking about it now.
Thank you,
Mike Tardif
75D-31
Ricardo
From:
Tom Lutz .IuterIutz@aoLtom>
Sent:
Friday, August 7.5, 2017 1:55 PM
To:
mike « tardifsheetmetaLcom; aaandres@andreslaw.com; Adchristy@aol.com;
Alison.Young@phs.com; anncoil@,att.nett bacerra@yahoo:com; bist@sbcglobal,net;
chfsp2@gmaiLcom; lopezlthev@hotmaiLcom; davidgheliotrope-studios.com;
dionemorter@gmaiLcom; dickmanaj@att.net., doncribb@aol.com; emurashie@att.net;
fosca94@grnail.corn; fragdfinders20106gmail.com; George@santa-ana.ty;
ginelleann@gmaiLcom; martinezhln@gmaiLcom; imaciasl230@yahoo.com;
irmapj@yahoo.com;JanelleMclouglilin@grnail.corn; javier@washington-sguare.org;
jean@kolodny-anteau.com; kerenl219@6ol com; kirsterisketch@me.com;
Liuratobiasgarcia@gmail.com; LiLia.kamos23@yahoo.com; Ij.bateson@sbcglobaUiet;
Mcewenl@aol.com; Nancy-Lutz@sbcglobal.net; olivana@dslexireme.com;
oscargarza@gmail.com; pdavid.benavides@gmaii.com; petekatz9@gmaiLcom;
philbacerra@grnail.com; Evangeline Prodigy Ginvronski; codch.guzman37@gmaiLcom;
rvdave@roadrunner.com; Sarahcrealtor@gmaiLcom; Stprstn@aot.com; suml@anet.nei;
Susan@vdccom; tryrnc@aol.com; TFlammang@sbcglobal.net;,
thomas.a.gordon@gmail.com; timrush@bhhscaprops.com; vjedge@pacbell.net;
jgrialey3@gmaiIxorn; fosca94@gmail.corn; Adchrlsty@aol.com
Cc:
SantaAnaCitizens@yahoogroups.com; Neal, Candida; Kutner; Scott; Soto, Ricardo;
Benavides, David; Solorio, Jose; Villegas,.luan; Martinez, Michele;,Pulido, Miguel;
Tinajero, Sal; Sarmiento, Vicente, befranklio@dslextreme.com;'
rob.richardson0earthlink.nei; Imills0076mac.com
Subject:
Re: Granny flats -City staff announcemehl Com -Link meeting yesterday
Thanks Mike. I noticed that too about the 29 applicants just this year or at at least from the meeting earlier this year when
Janet Nguyen was there and staff indicated there were only about 3 or 5 applications in the last couple of years and make
It sound like we didn't have anything to worry about. And now we have 29 applications and as I told Evarigeline I would
bet dollars to donuts that those applicants aren't for "granny and gramps" but are absentee landlords who want to add
another dwelling to get another $1500+. bucks a month rent.
I also wonder how this has now become a big rush? At the Nice Meeting held four or so months ago Willi Jose and Juan,
Sal was absent, along with Hussain and Candid I carne away that there was no urgency and no direction from council to
even look Into writing an ordinance and Hussain saying we don't have enough staff people to address writing any kind of
an ordinance.
Tom
In a message dated 3/25/2017 1:29:35'PM Pacific Slandartl Tithe, mike u?hudif'shealinetuLcom writes:
Ret Santa Ana Com -Link meeting yesterday Thursday, August 24, 2017
Announcement by City staff regarding the proposed Accessory Dwelling Unit ("Granny Flat'.') ordinance.
Granny Flats (GF) current status
1. In the previous 13 years the City has approved a total of 40 GF (3 per year)
75D-32
2. The City has received 29 applications so far this year
3. The City does not have a GF ordinance in place
4. The City has been implementing the State "mandated" ordinance
How City intends to address GF
1. Staff will take feedback they have been receiving from the community and the impacts of GF currently
spread throughout the neighborhoods
2. Staff will then draft a local ordinance to put before the.planning Commission in Oct:/Nov, and then before
the City Council in Nov./Dec.
