Proposed Ordinance Aims to Ease Overcrowding in Santa Ana Homes : Housing: It would require allotment of 150 square feet of living space for a dwelling unit with two occupants.

In an effort to crack down on residential overcrowding, city officials are proposing an ordinance that could lead to fines or jail for residents and landlords who allow too many people to live in one dwelling.

The city’s neighborhood associations, which have already called for the banning of pushcart vendors and open-air swap meets as part of a new set of neighborhood standards, have also asked the city for an ordinance that would establish square footage requirements for living space.

“We’ve dropped our standards in Santa Ana,” said Realtor Mickey Madden, a resident who wants the council to pass the proposed ordinance. “We are more like Tijuana than we are Santa Ana. The city used to be a lovely place to live.”

Some community activists, however, say the proposed occupancy-limitation ordinance is likely to discriminate against low-income families.

“Many times, low-income families can’t afford rent on their own, so they share an apartment with others,” said Irene Martinez-Griffith, chairwoman of the Chicano Latino Caucus for the Orange County Democratic Club. “What are they going to do with these families, put them out on the streets?”

Other cities in the county, such as Stanton and Tustin, are also researching stricter occupancy regulations to see whether they are needed. Last week, Stanton officials said they may consider revising their housing code, which currently specifies occupancy based on square footage.

Santa Ana’s proposed occupancy ordinance would require that any dwelling unit with two occupants have at least 150 square feet of living space, excluding stairwells, halls, closets, bathrooms, and kitchens. An additional 100 square feet would have to be alloted for each additional occupant.

According to calculations by city staff, the ordinance would reduce the number of people living in apartment units by half. For example, in a typical one-bedroom apartment only five residents would be allowed instead of the 10 under current regulations.

The city currently follows the state housing code, which focuses on sleeping areas rather than overall living space. The state code states that 70 square feet of sleeping area is required for the first two occupants of a residence plus 50 square feet of sleeping area for each additional occupant.

A 1989 court decision required Santa Ana to follow the state housing code permitting other rooms besides the bedroom to be considered as sleeping quarters. Previously, the city had maintained that only bedrooms could be used for sleeping areas.

The City Council will consider the occupancy ordinance Monday night at its regular meeting. If approved, it will become part of the city’s municipal code. Municipal code violators are subject to a $500 fine or six months in jail.

Jim Lindgren, manager of Santa Ana’s inspections services division, said neighborhood associations believe the city has reached a “crisis point” in overcrowded dwellings.

While the ordinance focuses on both tenants and landlords, Lindgren said that the city will most likely target apartment owners.

“We’re not in the apartment-owner-bashing business. But we do want to solve overcrowding,” Lindgren said.

“Every time we attend a neighborhood association meeting, overcrowding is the prime topic of conversation and concern,” Lindgren said. “Complaints run the gamut. Overcrowding has caused unsanitary conditions, too many cars, loitering, vandalism and overloaded sewers.”

However, Richard L. Spix, an attorney for the Latino rights group Hermandad Mexicana Nacional, said the proposed ordinance is “a step backward.”

“This is going to have a serious effect on the displacement of many families throughout Santa Ana,” Spix said. “At least 50% of low- and moderate-income families would be in violation of this proposed ordinance.”

Mary Anne Gaido of the county’s Human Relations Commission said Santa Ana has come a long way from its past restrictions on overcrowding, which once limited two people per bedroom.

“Compared to the past, the city is moving in the right direction. This can help families,” Gaido said.

According to a staff report to the City Council, overcrowding has overloaded city services, caused a higher crime rate, displaced longtime residents, diminished appeal of the city for prospective new residents, and created traffic and parking congestion.

Overcrowding has long been an issue in Santa Ana, which is now the most populated city in the county. Last year, a citizen’s advisory group issued a report that named “overcrowding” as one of the city’s five most critical issues of concern for the 1990s. The group blamed overcrowding on lax enforcement of immigration politics and regulation.