Planning and Building Agency
www.santa-ana.org/pba
Item # 35
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
January 21, 2025
TOPIC: Zoning Ordinance No. 2024-03 to Amend Article II (Use Districts) of Chapter 41 (Zoning) of the Santa Ana Municipal Code in Compliance with Changes to State Law Pertaining to Accessory Dwelling Units and Make Other Minor Clarifying Changes (Citywide)
AGENDA TITLE
Zoning Ordinance Amendment No. 2024-03 – An Ordinance of the City Council of the City of Santa Ana Amending Article II (Use Districts) of Chapter 41 (Zoning) of the Santa Ana Municipal Code Relating to Accessory Dwelling Units (ADUs) Legal notice published in the OC Reporter on December 30, 2024.
RECOMMENDED ACTIONS
1. Conduct a first reading and adopt Zoning Ordinance Amendment No. 2024-03 to amend Article II (Use Districts) of Chapter 41 (Zoning) of the Santa Ana Municipal Code related to accessory dwelling units to be in compliance with changes to State ADU law enacted under Senate Bill 1211 that took effect January 1, 2025.
ORDINANCE NO. NS-XXXX entitled AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF SANTA ANA AMENDING ARTICLE II (USE DISTRICTS) OF CHAPTER 41 (ZONING) OF THE SANTA ANA MUNICIPAL CODE RELATING TO
ACCESSORY DWELLING UNITS TO BE IN COMPLIANCE WITH CHANGES TO STATE LAW ENACTED UNDER SENATE BILL 1211 AND MAKE OTHER MINOR
CLARIFYING CHANGES
2. Determine that adoption of this ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Section 15282(h) of the CEQA Guidelines.
GOVERNMENT CODE §84308 APPLIES: No
EXECUTIVE SUMMARY
On September 19, 2024, Governor Newsom signed new housing laws that included Senate Bill (SB) 1211, amending State accessory dwelling unit (ADU) law. The bill became effective January 1, 2025. The proposed ordinance will amend several sections of the zoning code to make Santa Ana’s local ordinance (SAMC Section 41-194 et seq.)
ZOA No. 2024-03: ADU Ordinance Amendments (Citywide)
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consistent with changes to State ADU law. Specifically, staff proposes amendments to Santa Ana Municipal Code (SAMC) Sections 41-194 (Purpose), 41-194.1 (Definitions), 41-194.2 (Permitted zones and applicability), and 41-194.3 (Development standards) in order to comply with State ADU Law. It also proposes to update outdated references to the Government Code and change language with respect to ADU size.
On December 9, 2024, during its regularly scheduled meeting, the Planning Commission voted 5:0, with Vice-Chairperson Ramos and Commissioner Leo absent, to recommend that the City Council approve the proposed amendments to Chapter 41. As part of its recommendation to approve, the Planning Commission did not include any changes to the proposed ordinance amendments.
DISCUSSION
ADUs are seen as a critical component in addressing the statewide housing shortage. As such, the California Legislature has enacted bills making changes to State ADU law in nearly every legislative session since 2016. Collectively, the bills have made changes to development and design standards that can be imposed by local agencies, the number of units that can be constructed on a property, set limits on parking standards and included parking exemptions, required streamlined review processes, and prescribed that local ordinances that are not in compliance with state ADU law are null and void and superseded by State law.
SB 1211 is the latest bill enacted by the legislature and signed by the Governor that made changes to State ADU law. The bill increases the number of detached ADUs that can be constructed on lots with multi-family buildings, prohibits local governments from requiring replacement of uncovered parking spaces, and clarifies the definition of livable space.
To ensure Santa Ana’s local ordinance remains enforceable and consistent with State law, sections of Article II (Use Districts) of Chapter 41 (Zoning) relating to ADUs and Junior Accessory Dwelling Units (JADUs) that are impacted must be amended.
Table 1 below provides a summary of the major changes necessary to the local ADU ordinance. If adopted, the ordinance would require a second reading and would become effective 30 days thereafter.