'3. "Well before then.." Staff will have a draft ready for public review and input "to refine that ordinance"
Concerns of residents in attendance
1. "When Is the draft coming out? It doesn't look like there will be much time for public comment."
Staff response: We hope to have that available for review (by Com -Link) spmetime next month
(September) and it will be posted to the City website.
2. "Can we have a committee to meet with you, instead of us -listening to what is happening up at City Hall"?
"How are you going to hear from us."?
Staff response: "We'll explore different ways to get as much input from the community has we can - and
then once we develop a strategy to get that input we'll relay that to you guys here."
3. "What are you doing to get the information outto the community"?
Staff response: This Is step one.
4. There was continued concerns from residents on the short time frame for public input.
Staff response: "We heard your concerns in many previous meetings."
Note: To my personal knowledge there were only two neighborhood meetings (other than C_ om-Link) where
GF was addressed — and staff could name only one such meeting.
There were one or two Council sub, committee meetings at which GF was discussed.
Further staff response: "we are willing to do that again" and "We will use Neighborhood Improvement
to reach out to you."
2
75D-33
"If we have a need to get additional input we will take that time."
Note: Staff did not make a commitment for additional public meetings concerning Granny Flats before it
would go to Planning Commission and Council.
S. Further Staff response: "We heard what you said —you talked about how these units impacted your
neighborhoods."
"We are working with our 'City ' Attorney's office — we want to get it right."
"We heard your direction in terms of regulating units so that they are safe and that they don't impact our
neighborhoods."
"And to be honest I am hoping that we have some open communication. I'm hoping that we tan really
talk about this because we have limitations on what we can do as a community."
6. "Will there be further community meetings (an GF). -
Staff response: "We will If we nre.reci-Bested to do so."
Worth noting=_ again
1. In the previous 13 years the City has approved a total of 40 GF
2. The City has received 29 applications since Jan.1`� of this year
Note: Staff did not make a commitment for additional public meetings concerning Granny Fiats before it
would go to planning Commission and Council.
Important note - The State "mandated" law has "wiggle room" built into it— it can be adjusted to fit the
needs of Santa Ana's neighborhoods - otherwise we would not be talking about it now.
Thank you,
Mike Tardif
75D-34
LS 11.7.17
ORDINANCE NO. NS -XXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SANTA ANA APPROVING AN AMENDMENT TO
PROVISIONS OF CHAPTER 41 OF THE SANTA ANA
MUNICIPAL CODE RELATING TO SECOND DWELLING
UNITS
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds, determines
and declares as follows:
A. The Santa Ana Municipal Code (SAMC) requires updates periodically in
order to gain compliance with new state or federal legislation.
B. On September 27, 2016, the Governor of California approved Senate Bill
1069 (SB1069) and Assembly Bill 2299 (AB2299) to amend section 65852.2 of the
Government Code relating to second dwelling units. These statutes impose new
limitations on local authority to regulate second units, which are now referred to as
..accessory dwelling units".
C. The proposed changes to the second dwelling unit development standards
are proposed to comply with the new state legislation which took effect on January 1,
2017, to allow greater flexibility in allowing these units.
D. The ordinance will incorporate new provisions of the state accessory
dwelling unit law as well as introduce provisions to regulate the size and location of
such units while taking into account the unique characteristics of the city such as
service deficiency areas.
E. The City desires to amend its local regulatory scheme for the construction
of accessory dwelling units that fully complies with section 65852.2 of the Government
Code, and finds that the proposed ordinance promotes the public health, safety and
welfare of the community.
F. The City Council has held a duly noticed public hearing on this ordinance
and has considered all testimony presented thereto.
Ordinance No. NS -XXX
Page 1 of 12
Exhibit 5
75D-35
Section 2. Pursuant to the California Environmental Quality Act ("CEQA") and
the State CEQA Guidelines, the adoption of this ordinance is exempt from CEQA review
pursuant to 14 California Code of Regulations section 15061(b)(3), and a Notice of
Exemption will be filed upon adoption of this ordinance.
