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

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ZOA No. 2019-05 — Accessory Dwelling Units Ordinance Amendments February 10, 2020 Page 5 Number of Units Allowed As is required by state law, each property developed or proposed to be developed with a single- family residence will be permitted to construct both an ADU and a JADU. This could result, potentially, in a single-family property with up to three units. Moreover, properties developed with multi -family residences are permitted to convert existing non - habitable space within the building, including garages, into ADUs in the amount up to 25 percent the number of existing units on the site. For example, a multi -family residence with 20 units may convert existing non -habitable space up to a total of five ADUs. In addition to converting existing non -habitable space within the building, two detached ADUs are also permitted, either through the conversion of existing detached non -habitable space or new construction. The proposed ordinance will reflect these changes to state law. Size of Units Santa Ana's prior ordinance limited ADUs to a minimum of 220 square feet and a maximum of 750 square feet in size; units could not exceed 50 percent the size of the primary residence, and a maximum of one bedroom. The size and bedroom limitations were established as a response to community concerns related to overcrowding, the scale of ADUs in comparison to smaller homes that are found in the city, and exacerbation of on -street parking issues that many neighborhoods are experiencing if multiple bedrooms were permitted. New state law allows local agencies to permit ADUs up to 1,200 square feet in size. However, it also allows cities to establish maximums below that threshold as long as maximums are not set below 1,000 square feet for ADUs that provided two or more bedrooms and 850 square feet for ADUs that provide one bedroom or less. To establish a uniform maximum that complies with state law and is in keeping with the feedback received when the prior ordinance was established, the proposed ordinance will limit ADUs to a maximum 1,000 square feet for detached units and 1,000 square feet or 50 percent the size of the primary residence for attached units, regardless of number of bedrooms. Staff believes that setting two maximums will create confusion and is unnecessary as there is no incentive for a property ownerto provide less bedrooms and limit the potential size of their unit. Thus, setting one maximum will result in a uniform product. The limitation on ADU size will not affect development standards that apply to the primary residence on the site. On -site Open Space Currently open space in Santa Ana is provided at a rate below the two acres per 1,000 residents goal established in the Open Space, Parks, and Recreation Element in the City's General Plan. With the city being built out and land prices that make construction of new parks prohibitive, requiring open space on private property is critical to provide residents recreational opportunities, gathering spaces, and outdoor amenities. The proposed ordinance maintains the 1,200 square feet of non -front yard open space requirement on single-family residential properties that was part of the prior ordinance to ensure residents are provided with outdoor amenities. However, state law, while allowing for these types of development standards to be imposed, states that they cannot prohibit the construction of an ADU of at least 75B-29