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Table 1: ZOA No. 2024-03 Current and Proposed Text Regulations Item Existing Zoning Code
Regulations
New State Law Proposed Zoning Code
Regulations
Multi-Family
Buildings
Sec. 41-194.2(D) permits
two detached units, either
new construction or
conversion of existing
detached accessory
buildings, to a total of two
ADUs.
1. Permits the
construction of up
to eight detached
ADUs on lots
developed with a
multi-family
building; however
the number of
ADUs shall not
exceed the number
of existing units on
the lot.
2. Lots proposed to be
developed with a
multi-family building
are permitted to
construct up to two
detached ADUs.
1. Add Sec. 41-194.2(E) to
permit the construction of
up to eight detached ADUs
on lots developed with a
multi-family building.
2. Add Sec. 41-194.2(F) to
permit the construction of
up to two detached ADUs
on a lot proposed to be
developed with a multi-
family building.
Parking
Requirements
Existing ADU ordinance
provides definitions for
existing carport, existing
covered parking
structure, and existing
garage. It also states that
when one of the
aforementioned is
demolished in
conjunction with the
construction of an ADU,
or converted to an ADU,
replacement of those
parking spaces is not
required.
Enumerates an
additional definition for
uncovered parking
space that is not
required to be replaced
in conjunction with the
construction of an ADU,
or when it is converted
to an ADU.
1. Add Sec. 41-194.1(4) to
define existing uncovered
parking space.
2. Amend Sec. 41-194.3(M)
to include uncovered
parking spaces on the list
of parking that can be
demolished in conjunction
with the construction of an
ADU, or converted to an
ADU, without requiring
replacement of that
parking.
Livable Space Existing ADU ordinance
defines living area as
interior habitable area of
a dwelling unit, including
basements and attics, but
does not include a
garage or any accessory
structure. The ordinance
does not define livable
space.
Clarifies the definition of
livable space as a
space in a dwelling
intended for human
habitation, including
living, sleeping, eating,
cooking, or sanitation.
Add Sec. 41-194.1(7) to define
livable space as a space in a
dwelling intended for human
habitation, including living,
sleeping, eating, cooking, or
sanitation.
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Item Existing Zoning Code
Regulations
New State Law Proposed Zoning Code
Regulations
State ADU
Law
Reference
References prior
Government Code
sections (65852.2 and
65852.22) that governed
ADU development.
Senate Bill 477
relocated numerous
Government Code
sections into a new
chapter to make State
law governing ADUs
and JADUs easier to
read and navigate.
Update all references to the
Government Code to reflect
reorganization of State
ADU/JADU law.
Size Provides that conversion
of an existing accessory
structure or a portion of
the existing primary
residence to an ADU is
not subject to size
requirements, at Section
41-194.3(D)
Change is not related
to recent legislation but
to ensure more precise
and appropriate
language is used—
“size limits” rather than
“size requirements.”
Changed language at Section
41-194.3(D) replacing the term
“requirements” with “limits”.
ENVIRONMENTAL IMPACT
Pursuant to the California Environmental Quality Act (“CEQA”) and the State CEQA Guidelines, adoption of this Ordinance is exempt from CEQA review pursuant to Section 15282(h) which provides a statutory exemption for the adoption of an ordinance regarding ADUs in a single-family or multifamily residential zone by a city or county to implement the provisions of Sections 66310, et seq. of the Government Code as set forth in Section 21080.17 of the Public Resources Code. As a result, a Notice of Exemption, Environmental Review No. 2024-96, will be filed upon adoption of this ordinance.
FISCAL IMPACT
There is no direct fiscal impact associated with this action.
EXHIBITS
1. Ordinance for ZOA No. 2024-03
2. Copy of Public Notice
Submitted By: Minh Thai, Executive Director of the Planning and Building Agency Approved By: Alvaro Nuñez, City Manager