Section 3: Section 41-150.5 of the Santa Ana Municipal Code is hereby amended to read
as follows:
Sec. 41-150.5. - Sesend Accessory dwelling units.
An sesend accessory 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 "sesead accessory dwelling unit," as that term is defined in California
Government Code section 54842.2(i) ), 65852.2 as it may be amended from time to
time.
Section 4: Sections 41-194 through Section 41-194.3 of the Santa Ana Municipal
Code are hereby deleted and replaced with the new Sections 41-194 through
Section 41-194.15 to read as follows:
Ordinance No. NS -XXX
Page 2 of 12
75D-36
OWN 10@11 ..
i WWI
-
ISO
11 NOW
Ordinance No. NS -XXX
Page 2 of 12
75D-36
OWN 10@11 ..
Ordinance No. NS -XXX
Page 2 of 12
75D-36
Ordinance No. NS -XXX
Page 3 of 12
75D-37
IMEM
ve
..
-
Ordinance No. NS -XXX
Page 3 of 12
75D-37
Ordinance No. NS -XXX
Page 4 of 12
75D-38
Sec. 41-194. - Purpose.
The purpose of this section is to provide reasonable regulations for the development of
accessory dwelling units on residentially zoned properties on parcels developed or
proposed to be developed with single-family residential dwellings. Such regulations are
intended to mitigate potential impacts to neighborhoods and comply with the goals and
including California Government Code section 65852.2.
Sec 41-1941 - Definitions As used in this section the following words, terms or
phrases have the following meanings:
(1) "Attached accessory dwelling unit" means a residential dwelling unit that is
attached to or located within the living area of an existing primary dwelling
unit and that provides independent living sleeping eating a single kitchen
for cooking and sanitation facilities for one or more persons. An attached
(2) "Detached accessory dwelling unit' means a residential dwelling unit that
facilities for one or more persons A detached accessory dwelling unit
also includes an efficiency unit as defined in California Health and Safety
Code section 17958 .1, and a manufactured home, as defined in section
18007.
Ordinance No. NS -XXX
Page 5 of 12
75D-39
(3) "Existing accessory structure" means an accessory structure. as defined in
this chapter, which was legally established and existing prior to adoption
of this ordinance.
(4) "Existing garage" means a garage that was legally established and
existing prior to adoption of this ordinance.
(5) "Living area" is defined as the interior habitable area of a dwelling unit but
not including a garage or any accessory structure
(6) 'Primary dwelling" means an existing single-family residential structure on
household.
Sec. 41-194.2 - Applicability.
(1) The development and design standards in this section shall be applicable
to all accessory dwelling units.
(2)
dwelling units conforming to the time limits specified by Government Code
Section 65852.2 or successor provision.
Sec. 41.194.3 - Non -conforming Status.
(1) Accessory dwelling units may be permitted on parcels which are non-
conforming to this chapter, with exception of minimum lot size provided
they do not create any new non -conformances
(2)
Sec. 41-194.4 - Permitted Zones. Accessory dwelling units are permitted 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
Sec. 41-194.5 - Open Space Deficiency. No accessory dwelling unit shall be permitted
on any parcel within an area the city has designated as deficient in public open space
as shown on the maD entitled "Areas of Open Space Deficiency" on file with the clerk of
the council.
Ordinance No. NS -XXX
Page 6 of 12
75D-40
Sec. 41-194.6 - Use Restrictions.
(I) An accessory dwelling unit may be developed on a parcel that either:
(a) Contains one legally established single-family residence; or
(b) Will have one new detached single-family residence permitted
concurrently with the accessory dwelling unit.
(2) Only one accessory dwelling unit may be located on the parcel.
(3) The accessory dwelling unit shall not be sold separately from the primary
dwelling.
(4) The accessory dwelling unit shall not be rented for periods of less than
thirty (30) days.
(5) The primary dwelling unit or the accessory dwelling unit shall be
continuously occupied by at least one person having an ownership interest
in the parcel.
