75B - PUBLIC HEARING ZONNG ORDINANCE NO. 2019-05

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Zoning Ordinance Amendment No. 2019-05 March 17, 2020 Page 5 permit ADUs up to 1,200 square feet in size. However, it also allows cities to establish maximums below that threshold as long as maximums are not set below 1,000 square feet for ADUs that provided two or more bedrooms and 850 square feet for ADUs that provide one bedroom or less. To establish a uniform maximum that complies with state law and is in keeping with the feedback received when the prior ordinance was established, the proposed ordinance will limit ADUs to a maximum 1,000 square feet for detached units and 1,000 square feet or 50 percent the size of the primary residence for attached units, regardless of number of bedrooms. Staff believes that setting two maximums will create confusion and is unnecessary as there is no incentive for a property owner to provide less bedrooms and limit the potential size of their unit. Thus, setting one maximum will result in a uniform product. The limitation on ADU size will not affect development standards that apply to the primary residence on the site. On -Site Open Space Currently open space in Santa Ana is provided at a rate below the two acres per 1,000 residents goal established in the Open Space, Parks, and Recreation Element in the City's General Plan. With the city being built out and land prices that make construction of new parks prohibitive, requiring open space on private property is critical to provide residents recreational opportunities, gathering spaces, and outdoor amenities. The proposed ordinance maintains the 1,200 square feet of non -front yard open space requirement on single-family residential properties that was part of the prior ordinance to ensure residents are provided with outdoor amenities. However, state law, while allowing for these types of development standards to be imposed, states that they cannot prohibit the construction of an ADU of at least 800 square feet in size. For those properties that cannot meet this requirement, they will be permitted to reduce the amount of open space provided on the site in the amount necessary to create at least an 800 square foot ADU. On -site Parking The proposed ordinance will require the most amount of parking per ADU that is allowed pursuant state law, which is one parking space per unit, unless the unit meets one of the five exemptions established by the state. Pursuant to state law, local agencies shall not require parking for ADUs in any of the following instances: 1) the ADU is located within one-half (1/2) mile walking distance of public transit, 2) the ADU is located within an architecturally and historically significant historic district, 3) the ADU is part of the proposed or existing primary dwelling or an existing accessory structure, 4) when on -street parking permits are required but not offered to the occupant of the ADU, and 5) when there is a car share vehicle located within one (1) block of the ADU. The prior ADU ordinance required that a property that did not conform to the parking requirement for the primary unit, which is two covered and two non -covered spaces for a single-family residence, be brought into conformance prior to or concurrent with the establishment of an ADU. State law now prohibits local agencies from using non -conformities of the primary residence from precluding the construction of an ADU or from requiring that the non -conformities be brought into conformance before approval of an ADU. As such, the proposed ordinance does not require 75B-5