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

Home Browse Search

ZOA No. 2019-05 — Accessory Dwelling Units Ordinance Amendments February 10, 2020 Page 2 this year, leaving staff to implement state ADU standards as set forth in the Government Code since that time. The subject ZOA was scheduled for Planning Commission consideration on January 27, 2020 but was continued to February 10, 2020 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 communications were received as of the printing of this staff report. The attached ordinance has been created in order to preserve the limited remaining authority the City has to regulate ADUs and JADUs as a result of these 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. Planning Commission Study Session and Previous Outreach On December 9, 2019, staff held a work-study session with the Planning Commission to review state legislation pertaining to ADUs and JADUs that took effect January 1, 2020, and the limitations on local agencies to regulate their construction. In addition, staff provided an overview of the community outreach effort undertaken in 2017 and 2018 that included a project meeting open to the public, presentations at ComLink, a meeting with the ComLink Board, meetings with housing advocacy groups, study sessions with the Planning Commission Zoning and General Plan Subcommittee, as well as the complete Planning Commission, and several presentations to City Council. That effort resulted in the creation of an ADU ordinance that reflected the community's values and delivered additional housing options to residents. Lastly, staff informed the Planning Commission of its intent of maintaining as many of the standards developed as a result of that process in the proposed ADU ordinance and only amending those sections in conflict with new state law. At that time, the Planning Commission did not make any recommendations. Protect Description and Analysis Multiple changes to state ADU law have prompted staff to revisit Santa Ana's local ADU ordinance. 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, on the following page: 75B-26