Sec. 41-194.7 - General Development Standards. Unless specifically stated in
subsection 41-194.9, accessory dwelling units shall comply with the following
development standards:
(1) Minimum Lot Area. A minimum lot area of six thousand (6.000)
(2) Maximum Size. The maximum size of an accessory dwelling unit livin
area shall not exceed seven hundred fifty (750) square feet or fifty (50%)
percent of the size of the living area of the primary dwelling unit on the
parcel, whichever is less.
(3) Minimum Size. The accessory dwelling unit shall contain no less than the
220 square feet in living area the City requires for an efficiency dwelling unit
which is defined in Section 17958.1 of the Health & Safety Code.
(4) Lot Coverage. 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.
(5) Setbacks. An accessory dwelling unit must meet the setback standards
of the applicable zoning district.
Ordinance No. NS -XXX
Page 7 of 12
75D-41
(6) Design. The design of the accessory dwelling unit shall preserve the
privacy of adjacent uses and be architecturally compatible to the design of
the primary dwelling by use of similar materials and textures, window
types, roofing materials and roof pitch, and shall comply with the adopted
Citywide Design Guidelines.
(7)
the accessory dwelling unit shall not be placed or constructed so as to
result in a modification of the 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.
(8) Passageway. No passageway shall be required in conjunction with the
construction of an accessory dwelling unit. For the purpose of this section,
"Passageway" shall mean a pathway that is unobstructed clear to the sky
and extends from a street to one entrance of the accessory dwelling unit.
addition to the following:
structure to the too of the structure.
(2) Separation. There shall be a minimum of fifteen (15) feet separation
between the primary dwelling unit and a detached accessory dwelling unit
and a minimum of five (5) feet between a detached accessory dwelling unit
and an accessory building. Separation shall be measured from the exterior
wall of the primary dwelling unit to the nearest wall of the accessory dwelling
unit or attached structure.
(3)
location and size.
addition to the following:
75D-42
Ordinance No. NS -XXX
Page 8 of 12
(1) Maximum Height. The height of an attached accessory dwelling unit shall
not exceed the height limit applied to a primary dwelling unit in the
underlying zoning district.
(2) Exterior Stairs. An attached accessory dwelling unit shall have no exterior
stairs.
(3) Entrances. No attached accessory dwelling unit shall have an outside door
on the primary elevation of the primary dwelling unit or an outside door that
is visible from the street.
Sec. 41-194.10 - Development Standards — Conversion of Existing Structures. An
existing structure converted to an accessory dwelling unit is not subject to the development
standards of subsections 41-194.7 through 41-194.9 provided that the unit complies with all
of the following requirements:
(1) Conversion of Existing Space. Is contained within an existing single-famil
residence, existinq garage or existing accessory structure:
(2) Maximum Size. Is a maximum of seven hundred fifty (750) square feet of
living area in size or fifty (50%) percent of the size of the living area of the
primary dwelling unit on the parcel, whichever of the two is less;
(3) Minimum Size. Is no less than the minimum 220 square feet in living area
the City requires for an efficiency dwelling unit which is defined in Section
17958.1 of the Health & Safety Code;
(4) Setbacks: The side and rear setbacks comply with building code provisions
related to fire safety.
(5) Independent Access. Has independent exterior access from the existing
residence, which shall not be located on the primary elevation of the primary
dwelling; and
(6) Independent Living Facilities. Has independent living, sleeping, eating, a
(1)
75D-43
Ordinance No. NS -XXX
Page 9 of 12
(2) When a -garage is demolished in conjunction with the construction of an
accessory dwelling unit, the replacement spaces may be located in any
configuration on the same parcel as the accessory dwelling unit including,
but not limited to, as covered spaces, uncovered spaces tandem spaces or
by the use of mechanical automobile parking lifts.
(1) The accessory dwelling unit is located within one-half mile of public transit.
For the purposes of this section "public transit' shall mean a bus stop with
fixed route express bus service that provides transit service at 15 -minute
intervals or better during peak commute periods.
(2) The accessory dwelling unit is located within an historic district.
(3) The accessory dwelling unit is part of the existing primary dwelling or an
existing accessory structure.
(4) When on -street parking permits are required but not offered to the
occupant of the accessory dwelling unit.
