75D - PH AMND ZONING ORD CH 41 MUNI CODE

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Zoning Ordinance Amendment No. 2017.04 October 23, 2017 Page 2 In 2003,'the California State Legislature enacted AB1866, which took effect on July 1, •2003. The so- called "Granny Flat" bill instructed local governments to Include_ provisions that encourage the addition of accessory dwelling units in'their municipal codes and to remove unreasonable restrictions on constructing such units by making them ministerial in nature. The bill hadbroad support from a variety of.constituents and.sources and has been lauded as a'means of improving affordable housing stock throughout California, In response to AB1866, the City Council adopted Ordinance No. NS 2629, amending the Santa Aha Municipal Code (SAMC) regarding second dwelling units in accordance with the changes made at the state level. The ordinance allowed for second dwelling .units to be constructed In residential zoning districts provided development standards„ such as. parking, lot coverage, setbacks, and unit size'were met. While state legislators and proponents of the Granny Flat bill.. had anticipated'an_ influx of second dwelling units to help alleviate.the shortage of affordablehousing in the state, individuals trying to construct these, units often -faced what legislators perceived as' prohibitive` local regulations that discouraged, their construction. To ease and streamline the perceived prohibitive local regulations, state legislators approved Senate Bill 1069 (SB1069) and Assembly Bill 2299(AB2299) to amend Section 65852.2 of the Government Code relating to second .dwelling units, or ADus (Exhibit 2): The amendments are. intended to further reduce the barriers :to constructing these units, to help combat the complex housing shortage problem, and to increase the number.of affordable housing units while preserving the character of residential neighborhoods. The amendments took effect January 1, 2017, and due to several sections of the City's previously existing second dwelling unit ordinance conflicting with SB1069 and AB2299, Santa Ana's local ordinance wail superseded by state taw and is no longer enforceable. The proposed ordinance would change the City's second dwelling unit ,ordinance to be in compliance with state law by repealing the City's 2003 second dwelling unit ordinance (Section 41 .194 'of the SAMC), incorporating the new state provisions, :and introducing new tailored ADU 'regulations that recognize the diversity of Santa Ana neighborhoods. New State Accessory Dwelling Unit Law The new state ADU law (effective January 1, 2017) preempts'a local jurisdiction's ability to regulate, aspects of ADU location and development. Local ordinances must adhere to the following standards: • Approvals must be "by right"'or ministerial in nature. • No passageway (unobstructed pathway extending from a street to one entrance of the accessory dwelling unit) shall be required in conjunction with the construction of a ADU. • No setbacks shall be required for an existing garage that is'converted to an ADU 75D-6