75A - PH ACCESSORY DWELLING UNITS

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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 govemments 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 had broad 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 Ana Municipal Code .(SAMC), regarding second dwelling units in accordance.with the changes made at the state level. The.ordinarice allowed forseconddwelling units to be constructed in residential zoning districts pn?vlded 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 affordable housing 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 theperceived_prohibitive local regulations, state legislators approved Senate Bill 1069 (SB1069) and Assembly Bili 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previously existing second dwelling unit ordinance conflicting with,SB1069 and A132299, Santa Ana's local ordinance Was superseded by state law and is no longer enforceable.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 75A-8