(5) When there is a car share vehicle located within one block of the
accessory dwelling unit. For the purposes of this section "car -share
Sec. 41-194.13 - Restrictive Covenant. Prior to issuance of a building permit for an
accessory dwelling unit, a covenant consenting that either the primary dwelling unit or the
accessory dwelling unit shall be owner -occupied shall be recorded against the title of the
property in the County Recorder's office and a copy filed with the Planning Division. Said
covenant shall run with the land, and shall bind all future owners, heirs, successors, or
assigns.. The form of the deed restriction shall be provided by the City and shall provide
that:
(t) The accessory dwelling unit shall not be sold separately from the primary
dwelling.
(2) The unit is restricted to the approval size and attributes of this chapter.
(3) The covenant restrictions run with the land and may be enforced against
future purchasers.
Ordinance No. NS -XXX
Pagel 0 of 12
75D-44
(4) The covenant restrictions may be removed if the owner eliminates the
accessory dwelling unit.
(5) The covenant restriction shall be enforced by the Director of Planning and
Building or his or her designee for the benefit of the City of Santa Ana.
Failure of the propertV owner to comply with the covenant restrictions may
result in legal action against the property owner and the City shall be
unit in violation of the recorded restrictions or abatement of the illegal unit.
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 may be appealed to the
planning commission pursuant to said Article V.
Section 5. Section 41-236 of the Santa Ana Municipal Code is hereby amended to
read as follows:
Sec. 41-236. - Rear yards in the R1 district.
There shall be a rear yard setback of not less than twenty (20) feet. This seGtioa
she'! Rot apply to legal seGend dwelliRg units.
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 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. NS -XXX
Page 11 of 12
75D-45
ADOPTED this day of
APPROVED AS TO FORM:
Sonia R. Carvalho
City Attorney
By:a�
Lisa Storck
Assistant City Attorney
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
2017.
Miguel A. Pulido
Mayor
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify that the
attached Ordinance No. NS -XXX 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
75D-46
Ordinance No. NS -XXX
Page 12 of 12
Jeffrey Fertal
809 Grovemont Street
Santa Ana, CA 92706
October 27, 2017
Santa Ana City Council
20 Civic Center Plaza
Santa Ana, CA 92701
RE: ACCESSORY DWELLING UNITS ORDINACE
Dear Honorable Mayor and members of the City Council,
My name is Jeffrey Fertal, a resident of Santa Ana. I expect to close escrow on a home very soon for a
property located at 1801 N. Bush Street. The subject property is an existing single- family residence and
is a Legal Non -Conforming Use on a property currently zoned (P) Professional.
This letter serves as a written request to the City Council to consider a revision to the proposed
Ordinance regulating Accessory Dwelling Units (ADUs). As drafted, the proposed Ordinance would not
permit an ADU on a property that is not zoned for Single Family use. Unfortunately, there are dozens,
perhaps hundreds, of existing single-family properties within the City of Santa Ana that are not currently
zoned for single family use, that would be prohibited from constructing an ADU. In all likely hood, these
properties may never be developed or used as permitted under their existing zoning designation.
Consequently, these single family residential properties will be unfairly discriminated from benefiting
from the ADU Ordinance.
The intent of the State's Revised ADU Bill is to increase the opportunities to construct ADUs and provide
more flexibility in the development and approval of these units. Therefore, I respectfully request that
the City Council consider revising the proposed Ordinance to include more flexibility as provided below:
"Accessory Dwelling Units (ADUs) shall be permitted on properties that contain a single-family
residence but are Legal Non -Conforming Use. The ADU shall only be permissible on eligible Legal Non -
Conforming properties during such time that the property is used as a single-family residence."
My intent to construct an ADU at 1801 N. Bush Street is to provide living quarters for my mother in-law.
She is not physically able to reside in the main house where the bedrooms and bathrooms are on the
second story. The ADU will provide her with a safe and accessible living quarter. If the proposed
language is too broad, perhaps the approval of an ADU on Legal Non -Conforming lots can be considered
by the City Manager on a case by case basis.
Thank you for your consideration of my request.
Jeffrey FertaI
EXHIBIT C
7501-47
75D-48