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ZOA No. 2022-06 – Urgency Ordinance <br />December 6, 2022 <br />Page 6 <br />3 <br />0 <br />7 <br />0 <br />attached ADUs, but only if it does not restrict the ability to construct an ADU of at least 800 <br />square feet in size. Consistent with state law, it is necessary to amend Section 41-194.3 <br />(A) to expressly permit exceeding the 50 percent size limit for attached ADUs to allow a <br />unit of at least 800 square feet in size. <br />Maximum Height <br />New state law will require that local agencies permit taller ADUs under certain <br />circumstances. For example, detached ADUs located within one half-mile of a major <br />transit stop or high quality transit corridor may be up to 18 feet in height and up to 20 feet if <br />necessary to match the roof pitch of the ADU to that of the main house. Since Santa Ana <br />is a transit-rich community, nearly the entire city is located within half-mile of transit. <br />Additionally, Santa Ana’s Citywide Design Guidelines, which apply to ADUs, require that <br />the roof pitch match that of the primary residence. Taken together, nearly all detached <br />ADUs would qualify to be built up to a maximum of 20 feet in height. Consistent with state <br />law, revising the standard to two stories or 20 feet maximum in height will simplify <br />application of the standard and streamline review of such proposals. No change is needed <br />to attached ADU height limit as it complies with new state law. <br />Front Yard Setback <br />New state law continues to allow local agencies to impose a front yard setback; <br />however, it must yield to the extent necessary to enable the construction of an ADU that <br />is at least 800 square feet in size. The previous state law included similar “must yield” <br />provisions for other development standards such as lot coverage, separation criteria, <br />and open-space requirements. To maintain consistency with state law, the ordinance <br />would allow encroachment into the required front yard setback in the amount necessary <br />to permit an ADU up to 800 square feet in size. <br />Parking Exemption <br />Santa Ana’s existing ordinance provides six parking exemptions that are all required by <br />state law. Those parking exemptions are: 1) The ADU is located within one-half (½) mile <br />walking distance of public transit; 2) The ADU is located within an architecturally and <br />historically significant historic district; 3) The ADU is part of the proposed or existing <br />primary residence dwelling or an existing accessory structure; 4) When on-street parking <br />permits are required but not offered to the occupant of the ADU; 5) When there is a car <br />share vehicle located within one (1) block of the ADU; and 6) The ADU is constructed as a <br />studio, without bedrooms. New state law will add one additional parking exemption to <br />explicitly state that the existing parking exemptions also apply in situations when a permit <br />application for an ADU is submitted with a permit application to create a new single-family <br />residence or a new multifamily residence. The ordinance would include the new exemption <br />in accordance with state law. <br />ENVIRONMENTAL IMPACT <br />Pursuant to the California Environmental Quality Act (“CEQA”) and the CEQA <br />Guidelines, the adoption of this Ordinance is exempt from CEQA review pursuant to <br />Section 15282(h) which provides a statutory exemption for the adoption of an ordinance