75B - PUBLIC HEARING ZONNG ORDINANCE NO. 2019-05

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Zoning Ordinance Amendment No. 2019-05 March 17, 2020 Page 2 ordinance shall be null and void..." As such, Santa Ana's local ADU ordinance became null and void January 1 of this year, leaving staff to implement state ADU standards as set forth in the Government Code since that time. The subject Zoning Ordinance Amendment (ZOA)(Exhibit 1) was scheduled for Planning Commission consideration on January 27, 2020 but was continued to February 10, 2020 (Exhibit 2) to allow the City sufficient time to respond to comments from the California Department of Housing and Community Development (HCD) and Californians for Homeownership, which expressed concerns about the following areas: definition of existing buildings, enumeration of zoning districts, discretionary process for sites listed on the Historic Register, and standards that address special categories of ADUs listed in state law. Staff subsequently reviewed and modified the draft ordinance to address expressed concerns. The revised ordinance was subsequently shared with the California Department of Housing and Community Development (HCD) and Californians for Homeownership, and no additional comments were received as of the preparation of this staff report. PROJECT ANALYSIS The proposed ordinance has been created in order to preserve the limited remaining authority the City has to regulate ADUs and JADUs as a result of new state laws. If the City does not adopt a local ordinance, it is required to continue reviewing and processing applications for ADUs and JADUs pursuant to the minimum standards set forth in the Government Code, or it could be subject to litigation. To ensure compliance with the newest state ADU and JADU laws and to establish an ordinance that is responsive to local conditions and community concerns, staff is proposing to amend several sections of Chapter 41 (Zoning) of the SAMC. These amendments are described and analyzed in Table 1: Summary of Amendments: Table 1: Summary of Amendments Table 1: Proposed Amendments Item Existing New State Law Proposed Zoning Permitted in all Permitted in all Section 41-194.2 Districts Where residential zoning residential or mixed -use Permitted districts and in the zoning districts where PermitADUs and/or JADUs in all zoning districts Professional (P) residential is an where residential or mixed -use development zoning district where allowable use. that allows residential uses are permitted. properties are developed with a Results: single-family Permits ADUs and JADUs in all residential and residence. mixed -use zoning districts. 75B-2