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ZOA No. 2022-06 – Urgency Ordinance <br />December 6, 2022 <br />Page 2 <br />3 <br />0 <br />7 <br />0 <br />prescribed that local ordinances that are not in complete compliance with state ADU law <br />are null, void, and superseded by state law. <br />AB 2221 and SB 897 are the latest bills enacted by the legislature and signed by the <br />Governor that will make changes to state ADU law. Together, the bills will allow taller units, <br />encroachment into the front yard setback to accommodate an ADU of at least 800 square <br />feet in size, clarify that non-habitable space attached to a single-family residence, such as <br />an attached garage, can be converted into a JADU, require an interior entry between a <br />primary residences and a JADU when sanitation facilities are shared, and include a series <br />of amendments to application review procedures. Both bills will take effect on January 1, <br />2023, and will make Santa Ana’s local ordinance null and void if conflicts are not amended <br />and in effect before then. <br /> <br />To ensure Santa Ana’s local ordinance remains consistent with state law and thereby <br />enforceable, several sections of Article II (Use Districts) of Chapter 41 (Zoning) relating <br />to ADUs and JADUs are impacted and must be amended. Table 1 below and on the <br />following pages provides a summary of the major changes necessary to make Santa <br />Ana’s local ADU ordinance consistent with state law. If adopted by the necessary two- <br />thirds (2/3) vote, the proposed changes would become effective immediately citywide. <br />Table 1: ZOA No. 2022-06 Current and Proposed Text Regulations <br />Item Existing Zoning Code <br />Regulations <br />State Law Proposed Zoning Code <br />Regulations <br />Interior Entry Sec. 41-194.1(4) allows <br />JADUs to share <br />sanitation facilities with <br />primary dwelling. <br />If a permitted JADU <br />does not include a <br />separate bathroom, an <br />interior entry to the <br />primary dwelling shall <br />be provided. <br />Update Sec. 41-194.1(4) to <br />explicitly require an interior <br />connection between a JADU <br />and the primary unit when <br />sanitation facilities will be <br />shared. <br />Multiple <br />Single-family <br />Residences <br />on a Single <br />Lot <br />Sec. 41-194.2(C) permits <br />ADUs on lots developed <br />or proposed to be <br />developed with a single- <br />family residence. <br />However, the existing <br />ordinance does not <br />clearly express how <br />many ADUs are <br />permitted on lots with <br />multiple detached single- <br />family residences. <br />Permits one ADU on <br />lots developed or <br />proposed to be <br />developed with multiple <br />detached single-family <br />residences. <br />Update Sec. 41-194.2(C) to <br />expressly state that only one <br />ADU is permitted on lots <br />developed or proposed to be <br />developed with a single-family <br />residence or multiple detached <br />single-family residences. <br />Multi-family <br />Buildings <br />Sec. 41-194.2(D) permits <br />conversion of non- <br />habitable square footage <br />within a multi-family <br />building at a rate up to 25 <br />percent the number of <br />units on the lot. <br />Additionally, the section <br />Permits conversion of <br />non-habitable square <br />footage within a multi- <br />family building at rate <br />up to 25 percent the <br />number of units on the <br />lot. Additionally, permits <br />two detached ADUs. <br />Make clarifying edits to Sec. 41- <br />194.2(D) to explicitly state that <br />the two permitted detached <br />ADUs can be provided through <br />new construction or conversion <br />of existing detached accessory <br />buildings, or combination <br />thereof.