Laserfiche WebLink
ZOA No. 2022-06 – Urgency Ordinance <br />December 6, 2022 <br />Page 5 <br />3 <br />0 <br />7 <br />0 <br />JADU – Interior Entry <br />In instances where a JADU shares a sanitation facility with the primary residence, new <br />state law requires the JADU to have an interior entry to the primary residence’s main living <br />area, independent of the exterior entrance of the JADU and primary residence. While not <br />expressly stated in the SAMC, the City has been requiring an interior entry or connection <br />between the primary residence and JADU when a sanitation facility is shared as part of the <br />plan review process. Section 41-194.1(4) will be amended to explicitly require an interior <br />connection between a JADU and the primary unit when sanitation facilities will be shared. <br />The proposed amendment will make the local ordinance consistent with changes to state <br />law, but will not result in substantive changes in the review process or the types of <br />products that have been or will be permitted in the City. <br />Multiple Single-family Residences <br />For the purposes of ADU law, building types on properties are categorized as either single- <br />family or multi-family. Single-family is defined as a building containing one or more <br />habitable rooms with only one kitchen, designed for occupancy by one independent <br />household unit. Multi-family is defined as a building, other than a hotel or motel, with two <br />or more attached dwelling units used to house two or more families, living independently <br />of each other. Consistent with the definitions of single-family and multi-family, and with <br />state ADU law, it is necessary to expressly clarify and state in Section 41-194.2(C) that <br />only one ADU is permitted on lots developed with multiple detached single-family <br />residences. <br />Multi-family Buildings <br />The ordinance would amend Section 41-194.2(D) to clarify that two detached ADUs are <br />permitted on sites developed with a multi-family building and that they can be new <br />construction, conversion of existing detached accessory buildings, or any combination <br />thereof. While including two methods by which to permit ADUs on sites developed with <br />a multi-family building was optional, such as through conversion of existing non- <br />habitable space within the building or through construction of two detached units, <br />changes to state law require local agencies to now permit both, meaning allowances for <br />ADU construction on properties with multi-family buildings will be in line with state law. <br />JADU – Non-habitable Space <br />The amendments include updates to Section 41-194.2(E) to specify that non-habitable <br />spaces attached to within the primary residence, including attached garages, are <br />considered part of the proposed or existing single-family residence, consistent with <br />practice and new state law. Additionally, the ordinance includes text clarifying that lots <br />developed with multiple detached single-family dwellings are not eligible to have a JADU, <br />consistent with state law. <br />Maximum Size – Attached ADU <br />Santa Ana’s existing local ordinance limits attached ADUs to 50 percent the size of the <br />primary residence, not to exceed 1,000 square feet in size. The local ordinance can <br />continue to utilize a percentage of the primary dwelling as a maximum unit size for