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 7 requirements, lot coverage maximums, and open space minimums. In addition, a local ordinance must permit ADUs on multi -family residential properties, non -conforming sites, and must include provisions for the establishment of JADUs on properties developed with single-family residences. State law also prohibits local agencies from imposing any impact fees for ADUs that are less than 750 square feet in size. Larger units shall be charged proportionately in relation to the square footage of the primary dwelling unit. Lastly, state law sets strict time limits for review of ADU and JADU applications (maximum of 60 days from date of application submittal). If the local agency fails to act within the allotted time, the application shall be deemed approved. To ensure compliance with state law, HCD has been granted oversight authority over local ADU ordinances. HCD is now responsible for reviewing local ordinances within 60 days of adoption to ensure compliance with state law. Additionally, HCD may refer local agencies to the Attorney General for further action if a local agency's ordinance conflicts with state law and said agency fails to amend its ordinance in response to the department's findings or does not adopt a resolution addressing HCD's comments and explaining the reason the ordinance complies with state ADU law. However, based on staff's discussions with HCD, the proposed ordinance will not require Attorney General involvement. Table 2: CEQA, Strategic Plan Alignment and Public Notification & Community Outreach CEQA CEQA Type Exempt per Section 15282 h Reason(s) In accordance with the California Environmental Quality Act (CEQA), the recommended Exempt or Analysis action is exempt from CEQA per Section 15282(h). This exemption applies to the adoption of an ordinance regarding accessory dwelling units by a city or county to implement the provisions of Sections 65852.1 and 65852.2 of the Government Code as set forth in Section 21080.17 of the Public Records Code, therefore, the activity is not subject to CEQA. Strategic Plan Alignment Goal(s) and Policy(s) Approval of this item supports the Citys efforts to meet Goal No. 5 - Community Health, Livability, Engagement & Sustainability, Objective No. 3 (facilitate diverse housing opportunities and support efforts to preserve and improve the livability of Santa Ana neighborhoods). Public Notification & Community Outreach Required Measures The proposed amendments are citywide, and the project site is not located within the boundaries of one single neighborhood association. However, a notice was published in the Orange County Register. At the time of this printing, staff received a phone call and electronic correspondence from the California Department of Housing and Community Development (HCD), and one written correspondence from Californians for Homeownership, which are attached to this report. Conclusion Based on the analysis provided within this report, staff recommends that the Planning Commission recommend that the City Council approve Zoning Ordinance Amendment No. 2019-05, /Z<� �� Ricardo Soto, AICP Associate Planner 75B-31